Bill Text: IL HB3538 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Keep Illinois Business Act. Provides that any recipient business that chooses to move all or part of its business operations and the jobs created by its business out-of-State shall be deemed to no longer qualify for State economic development assistance, and shall be required to pay to the relevant State granting agency the full amount of any economic development assistance it received. Provides for procedures for the recovery of economic development assistance, including required notice to the recipient business and an opportunity for a hearing. Defines terms.

Spectrum: Partisan Bill (Democrat 39-0)

Status: (Passed) 2018-12-10 - Public Act . . . . . . . . . 100-1148 [HB3538 Detail]

Download: Illinois-2017-HB3538-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-140 as follows:
(5 ILCS 100/5-140) (from Ch. 127, par. 1005-140)
Sec. 5-140. Reports to the General Assembly. The Joint
Committee shall report its findings, conclusions, and
recommendations, including suggested legislation, to the
General Assembly by February 1 of each year.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives, the President, the Minority Leader, and the
Secretary of the Senate, and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing additional copies with the State Government
Report Distribution Center for the General Assembly as required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 87-823.)
Section 10. The Election Code is amended by changing
Section 1A-8 as follows:

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(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
Sec. 1A-8. The State Board of Elections shall exercise the
following powers and perform the following duties in addition
to any powers or duties otherwise provided for by law:
(1) Assume all duties and responsibilities of the State
Electoral Board and the Secretary of State as heretofore
provided in this Code;
(2) Disseminate information to and consult with
election authorities concerning the conduct of elections
and registration in accordance with the laws of this State
and the laws of the United States;
(3) Furnish to each election authority prior to each
primary and general election and any other election it
deems necessary, a manual of uniform instructions
consistent with the provisions of this Code which shall be
used by election authorities in the preparation of the
official manual of instruction to be used by the judges of
election in any such election. In preparing such manual,
the State Board shall consult with representatives of the
election authorities throughout the State. The State Board
may provide separate portions of the uniform instructions
applicable to different election jurisdictions which
administer elections under different options provided by
law. The State Board may by regulation require particular
portions of the uniform instructions to be included in any

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official manual of instructions published by election
authorities. Any manual of instructions published by any
election authority shall be identical with the manual of
uniform instructions issued by the Board, but may be
adapted by the election authority to accommodate special or
unusual local election problems, provided that all manuals
published by election authorities must be consistent with
the provisions of this Code in all respects and must
receive the approval of the State Board of Elections prior
to publication; provided further that if the State Board
does not approve or disapprove of a proposed manual within
60 days of its submission, the manual shall be deemed
approved.
(4) Prescribe and require the use of such uniform
forms, notices, and other supplies not inconsistent with
the provisions of this Code as it shall deem advisable
which shall be used by election authorities in the conduct
of elections and registrations;
(5) Prepare and certify the form of ballot for any
proposed amendment to the Constitution of the State of
Illinois, or any referendum to be submitted to the electors
throughout the State or, when required to do so by law, to
the voters of any area or unit of local government of the
State;
(6) Require such statistical reports regarding the
conduct of elections and registration from election

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authorities as may be deemed necessary;
(7) Review and inspect procedures and records relating
to conduct of elections and registration as may be deemed
necessary, and to report violations of election laws to the
appropriate State's Attorney or the Attorney General;
(8) Recommend to the General Assembly legislation to
improve the administration of elections and registration;
(9) Adopt, amend or rescind rules and regulations in
the performance of its duties provided that all such rules
and regulations must be consistent with the provisions of
this Article 1A or issued pursuant to authority otherwise
provided by law;
(10) Determine the validity and sufficiency of
petitions filed under Article XIV, Section 3, of the
Constitution of the State of Illinois of 1970;
(11) Maintain in its principal office a research
library that includes, but is not limited to, abstracts of
votes by precinct for general primary elections and general
elections, current precinct maps and current precinct poll
lists from all election jurisdictions within the State. The
research library shall be open to the public during regular
business hours. Such abstracts, maps and lists shall be
preserved as permanent records and shall be available for
examination and copying at a reasonable cost;
(12) Supervise the administration of the registration
and election laws throughout the State;

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(13) Obtain from the Department of Central Management
Services, under Section 405-250 of the Department of
Central Management Services Law (20 ILCS 405/405-250),
such use of electronic data processing equipment as may be
required to perform the duties of the State Board of
Elections and to provide election-related information to
candidates, public and party officials, interested civic
organizations and the general public in a timely and
efficient manner;
(14) To take such action as may be necessary or
required to give effect to directions of the national
committee or State central committee of an established
political party under Sections 7-8, 7-11, and 7-14.1 or
such other provisions as may be applicable pertaining to
the selection of delegates and alternate delegates to an
established political party's national nominating
conventions or, notwithstanding any candidate
certification schedule contained within this Code, the
certification of the Presidential and Vice Presidential
candidate selected by the established political party's
national nominating convention;
(15) To post all early voting sites separated by
election authority and hours of operation on its website at
least 5 business days before the period for early voting
begins;
(16) To post on its website the statewide totals, and

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totals separated by each election authority, for each of
the counts received pursuant to Section 1-9.2; and
(17) To post on its website, in a downloadable format,
the information received from each election authority
under Section 1-17.
The Board may by regulation delegate any of its duties or
functions under this Article, except that final determinations
and orders under this Article shall be issued only by the
Board.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives, the President, the Minority Leader, and the
Secretary of the Senate, and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18.)
Section 15. The Executive Reorganization Implementation
Act is amended by changing Section 11 as follows:
(15 ILCS 15/11) (from Ch. 127, par. 1811)
Sec. 11. Every agency created or assigned new functions

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pursuant to a reorganization shall report to the General
Assembly not later than 6 months after the reorganization takes
effect and annually thereafter for 3 years. This report shall
include data on the economies effected by the reorganization
and an analysis of the effect of the reorganization on State
government. The report shall also include the agency's
recommendations for further legislation relating to
reorganization.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 20. The Illinois Act on the Aging is amended by
changing Sections 4.02 and 7.09 as follows:
(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
Sec. 4.02. Community Care Program. The Department shall

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

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the person to become self-supporting; or
(m) clearinghouse for information provided by senior
citizen home owners who want to rent rooms to or share
living space with other senior citizens.
The Department shall establish eligibility standards for
such services. In determining the amount and nature of services
for which a person may qualify, consideration shall not be
given to the value of cash, property or other assets held in
the name of the person's spouse pursuant to a written agreement
dividing marital property into equal but separate shares or
pursuant to a transfer of the person's interest in a home to
his spouse, provided that the spouse's share of the marital
property is not made available to the person seeking such
services.
Beginning January 1, 2008, the Department shall require as
a condition of eligibility that all new financially eligible
applicants apply for and enroll in medical assistance under
Article V of the Illinois Public Aid Code in accordance with
rules promulgated by the Department.
The Department shall, in conjunction with the Department of
Public Aid (now Department of Healthcare and Family Services),
seek appropriate amendments under Sections 1915 and 1924 of the
Social Security Act. The purpose of the amendments shall be to
extend eligibility for home and community based services under
Sections 1915 and 1924 of the Social Security Act to persons
who transfer to or for the benefit of a spouse those amounts of

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income and resources allowed under Section 1924 of the Social
Security Act. Subject to the approval of such amendments, the
Department shall extend the provisions of Section 5-4 of the
Illinois Public Aid Code to persons who, but for the provision
of home or community-based services, would require the level of
care provided in an institution, as is provided for in federal
law. Those persons no longer found to be eligible for receiving
noninstitutional services due to changes in the eligibility
criteria shall be given 45 days notice prior to actual
termination. Those persons receiving notice of termination may
contact the Department and request the determination be
appealed at any time during the 45 day notice period. The
target population identified for the purposes of this Section
are persons age 60 and older with an identified service need.
Priority shall be given to those who are at imminent risk of
institutionalization. The services shall be provided to
eligible persons age 60 and older to the extent that the cost
of the services together with the other personal maintenance
expenses of the persons are reasonably related to the standards
established for care in a group facility appropriate to the
person's condition. These non-institutional services, pilot
projects or experimental facilities may be provided as part of
or in addition to those authorized by federal law or those
funded and administered by the Department of Human Services.
The Departments of Human Services, Healthcare and Family
Services, Public Health, Veterans' Affairs, and Commerce and

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

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children with developmental disabilities. The content of the
training shall be at the Department's discretion.
The Department is authorized to establish a system of
recipient copayment for services provided under this Section,
such copayment to be based upon the recipient's ability to pay
but in no case to exceed the actual cost of the services
provided. Additionally, any portion of a person's income which
is equal to or less than the federal poverty standard shall not
be considered by the Department in determining the copayment.
The level of such copayment shall be adjusted whenever
necessary to reflect any change in the officially designated
federal poverty standard.
The Department, or the Department's authorized
representative, may recover the amount of moneys expended for
services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may be
had until after the death of the surviving spouse, if any, and
then only at such time when there is no surviving child who is
under age 21 or blind or who has a permanent and total
disability. This paragraph, however, shall not bar recovery, at
the death of the person, of moneys for services provided to the
person or in behalf of the person under this Section to which
the person was not entitled; provided that such recovery shall
not be enforced against any real estate while it is occupied as
a homestead by the surviving spouse or other dependent, if no

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claims by other creditors have been filed against the estate,
or, if such claims have been filed, they remain dormant for
failure of prosecution or failure of the claimant to compel
administration of the estate for the purpose of payment. This
paragraph shall not bar recovery from the estate of a spouse,
under Sections 1915 and 1924 of the Social Security Act and
Section 5-4 of the Illinois Public Aid Code, who precedes a
person receiving services under this Section in death. All
moneys for services paid to or in behalf of the person under
this Section shall be claimed for recovery from the deceased
spouse's estate. "Homestead", as used in this paragraph, means
the dwelling house and contiguous real estate occupied by a
surviving spouse or relative, as defined by the rules and
regulations of the Department of Healthcare and Family
Services, regardless of the value of the property.
The Department shall increase the effectiveness of the
existing Community Care Program by:
(1) ensuring that in-home services included in the care
plan are available on evenings and weekends;
(2) ensuring that care plans contain the services that
eligible participants need based on the number of days in a
month, not limited to specific blocks of time, as
identified by the comprehensive assessment tool selected
by the Department for use statewide, not to exceed the
total monthly service cost maximum allowed for each
service; the Department shall develop administrative rules

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to implement this item (2);
(3) ensuring that the participants have the right to
choose the services contained in their care plan and to
direct how those services are provided, based on
administrative rules established by the Department;
(4) ensuring that the determination of need tool is
accurate in determining the participants' level of need; to
achieve this, the Department, in conjunction with the Older
Adult Services Advisory Committee, shall institute a study
of the relationship between the Determination of Need
scores, level of need, service cost maximums, and the
development and utilization of service plans no later than
May 1, 2008; findings and recommendations shall be
presented to the Governor and the General Assembly no later
than January 1, 2009; recommendations shall include all
needed changes to the service cost maximums schedule and
additional covered services;
(5) ensuring that homemakers can provide personal care
services that may or may not involve contact with clients,
including but not limited to:
(A) bathing;
(B) grooming;
(C) toileting;
(D) nail care;
(E) transferring;
(F) respiratory services;

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(G) exercise; or
(H) positioning;
(6) ensuring that homemaker program vendors are not
restricted from hiring homemakers who are family members of
clients or recommended by clients; the Department may not,
by rule or policy, require homemakers who are family
members of clients or recommended by clients to accept
assignments in homes other than the client;
(7) ensuring that the State may access maximum federal
matching funds by seeking approval for the Centers for
Medicare and Medicaid Services for modifications to the
State's home and community based services waiver and
additional waiver opportunities, including applying for
enrollment in the Balance Incentive Payment Program by May
1, 2013, in order to maximize federal matching funds; this
shall include, but not be limited to, modification that
reflects all changes in the Community Care Program services
and all increases in the services cost maximum;
(8) ensuring that the determination of need tool
accurately reflects the service needs of individuals with
Alzheimer's disease and related dementia disorders;
(9) ensuring that services are authorized accurately
and consistently for the Community Care Program (CCP); the
Department shall implement a Service Authorization policy
directive; the purpose shall be to ensure that eligibility
and services are authorized accurately and consistently in

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the CCP program; the policy directive shall clarify service
authorization guidelines to Care Coordination Units and
Community Care Program providers no later than May 1, 2013;
(10) working in conjunction with Care Coordination
Units, the Department of Healthcare and Family Services,
the Department of Human Services, Community Care Program
providers, and other stakeholders to make improvements to
the Medicaid claiming processes and the Medicaid
enrollment procedures or requirements as needed,
including, but not limited to, specific policy changes or
rules to improve the up-front enrollment of participants in
the Medicaid program and specific policy changes or rules
to insure more prompt submission of bills to the federal
government to secure maximum federal matching dollars as
promptly as possible; the Department on Aging shall have at
least 3 meetings with stakeholders by January 1, 2014 in
order to address these improvements;
(11) requiring home care service providers to comply
with the rounding of hours worked provisions under the
federal Fair Labor Standards Act (FLSA) and as set forth in
29 CFR 785.48(b) by May 1, 2013;
(12) implementing any necessary policy changes or
promulgating any rules, no later than January 1, 2014, to
assist the Department of Healthcare and Family Services in
moving as many participants as possible, consistent with
federal regulations, into coordinated care plans if a care

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coordination plan that covers long term care is available
in the recipient's area; and
(13) maintaining fiscal year 2014 rates at the same
level established on January 1, 2013.
By January 1, 2009 or as soon after the end of the Cash and
Counseling Demonstration Project as is practicable, the
Department may, based on its evaluation of the demonstration
project, promulgate rules concerning personal assistant
services, to include, but need not be limited to,
qualifications, employment screening, rights under fair labor
standards, training, fiduciary agent, and supervision
requirements. All applicants shall be subject to the provisions
of the Health Care Worker Background Check Act.
The Department shall develop procedures to enhance
availability of services on evenings, weekends, and on an
emergency basis to meet the respite needs of caregivers.
Procedures shall be developed to permit the utilization of
services in successive blocks of 24 hours up to the monthly
maximum established by the Department. Workers providing these
services shall be appropriately trained.
Beginning on the effective date of this amendatory Act of
1991, no person may perform chore/housekeeping and home care
aide services under a program authorized by this Section unless
that person has been issued a certificate of pre-service to do
so by his or her employing agency. Information gathered to
effect such certification shall include (i) the person's name,

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(ii) the date the person was hired by his or her current
employer, and (iii) the training, including dates and levels.
Persons engaged in the program authorized by this Section
before the effective date of this amendatory Act of 1991 shall
be issued a certificate of all pre- and in-service training
from his or her employer upon submitting the necessary
information. The employing agency shall be required to retain
records of all staff pre- and in-service training, and shall
provide such records to the Department upon request and upon
termination of the employer's contract with the Department. In
addition, the employing agency is responsible for the issuance
of certifications of in-service training completed to their
employees.
The Department is required to develop a system to ensure
that persons working as home care aides and personal assistants
receive increases in their wages when the federal minimum wage
is increased by requiring vendors to certify that they are
meeting the federal minimum wage statute for home care aides
and personal assistants. An employer that cannot ensure that
the minimum wage increase is being given to home care aides and
personal assistants shall be denied any increase in
reimbursement costs.
The Community Care Program Advisory Committee is created in
the Department on Aging. The Director shall appoint individuals
to serve in the Committee, who shall serve at their own
expense. Members of the Committee must abide by all applicable

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ethics laws. The Committee shall advise the Department on
issues related to the Department's program of services to
prevent unnecessary institutionalization. The Committee shall
meet on a bi-monthly basis and shall serve to identify and
advise the Department on present and potential issues affecting
the service delivery network, the program's clients, and the
Department and to recommend solution strategies. Persons
appointed to the Committee shall be appointed on, but not
limited to, their own and their agency's experience with the
program, geographic representation, and willingness to serve.
The Director shall appoint members to the Committee to
represent provider, advocacy, policy research, and other
constituencies committed to the delivery of high quality home
and community-based services to older adults. Representatives
shall be appointed to ensure representation from community care
providers including, but not limited to, adult day service
providers, homemaker providers, case coordination and case
management units, emergency home response providers, statewide
trade or labor unions that represent home care aides and direct
care staff, area agencies on aging, adults over age 60,
membership organizations representing older adults, and other
organizational entities, providers of care, or individuals
with demonstrated interest and expertise in the field of home
and community care as determined by the Director.
Nominations may be presented from any agency or State
association with interest in the program. The Director, or his

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or her designee, shall serve as the permanent co-chair of the
advisory committee. One other co-chair shall be nominated and
approved by the members of the committee on an annual basis.
Committee members' terms of appointment shall be for 4 years
with one-quarter of the appointees' terms expiring each year. A
member shall continue to serve until his or her replacement is
named. The Department shall fill vacancies that have a
remaining term of over one year, and this replacement shall
occur through the annual replacement of expiring terms. The
Director shall designate Department staff to provide technical
assistance and staff support to the committee. Department
representation shall not constitute membership of the
committee. All Committee papers, issues, recommendations,
reports, and meeting memoranda are advisory only. The Director,
or his or her designee, shall make a written report, as
requested by the Committee, regarding issues before the
Committee.
The Department on Aging and the Department of Human
Services shall cooperate in the development and submission of
an annual report on programs and services provided under this
Section. Such joint report shall be filed with the Governor and
the General Assembly on or before September 30 each year.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the

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Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library
Act.
Those persons previously found eligible for receiving
non-institutional services whose services were discontinued
under the Emergency Budget Act of Fiscal Year 1992, and who do
not meet the eligibility standards in effect on or after July
1, 1992, shall remain ineligible on and after July 1, 1992.
Those persons previously not required to cost-share and who
were required to cost-share effective March 1, 1992, shall
continue to meet cost-share requirements on and after July 1,
1992. Beginning July 1, 1992, all clients will be required to
meet eligibility, cost-share, and other requirements and will
have services discontinued or altered when they fail to meet
these requirements.
For the purposes of this Section, "flexible senior
services" refers to services that require one-time or periodic
expenditures including, but not limited to, respite care, home
modification, assistive technology, housing assistance, and
transportation.
The Department shall implement an electronic service
verification based on global positioning systems or other
cost-effective technology for the Community Care Program no

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later than January 1, 2014.
The Department shall require, as a condition of
eligibility, enrollment in the medical assistance program
under Article V of the Illinois Public Aid Code (i) beginning
August 1, 2013, if the Auditor General has reported that the
Department has failed to comply with the reporting requirements
of Section 2-27 of the Illinois State Auditing Act; or (ii)
beginning June 1, 2014, if the Auditor General has reported
that the Department has not undertaken the required actions
listed in the report required by subsection (a) of Section 2-27
of the Illinois State Auditing Act.
The Department shall delay Community Care Program services
until an applicant is determined eligible for medical
assistance under Article V of the Illinois Public Aid Code (i)
beginning August 1, 2013, if the Auditor General has reported
that the Department has failed to comply with the reporting
requirements of Section 2-27 of the Illinois State Auditing
Act; or (ii) beginning June 1, 2014, if the Auditor General has
reported that the Department has not undertaken the required
actions listed in the report required by subsection (a) of
Section 2-27 of the Illinois State Auditing Act.
The Department shall implement co-payments for the
Community Care Program at the federally allowable maximum level
(i) beginning August 1, 2013, if the Auditor General has
reported that the Department has failed to comply with the
reporting requirements of Section 2-27 of the Illinois State

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Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
General has reported that the Department has not undertaken the
required actions listed in the report required by subsection
(a) of Section 2-27 of the Illinois State Auditing Act.
The Department shall provide a bi-monthly report on the
progress of the Community Care Program reforms set forth in
this amendatory Act of the 98th General Assembly to the
Governor, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the President
of the Senate, and the Minority Leader of the Senate.
The Department shall conduct a quarterly review of Care
Coordination Unit performance and adherence to service
guidelines. The quarterly review shall be reported to the
Speaker of the House of Representatives, the Minority Leader of
the House of Representatives, the President of the Senate, and
the Minority Leader of the Senate. The Department shall collect
and report longitudinal data on the performance of each care
coordination unit. Nothing in this paragraph shall be construed
to require the Department to identify specific care
coordination units.
In regard to community care providers, failure to comply
with Department on Aging policies shall be cause for
disciplinary action, including, but not limited to,
disqualification from serving Community Care Program clients.
Each provider, upon submission of any bill or invoice to the
Department for payment for services rendered, shall include a

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notarized statement, under penalty of perjury pursuant to
Section 1-109 of the Code of Civil Procedure, that the provider
has complied with all Department policies.
The Director of the Department on Aging shall make
information available to the State Board of Elections as may be
required by an agreement the State Board of Elections has
entered into with a multi-state voter registration list
maintenance system.
Within 30 days after July 6, 2017 (the effective date of
Public Act 100-23), rates shall be increased to $18.29 per
hour, for the purpose of increasing, by at least $.72 per hour,
the wages paid by those vendors to their employees who provide
homemaker services. The Department shall pay an enhanced rate
under the Community Care Program to those in-home service
provider agencies that offer health insurance coverage as a
benefit to their direct service worker employees consistent
with the mandates of Public Act 95-713. For State fiscal years
2018 and 2019, the enhanced rate shall be $1.77 per hour. The
rate shall be adjusted using actuarial analysis based on the
cost of care, but shall not be set below $1.77 per hour. The
Department shall adopt rules, including emergency rules under
subsections (y) and (bb) of Section 5-45 of the Illinois
Administrative Procedure Act, to implement the provisions of
this paragraph.
The General Assembly finds it necessary to authorize an
aggressive Medicaid enrollment initiative designed to maximize

HB3538 Enrolled - 25 - LRB100 05680 RJF 15698 b
federal Medicaid funding for the Community Care Program which
produces significant savings for the State of Illinois. The
Department on Aging shall establish and implement a Community
Care Program Medicaid Initiative. Under the Initiative, the
Department on Aging shall, at a minimum: (i) provide an
enhanced rate to adequately compensate care coordination units
to enroll eligible Community Care Program clients into
Medicaid; (ii) use recommendations from a stakeholder
committee on how best to implement the Initiative; and (iii)
establish requirements for State agencies to make enrollment in
the State's Medical Assistance program easier for seniors.
The Community Care Program Medicaid Enrollment Oversight
Subcommittee is created as a subcommittee of the Older Adult
Services Advisory Committee established in Section 35 of the
Older Adult Services Act to make recommendations on how best to
increase the number of medical assistance recipients who are
enrolled in the Community Care Program. The Subcommittee shall
consist of all of the following persons who must be appointed
within 30 days after the effective date of this amendatory Act
of the 100th General Assembly:
(1) The Director of Aging, or his or her designee, who
shall serve as the chairperson of the Subcommittee.
(2) One representative of the Department of Healthcare
and Family Services, appointed by the Director of
Healthcare and Family Services.
(3) One representative of the Department of Human

HB3538 Enrolled - 26 - LRB100 05680 RJF 15698 b
Services, appointed by the Secretary of Human Services.
(4) One individual representing a care coordination
unit, appointed by the Director of Aging.
(5) One individual from a non-governmental statewide
organization that advocates for seniors, appointed by the
Director of Aging.
(6) One individual representing Area Agencies on
Aging, appointed by the Director of Aging.
(7) One individual from a statewide association
dedicated to Alzheimer's care, support, and research,
appointed by the Director of Aging.
(8) One individual from an organization that employs
persons who provide services under the Community Care
Program, appointed by the Director of Aging.
(9) One member of a trade or labor union representing
persons who provide services under the Community Care
Program, appointed by the Director of Aging.
(10) One member of the Senate, who shall serve as
co-chairperson, appointed by the President of the Senate.
(11) One member of the Senate, who shall serve as
co-chairperson, appointed by the Minority Leader of the
Senate.
(12) One member of the House of Representatives, who
shall serve as co-chairperson, appointed by the Speaker of
the House of Representatives.
(13) One member of the House of Representatives, who

HB3538 Enrolled - 27 - LRB100 05680 RJF 15698 b
shall serve as co-chairperson, appointed by the Minority
Leader of the House of Representatives.
(14) One individual appointed by a labor organization
representing frontline employees at the Department of
Human Services.
The Subcommittee shall provide oversight to the Community
Care Program Medicaid Initiative and shall meet quarterly. At
each Subcommittee meeting the Department on Aging shall provide
the following data sets to the Subcommittee: (A) the number of
Illinois residents, categorized by planning and service area,
who are receiving services under the Community Care Program and
are enrolled in the State's Medical Assistance Program; (B) the
number of Illinois residents, categorized by planning and
service area, who are receiving services under the Community
Care Program, but are not enrolled in the State's Medical
Assistance Program; and (C) the number of Illinois residents,
categorized by planning and service area, who are receiving
services under the Community Care Program and are eligible for
benefits under the State's Medical Assistance Program, but are
not enrolled in the State's Medical Assistance Program. In
addition to this data, the Department on Aging shall provide
the Subcommittee with plans on how the Department on Aging will
reduce the number of Illinois residents who are not enrolled in
the State's Medical Assistance Program but who are eligible for
medical assistance benefits. The Department on Aging shall
enroll in the State's Medical Assistance Program those Illinois

HB3538 Enrolled - 28 - LRB100 05680 RJF 15698 b
residents who receive services under the Community Care Program
and are eligible for medical assistance benefits but are not
enrolled in the State's Medicaid Assistance Program. The data
provided to the Subcommittee shall be made available to the
public via the Department on Aging's website.
The Department on Aging, with the involvement of the
Subcommittee, shall collaborate with the Department of Human
Services and the Department of Healthcare and Family Services
on how best to achieve the responsibilities of the Community
Care Program Medicaid Initiative.
The Department on Aging, the Department of Human Services,
and the Department of Healthcare and Family Services shall
coordinate and implement a streamlined process for seniors to
access benefits under the State's Medical Assistance Program.
The Subcommittee shall collaborate with the Department of
Human Services on the adoption of a uniform application
submission process. The Department of Human Services and any
other State agency involved with processing the medical
assistance application of any person enrolled in the Community
Care Program shall include the appropriate care coordination
unit in all communications related to the determination or
status of the application.
The Community Care Program Medicaid Initiative shall
provide targeted funding to care coordination units to help
seniors complete their applications for medical assistance
benefits. On and after July 1, 2019, care coordination units

HB3538 Enrolled - 29 - LRB100 05680 RJF 15698 b
shall receive no less than $200 per completed application.
The Community Care Program Medicaid Initiative shall cease
operation 5 years after the effective date of this amendatory
Act of the 100th General Assembly, after which the Subcommittee
shall dissolve.
(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18.)
(20 ILCS 105/7.09) (from Ch. 23, par. 6107.09)
Sec. 7.09. The Council shall have the following powers and
duties:
(1) review and comment upon reports of the Department to
the Governor and the General Assembly;
(2) prepare and submit to the Governor, the General
Assembly and the Director an annual report evaluating the level
and quality of all programs, services and facilities provided
to the aging by State agencies;
(3) review and comment upon the comprehensive state plan
prepared by the Department;
(4) review and comment upon disbursements by the Department
of public funds to private agencies;
(5) recommend candidates to the Governor for appointment as
Director of the Department;
(6) consult with the Director regarding the operations of
the Department.
The requirement for reporting to the General Assembly shall

HB3538 Enrolled - 30 - LRB100 05680 RJF 15698 b
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 25. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Section 405-300 as follows:
(20 ILCS 405/405-300) (was 20 ILCS 405/67.02)
(Text of Section before amendment by P.A. 100-1109)
Sec. 405-300. Lease or purchase of facilities; training
programs.
(a) To lease or purchase office and storage space,
buildings, land, and other facilities for all State agencies,
authorities, boards, commissions, departments, institutions,
and bodies politic and all other administrative units or
outgrowths of the executive branch of State government except
the Constitutional officers, the State Board of Education and

HB3538 Enrolled - 31 - LRB100 05680 RJF 15698 b
the State colleges and universities and their governing bodies.
However, before leasing or purchasing any office or storage
space, buildings, land or other facilities in any municipality
the Department shall survey the existing State-owned and
State-leased property to make a determination of need.
The leases shall be for a term not to exceed 5 years,
except that the leases may contain a renewal clause subject to
acceptance by the State after that date or an option to
purchase. The purchases shall be made through contracts that
(i) may provide for the title to the property to transfer
immediately to the State or a trustee or nominee for the
benefit of the State, (ii) shall provide for the consideration
to be paid in installments to be made at stated intervals
during a certain term not to exceed 30 years from the date of
the contract, and (iii) may provide for the payment of interest
on the unpaid balance at a rate that does not exceed a rate
determined by adding 3 percentage points to the annual yield on
United States Treasury obligations of comparable maturity as
most recently published in the Wall Street Journal at the time
such contract is signed. The leases and purchase contracts
shall be and shall recite that they are subject to termination
and cancellation in any year for which the General Assembly
fails to make an appropriation to pay the rent or purchase
installments payable under the terms of the lease or purchase
contract. Additionally, the purchase contract shall specify
that title to the office and storage space, buildings, land,

HB3538 Enrolled - 32 - LRB100 05680 RJF 15698 b
and other facilities being acquired under the contract shall
revert to the Seller in the event of the failure of the General
Assembly to appropriate suitable funds. However, this
limitation on the term of the leases does not apply to leases
to and with the Illinois Building Authority, as provided for in
the Building Authority Act. Leases to and with that Authority
may be entered into for a term not to exceed 30 years and shall
be and shall recite that they are subject to termination and
cancellation in any year for which the General Assembly fails
to make an appropriation to pay the rent payable under the
terms of the lease. These limitations do not apply if the lease
or purchase contract contains a provision limiting the
liability for the payment of the rentals or installments
thereof solely to funds received from the Federal government.
(b) To lease from an airport authority office, aircraft
hangar, and service buildings constructed upon a public airport
under the Airport Authorities Act for the use and occupancy of
the State Department of Transportation. The lease may be
entered into for a term not to exceed 30 years.
(c) To establish training programs for teaching State
leasing procedures and practices to new employees of the
Department and to keep all employees of the Department informed
about current leasing practices and developments in the real
estate industry.
(d) To enter into an agreement with a municipality or
county to construct, remodel, or convert a structure for the

HB3538 Enrolled - 33 - LRB100 05680 RJF 15698 b
purposes of its serving as a correctional institution or
facility pursuant to paragraph (c) of Section 3-2-2 of the
Unified Code of Corrections.
(e) To enter into an agreement with a private individual,
trust, partnership, or corporation or a municipality or other
unit of local government, when authorized to do so by the
Department of Corrections, whereby that individual, trust,
partnership, or corporation or municipality or other unit of
local government will construct, remodel, or convert a
structure for the purposes of its serving as a correctional
institution or facility and then lease the structure to the
Department for the use of the Department of Corrections. A
lease entered into pursuant to the authority granted in this
subsection shall be for a term not to exceed 30 years but may
grant to the State the option to purchase the structure
outright.
The leases shall be and shall recite that they are subject
to termination and cancellation in any year for which the
General Assembly fails to make an appropriation to pay the rent
payable under the terms of the lease.
(f) On and after September 17, 1983, the powers granted to
the Department under this Section shall be exercised
exclusively by the Department, and no other State agency may
concurrently exercise any such power unless specifically
authorized otherwise by a later enacted law. This subsection is
not intended to impair any contract existing as of September

HB3538 Enrolled - 34 - LRB100 05680 RJF 15698 b
17, 1983.
However, no lease for more than 10,000 square feet of space
shall be executed unless the Director, in consultation with the
Executive Director of the Capital Development Board, has
certified that leasing is in the best interest of the State,
considering programmatic requirements, availability of vacant
State-owned space, the cost-benefits of purchasing or
constructing new space, and other criteria as he or she shall
determine. The Director shall not permit multiple leases for
less than 10,000 square feet to be executed in order to evade
this provision.
(g) To develop and implement, in cooperation with the
Interagency Energy Conservation Committee, a system for
evaluating energy consumption in facilities leased by the
Department, and to develop energy consumption standards for use
in evaluating prospective lease sites.
(h) (1) After June 1, 1998 (the effective date of Public
Act 90-520), the Department shall not enter into an
agreement for the installment purchase or lease purchase of
buildings, land, or facilities unless:
(A) the using agency certifies to the Department
that the agency reasonably expects that the building,
land, or facilities being considered for purchase will
meet a permanent space need;
(B) the building or facilities will be
substantially occupied by State agencies after

HB3538 Enrolled - 35 - LRB100 05680 RJF 15698 b
purchase (or after acceptance in the case of a build to
suit);
(C) the building or facilities shall be in new or
like new condition and have a remaining economic life
exceeding the term of the contract;
(D) no structural or other major building
component or system has a remaining economic life of
less than 10 years;
(E) the building, land, or facilities:
(i) is free of any identifiable environmental
hazard or
(ii) is subject to a management plan, provided
by the seller and acceptable to the State, to
address the known environmental hazard;
(F) the building, land, or facilities satisfy
applicable accessibility and applicable building
codes; and
(G) the State's cost to lease purchase or
installment purchase the building, land, or facilities
is less than the cost to lease space of comparable
quality, size, and location over the lease purchase or
installment purchase term.
(2) The Department shall establish the methodology for
comparing lease costs to the costs of installment or lease
purchases. The cost comparison shall take into account all
relevant cost factors, including, but not limited to, debt

HB3538 Enrolled - 36 - LRB100 05680 RJF 15698 b
service, operating and maintenance costs, insurance and
risk costs, real estate taxes, reserves for replacement and
repairs, security costs, and utilities. The methodology
shall also provide:
(A) that the comparison will be made using level
payment plans; and
(B) that a purchase price must not exceed the fair
market value of the buildings, land, or facilities and
that the purchase price must be substantiated by an
appraisal or by a competitive selection process.
(3) If the Department intends to enter into an
installment purchase or lease purchase agreement for
buildings, land, or facilities under circumstances that do
not satisfy the conditions specified by this Section, it
must issue a notice to the Secretary of the Senate and the
Clerk of the House. The notice shall contain (i) specific
details of the State's proposed purchase, including the
amounts, purposes, and financing terms; (ii) a specific
description of how the proposed purchase varies from the
procedures set forth in this Section; and (iii) a specific
justification, signed by the Director, stating why it is in
the State's best interests to proceed with the purchase.
The Department may not proceed with such an installment
purchase or lease purchase agreement if, within 60 calendar
days after delivery of the notice, the General Assembly, by
joint resolution, disapproves the transaction. Delivery

HB3538 Enrolled - 37 - LRB100 05680 RJF 15698 b
may take place on a day and at an hour when the Senate and
House are not in session so long as the offices of
Secretary and Clerk are open to receive the notice. In
determining the 60-day period within which the General
Assembly must act, the day on which delivery is made to the
Senate and House shall not be counted. If delivery of the
notice to the 2 houses occurs on different days, the 60-day
period shall begin on the day following the later delivery.
(4) On or before February 15 of each year, the
Department shall submit an annual report to the Director of
the Governor's Office of Management and Budget and the
General Assembly regarding installment purchases or lease
purchases of buildings, land, or facilities that were
entered into during the preceding calendar year. The report
shall include a summary statement of the aggregate amount
of the State's obligations under those purchases; specific
details pertaining to each purchase, including the
amounts, purposes, and financing terms and payment
schedule for each purchase; and any other matter that the
Department deems advisable.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Auditor General, the Speaker, the Minority Leader, and the
Clerk of the House of Representatives and the President,
the Minority Leader, and the Secretary of the Senate, the
Chairs of the Appropriations Committees, and the

HB3538 Enrolled - 38 - LRB100 05680 RJF 15698 b
Legislative Research Unit, as required by Section 3.1 of
the General Assembly Organization Act, and filing
additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 99-143, eff. 7-27-15.)
(Text of Section after amendment by P.A. 100-1109)
Sec. 405-300. Lease or purchase of facilities; training
programs.
(a) To lease or purchase office and storage space,
buildings, land, and other facilities for all State agencies,
authorities, boards, commissions, departments, institutions,
and bodies politic and all other administrative units or
outgrowths of the executive branch of State government except
the Constitutional officers, the State Board of Education and
the State colleges and universities and their governing bodies.
However, before leasing or purchasing any office or storage
space, buildings, land or other facilities in any municipality
the Department shall survey the existing State-owned and
State-leased property to make a determination of need.
The leases shall be for a term not to exceed 5 years,
except that the leases may contain a renewal clause subject to
acceptance by the State after that date or an option to
purchase. The purchases shall be made through contracts that
(i) may provide for the title to the property to transfer

HB3538 Enrolled - 39 - LRB100 05680 RJF 15698 b
immediately to the State or a trustee or nominee for the
benefit of the State, (ii) shall provide for the consideration
to be paid in installments to be made at stated intervals
during a certain term not to exceed 30 years from the date of
the contract, and (iii) may provide for the payment of interest
on the unpaid balance at a rate that does not exceed a rate
determined by adding 3 percentage points to the annual yield on
United States Treasury obligations of comparable maturity as
most recently published in the Wall Street Journal at the time
such contract is signed. The leases and purchase contracts
shall be and shall recite that they are subject to termination
and cancellation in any year for which the General Assembly
fails to make an appropriation to pay the rent or purchase
installments payable under the terms of the lease or purchase
contract. Additionally, the purchase contract shall specify
that title to the office and storage space, buildings, land,
and other facilities being acquired under the contract shall
revert to the Seller in the event of the failure of the General
Assembly to appropriate suitable funds. However, this
limitation on the term of the leases does not apply to leases
to and with the Illinois Building Authority, as provided for in
the Building Authority Act. Leases to and with that Authority
may be entered into for a term not to exceed 30 years and shall
be and shall recite that they are subject to termination and
cancellation in any year for which the General Assembly fails
to make an appropriation to pay the rent payable under the

HB3538 Enrolled - 40 - LRB100 05680 RJF 15698 b
terms of the lease. These limitations do not apply if the lease
or purchase contract contains a provision limiting the
liability for the payment of the rentals or installments
thereof solely to funds received from the Federal government.
(b) To lease from an airport authority office, aircraft
hangar, and service buildings constructed upon a public airport
under the Airport Authorities Act for the use and occupancy of
the State Department of Transportation. The lease may be
entered into for a term not to exceed 30 years.
(c) To establish training programs for teaching State
leasing procedures and practices to new employees of the
Department and to keep all employees of the Department informed
about current leasing practices and developments in the real
estate industry.
(d) To enter into an agreement with a municipality or
county to construct, remodel, or convert a structure for the
purposes of its serving as a correctional institution or
facility pursuant to paragraph (c) of Section 3-2-2 of the
Unified Code of Corrections.
(e) To enter into an agreement with a private individual,
trust, partnership, or corporation or a municipality or other
unit of local government, when authorized to do so by the
Department of Corrections, whereby that individual, trust,
partnership, or corporation or municipality or other unit of
local government will construct, remodel, or convert a
structure for the purposes of its serving as a correctional

HB3538 Enrolled - 41 - LRB100 05680 RJF 15698 b
institution or facility and then lease the structure to the
Department for the use of the Department of Corrections. A
lease entered into pursuant to the authority granted in this
subsection shall be for a term not to exceed 30 years but may
grant to the State the option to purchase the structure
outright.
The leases shall be and shall recite that they are subject
to termination and cancellation in any year for which the
General Assembly fails to make an appropriation to pay the rent
payable under the terms of the lease.
(f) On and after September 17, 1983, the powers granted to
the Department under this Section shall be exercised
exclusively by the Department, and no other State agency may
concurrently exercise any such power unless specifically
authorized otherwise by a later enacted law. This subsection is
not intended to impair any contract existing as of September
17, 1983.
However, no lease for more than 10,000 square feet of space
shall be executed unless the Director, in consultation with the
Executive Director of the Capital Development Board, has
certified that leasing is in the best interest of the State,
considering programmatic requirements, availability of vacant
State-owned space, the cost-benefits of purchasing or
constructing new space, and other criteria as he or she shall
determine. The Director shall not permit multiple leases for
less than 10,000 square feet to be executed in order to evade

HB3538 Enrolled - 42 - LRB100 05680 RJF 15698 b
this provision.
(g) To develop and implement, in cooperation with the
Interagency Energy Conservation Committee, a system for
evaluating energy consumption in facilities leased by the
Department, and to develop energy consumption standards for use
in evaluating prospective lease sites.
(h) (1) After June 1, 1998 (the effective date of Public
Act 90-520), the Department shall not enter into an
agreement for the installment purchase or lease purchase of
buildings, land, or facilities unless:
(A) the using agency certifies to the Department
that the agency reasonably expects that the building,
land, or facilities being considered for purchase will
meet a permanent space need;
(B) the building or facilities will be
substantially occupied by State agencies after
purchase (or after acceptance in the case of a build to
suit);
(C) the building or facilities shall be in new or
like new condition and have a remaining economic life
exceeding the term of the contract;
(D) no structural or other major building
component or system has a remaining economic life of
less than 10 years;
(E) the building, land, or facilities:
(i) is free of any identifiable environmental

HB3538 Enrolled - 43 - LRB100 05680 RJF 15698 b
hazard or
(ii) is subject to a management plan, provided
by the seller and acceptable to the State, to
address the known environmental hazard;
(F) the building, land, or facilities satisfy
applicable accessibility and applicable building
codes; and
(G) the State's cost to lease purchase or
installment purchase the building, land, or facilities
is less than the cost to lease space of comparable
quality, size, and location over the lease purchase or
installment purchase term.
(2) The Department shall establish the methodology for
comparing lease costs to the costs of installment or lease
purchases. The cost comparison shall take into account all
relevant cost factors, including, but not limited to, debt
service, operating and maintenance costs, insurance and
risk costs, real estate taxes, reserves for replacement and
repairs, security costs, and utilities. The methodology
shall also provide:
(A) that the comparison will be made using level
payment plans; and
(B) that a purchase price must not exceed the fair
market value of the buildings, land, or facilities and
that the purchase price must be substantiated by an
appraisal or by a competitive selection process.

HB3538 Enrolled - 44 - LRB100 05680 RJF 15698 b
(3) If the Department intends to enter into an
installment purchase or lease purchase agreement for
buildings, land, or facilities under circumstances that do
not satisfy the conditions specified by this Section, it
must issue a notice to the Secretary of the Senate and the
Clerk of the House. The notice shall contain (i) specific
details of the State's proposed purchase, including the
amounts, purposes, and financing terms; (ii) a specific
description of how the proposed purchase varies from the
procedures set forth in this Section; and (iii) a specific
justification, signed by the Director, stating why it is in
the State's best interests to proceed with the purchase.
The Department may not proceed with such an installment
purchase or lease purchase agreement if, within 60 calendar
days after delivery of the notice, the General Assembly, by
joint resolution, disapproves the transaction. Delivery
may take place on a day and at an hour when the Senate and
House are not in session so long as the offices of
Secretary and Clerk are open to receive the notice. In
determining the 60-day period within which the General
Assembly must act, the day on which delivery is made to the
Senate and House shall not be counted. If delivery of the
notice to the 2 houses occurs on different days, the 60-day
period shall begin on the day following the later delivery.
(4) On or before February 15 of each year, the
Department shall submit an annual report to the Director of

HB3538 Enrolled - 45 - LRB100 05680 RJF 15698 b
the Governor's Office of Management and Budget and the
General Assembly regarding installment purchases or lease
purchases of buildings, land, or facilities that were
entered into during the preceding calendar year. The report
shall include a summary statement of the aggregate amount
of the State's obligations under those purchases; specific
details pertaining to each purchase, including the
amounts, purposes, and financing terms and payment
schedule for each purchase; and any other matter that the
Department deems advisable. The report shall also contain
an analysis of all leases that meet both of the following
criteria: (1) the lease contains a purchase option clause;
and (2) the third full year of the lease has been
completed. That analysis shall include, without
limitation, a recommendation of whether it is in the
State's best interest to exercise the purchase option or to
seek to renew the lease without exercising the clause.
The requirement for reporting shall be satisfied by
filing copies of the report with each of the following: (1)
the Auditor General; (2) the Chairs of the Appropriations
Committees; (3) the General Assembly and the Commission on
Government Forecasting and Accountability as required by
Section 3.1 of the General Assembly Organizations Act the
Clerk of the House of Representatives and the Secretary of
the Senate in electronic form only, in the manner that the
Clerk and the Secretary shall direct; (4) the Legislative

HB3538 Enrolled - 46 - LRB100 05680 RJF 15698 b
Research Unit; and (4) (5) the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 99-143, eff. 7-27-15; 100-1109, eff. 1-1-19.)
Section 30. The Personnel Code is amended by changing
Sections 4c and 9 as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court,
Attorney General, and State Board of Elections.
(3) Judges, and officers and employees of the courts,
and notaries public.
(4) All officers and employees of the Illinois General
Assembly, all employees of legislative commissions, all
officers and employees of the Illinois Legislative
Reference Bureau, the Legislative Research Unit, and the
Legislative Printing Unit.
(5) All positions in the Illinois National Guard and

HB3538 Enrolled - 47 - LRB100 05680 RJF 15698 b
Illinois State Guard, paid from federal funds or positions
in the State Military Service filled by enlistment and paid
from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by the
Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical staff
of the Illinois State Museum.
(9) All other employees except the presidents, other
principal administrative officers, and teaching, research
and extension faculties of the universities under the
jurisdiction of the Board of Regents and the colleges and

HB3538 Enrolled - 48 - LRB100 05680 RJF 15698 b
universities under the jurisdiction of the Board of
Governors of State Colleges and Universities, Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, Board of Governors of
State Colleges and Universities, the Board of Regents,
University of Illinois, State Universities Civil Service
System, University Retirement System of Illinois, so long
as these are subject to the provisions of the State
Universities Civil Service Act.
(10) The State Police so long as they are subject to
the merit provisions of the State Police Act.
(11) (Blank).
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety, the Pollution Control Board, and the Illinois
Commerce Commission, and the technical and engineering
staff providing architectural and engineering services in
the Department of Central Management Services.
(13) All employees of the Illinois State Toll Highway
Authority.
(14) The Secretary of the Illinois Workers'
Compensation Commission.
(15) All persons who are appointed or employed by the
Director of Insurance under authority of Section 202 of the
Illinois Insurance Code to assist the Director of Insurance
in discharging his responsibilities relating to the

HB3538 Enrolled - 49 - LRB100 05680 RJF 15698 b
rehabilitation, liquidation, conservation, and dissolution
of companies that are subject to the jurisdiction of the
Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan Area
Airport Authority.
(17) All investment officers employed by the Illinois
State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the Comprehensive Employment and Training Act
of 1973, 29 USC 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young people
to work in State parks for a period of one year or less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley Area
Airport Authority.

HB3538 Enrolled - 50 - LRB100 05680 RJF 15698 b
(24) The commissioners and employees of the Executive
Ethics Commission.
(25) The Executive Inspectors General, including
special Executive Inspectors General, and employees of
each Office of an Executive Inspector General.
(26) The commissioners and employees of the
Legislative Ethics Commission.
(27) The Legislative Inspector General, including
special Legislative Inspectors General, and employees of
the Office of the Legislative Inspector General.
(28) The Auditor General's Inspector General and
employees of the Office of the Auditor General's Inspector
General.
(29) All employees of the Illinois Power Agency.
(30) Employees having demonstrable, defined advanced
skills in accounting, financial reporting, or technical
expertise who are employed within executive branch
agencies and whose duties are directly related to the
submission to the Office of the Comptroller of financial
information for the publication of the Comprehensive
Annual Financial Report (CAFR).
(31) All employees of the Illinois Sentencing Policy
Advisory Council.
(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12;
98-65, eff. 7-15-13.)

HB3538 Enrolled - 51 - LRB100 05680 RJF 15698 b
(20 ILCS 415/9) (from Ch. 127, par. 63b109)
Sec. 9. Director, powers and duties. The Director, as
executive head of the Department, shall direct and supervise
all its administrative and technical activities. In addition to
the duties imposed upon him elsewhere in this law, it shall be
his duty:
(1) To apply and carry out this law and the rules
adopted thereunder.
(2) To attend meetings of the Commission.
(3) To establish and maintain a roster of all employees
subject to this Act, in which there shall be set forth, as
to each employee, the class, title, pay, status, and other
pertinent data.
(4) To appoint, subject to the provisions of this Act,
such employees of the Department and such experts and
special assistants as may be necessary to carry out
effectively this law.
(5) Subject to such exemptions or modifications as may
be necessary to assure the continuity of federal
contributions in those agencies supported in whole or in
part by federal funds, to make appointments to vacancies;
to approve all written charges seeking discharge,
demotion, or other disciplinary measures provided in this
Act and to approve transfers of employees from one
geographical area to another in the State, in offices,
positions or places of employment covered by this Act,

HB3538 Enrolled - 52 - LRB100 05680 RJF 15698 b
after consultation with the operating unit.
(6) To formulate and administer service wide policies
and programs for the improvement of employee
effectiveness, including training, safety, health,
incentive recognition, counseling, welfare and employee
relations. The Department shall formulate and administer
recruitment plans and testing of potential employees for
agencies having direct contact with significant numbers of
non-English speaking or otherwise culturally distinct
persons. The Department shall require each State agency to
annually assess the need for employees with appropriate
bilingual capabilities to serve the significant numbers of
non-English speaking or culturally distinct persons. The
Department shall develop a uniform procedure for assessing
an agency's need for employees with appropriate bilingual
capabilities. Agencies shall establish occupational titles
or designate positions as "bilingual option" for persons
having sufficient linguistic ability or cultural knowledge
to be able to render effective service to such persons. The
Department shall ensure that any such option is exercised
according to the agency's needs assessment and the
requirements of this Code. The Department shall make annual
reports of the needs assessment of each agency and the
number of positions calling for non-English linguistic
ability to whom vacancy postings were sent, and the number
filled by each agency. Such policies and programs shall be

HB3538 Enrolled - 53 - LRB100 05680 RJF 15698 b
subject to approval by the Governor. Such policies, program
reports and needs assessment reports shall be filed with
the General Assembly by January 1 of each year and shall be
available to the public.
The Department shall include within the report
required above the number of persons receiving the
bilingual pay supplement established by Section 8a.2 of
this Code. The report shall provide the number of persons
receiving the bilingual pay supplement for languages other
than English and for signing. The report shall also
indicate the number of persons, by the categories of
Hispanic and non-Hispanic, who are receiving the bilingual
pay supplement for language skills other than signing, in a
language other than English.
(7) To conduct negotiations affecting pay, hours of
work, or other working conditions of employees subject to
this Act.
(8) To make continuing studies to improve the
efficiency of State services to the residents of Illinois,
including but not limited to those who are non-English
speaking or culturally distinct, and to report his findings
and recommendations to the Commission and the Governor.
(9) To investigate from time to time the operation and
effect of this law and the rules made thereunder and to
report his findings and recommendations to the Commission
and to the Governor.

HB3538 Enrolled - 54 - LRB100 05680 RJF 15698 b
(10) To make an annual report regarding the work of the
Department, and such special reports as he may consider
desirable, to the Commission and to the Governor, or as the
Governor or Commission may request.
(11) (Blank).
(12) To prepare and publish a semi-annual statement
showing the number of employees exempt and non-exempt from
merit selection in each department. This report shall be in
addition to other information on merit selection
maintained for public information under existing law.
(13) To authorize in every department or agency subject
to Jurisdiction C the use of flexible hours positions. A
flexible hours position is one that does not require an
ordinary work schedule as determined by the Department and
includes but is not limited to: 1) a part time job of 20
hours or more per week, 2) a job which is shared by 2
employees or a compressed work week consisting of an
ordinary number of working hours performed on fewer than
the number of days ordinarily required to perform that job.
The Department may define flexible time to include other
types of jobs that are defined above.
The Director and the director of each department or
agency shall together establish goals for flexible hours
positions to be available in every department or agency.
The Department shall give technical assistance to
departments and agencies in achieving their goals, and

HB3538 Enrolled - 55 - LRB100 05680 RJF 15698 b
shall report to the Governor and the General Assembly each
year on the progress of each department and agency.
When a goal of 10% of the positions in a department or
agency being available on a flexible hours basis has been
reached, the Department shall evaluate the effectiveness
and efficiency of the program and determine whether to
expand the number of positions available for flexible hours
to 20%.
When a goal of 20% of the positions in a department or
agency being available on a flexible hours basis has been
reached, the Department shall evaluate the effectiveness
and efficiency of the program and determine whether to
expand the number of positions available for flexible
hours.
Each department shall develop a plan for
implementation of flexible work requirements designed to
reduce the need for day care of employees' children outside
the home. Each department shall submit a report of its plan
to the Department of Central Management Services and the
General Assembly. This report shall be submitted
biennially by March 1, with the first report due March 1,
1993.
(14) To perform any other lawful acts which he may
consider necessary or desirable to carry out the purposes
and provisions of this law.
The requirement for reporting to the General Assembly shall

HB3538 Enrolled - 56 - LRB100 05680 RJF 15698 b
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 98-692, eff. 7-1-14.)
Section 35. The Children and Family Services Act is amended
by changing Section 5.15 as follows:
(20 ILCS 505/5.15)
Sec. 5.15. Daycare; Department of Human Services.
(a) For the purpose of ensuring effective statewide
planning, development, and utilization of resources for the day
care of children, operated under various auspices, the
Department of Human Services is designated to coordinate all
day care activities for children of the State and shall develop
or continue, and shall update every year, a State comprehensive
day-care plan for submission to the Governor that identifies
high-priority areas and groups, relating them to available
resources and identifying the most effective approaches to the

HB3538 Enrolled - 57 - LRB100 05680 RJF 15698 b
use of existing day care services. The State comprehensive
day-care plan shall be made available to the General Assembly
following the Governor's approval of the plan.
The plan shall include methods and procedures for the
development of additional day care resources for children to
meet the goal of reducing short-run and long-run dependency and
to provide necessary enrichment and stimulation to the
education of young children. Recommendations shall be made for
State policy on optimum use of private and public, local, State
and federal resources, including an estimate of the resources
needed for the licensing and regulation of day care facilities.
A written report shall be submitted to the Governor and the
General Assembly annually on April 15. The report shall include
an evaluation of developments over the preceding fiscal year,
including cost-benefit analyses of various arrangements.
Beginning with the report in 1990 submitted by the Department's
predecessor agency and every 2 years thereafter, the report
shall also include the following:
(1) An assessment of the child care services, needs and
available resources throughout the State and an assessment
of the adequacy of existing child care services, including,
but not limited to, services assisted under this Act and
under any other program administered by other State
agencies.
(2) A survey of day care facilities to determine the
number of qualified caregivers, as defined by rule,

HB3538 Enrolled - 58 - LRB100 05680 RJF 15698 b
attracted to vacant positions and any problems encountered
by facilities in attracting and retaining capable
caregivers. The report shall include an assessment, based
on the survey, of improvements in employee benefits that
may attract capable caregivers.
(3) The average wages and salaries and fringe benefit
packages paid to caregivers throughout the State, computed
on a regional basis, compared to similarly qualified
employees in other but related fields.
(4) The qualifications of new caregivers hired at
licensed day care facilities during the previous 2-year
period.
(5) Recommendations for increasing caregiver wages and
salaries to ensure quality care for children.
(6) Evaluation of the fee structure and income
eligibility for child care subsidized by the State.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives, the President, the Minority Leader, and the
Secretary of the Senate, and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.

HB3538 Enrolled - 59 - LRB100 05680 RJF 15698 b
(b) The Department of Human Services shall establish
policies and procedures for developing and implementing
interagency agreements with other agencies of the State
providing child care services or reimbursement for such
services. The plans shall be annually reviewed and modified for
the purpose of addressing issues of applicability and service
system barriers.
(c) In cooperation with other State agencies, the
Department of Human Services shall develop and implement, or
shall continue, a resource and referral system for the State of
Illinois either within the Department or by contract with local
or regional agencies. Funding for implementation of this system
may be provided through Department appropriations or other
inter-agency funding arrangements. The resource and referral
system shall provide at least the following services:
(1) Assembling and maintaining a data base on the
supply of child care services.
(2) Providing information and referrals for parents.
(3) Coordinating the development of new child care
resources.
(4) Providing technical assistance and training to
child care service providers.
(5) Recording and analyzing the demand for child care
services.
(d) The Department of Human Services shall conduct day care
planning activities with the following priorities:

HB3538 Enrolled - 60 - LRB100 05680 RJF 15698 b
(1) Development of voluntary day care resources
wherever possible, with the provision for grants-in-aid
only where demonstrated to be useful and necessary as
incentives or supports. By January 1, 2002, the Department
shall design a plan to create more child care slots as well
as goals and timetables to improve quality and
accessibility of child care.
(2) Emphasis on service to children of recipients of
public assistance when such service will allow training or
employment of the parent toward achieving the goal of
independence.
(3) (Blank).
(4) Care of children from families in stress and crises
whose members potentially may become, or are in danger of
becoming, non-productive and dependent.
(5) Expansion of family day care facilities wherever
possible.
(6) Location of centers in economically depressed
neighborhoods, preferably in multi-service centers with
cooperation of other agencies. The Department shall
coordinate the provision of grants, but only to the extent
funds are specifically appropriated for this purpose, to
encourage the creation and expansion of child care centers
in high need communities to be issued by the State,
business, and local governments.
(7) Use of existing facilities free of charge or for

HB3538 Enrolled - 61 - LRB100 05680 RJF 15698 b
reasonable rental whenever possible in lieu of
construction.
(8) Development of strategies for assuring a more
complete range of day care options, including provision of
day care services in homes, in schools, or in centers,
which will enable a parent or parents to complete a course
of education or obtain or maintain employment and the
creation of more child care options for swing shift,
evening, and weekend workers and for working women with
sick children. The Department shall encourage companies to
provide child care in their own offices or in the building
in which the corporation is located so that employees of
all the building's tenants can benefit from the facility.
(9) Development of strategies for subsidizing students
pursuing degrees in the child care field.
(10) Continuation and expansion of service programs
that assist teen parents to continue and complete their
education.
Emphasis shall be given to support services that will help
to ensure such parents' graduation from high school and to
services for participants in any programs of job training
conducted by the Department.
(e) The Department of Human Services shall actively
stimulate the development of public and private resources at
the local level. It shall also seek the fullest utilization of
federal funds directly or indirectly available to the

HB3538 Enrolled - 62 - LRB100 05680 RJF 15698 b
Department.
Where appropriate, existing non-governmental agencies or
associations shall be involved in planning by the Department.
(f) To better accommodate the child care needs of low
income working families, especially those who receive
Temporary Assistance for Needy Families (TANF) or who are
transitioning from TANF to work, or who are at risk of
depending on TANF in the absence of child care, the Department
shall complete a study using outcome-based assessment
measurements to analyze the various types of child care needs,
including but not limited to: child care homes; child care
facilities; before and after school care; and evening and
weekend care. Based upon the findings of the study, the
Department shall develop a plan by April 15, 1998, that
identifies the various types of child care needs within various
geographic locations. The plan shall include, but not be
limited to, the special needs of parents and guardians in need
of non-traditional child care services such as early mornings,
evenings, and weekends; the needs of very low income families
and children and how they might be better served; and
strategies to assist child care providers to meet the needs and
schedules of low income families.
(Source: P.A. 92-468, eff. 8-22-01.)
Section 40. The Administration of Psychotropic Medications
to Children Act is amended by changing Section 15 as follows:

HB3538 Enrolled - 63 - LRB100 05680 RJF 15698 b
(20 ILCS 535/15)
Sec. 15. Annual report.
(a) No later than December 31 of each year, the Department
shall prepare and submit an annual report, covering the
previous fiscal year, to the General Assembly concerning the
administration of psychotropic medication to persons for whom
it is legally responsible. This report shall include, but is
not limited to, the following:
(1) The number of violations of any rule enacted
pursuant to Section 5 of this Act.
(2) The number of warnings issued pursuant to
subsection (b) of Section 10 of this Act.
(3) The number of physicians who have been issued
warnings pursuant to subsection (b) of Section 10 of this
Act.
(4) The number of physicians who have been reported to
the Department of Financial and Professional Regulation
pursuant to subsection (c) of Section 10 of this Act, and,
if available, the results of such reports.
(5) The number of facilities that have been reported to
the Department of Public Health pursuant to subsection (d)
of Section 10 of this Act and, if available, the results of
such reports.
(6) The number of Department-licensed facilities that
have been the subject of licensing complaints pursuant to

HB3538 Enrolled - 64 - LRB100 05680 RJF 15698 b
subsection (f) of Section 10 of this Act, and if available,
the results of the complaint investigations.
(7) Any recommendations for legislative changes or
amendments to any of its rules or procedures established or
maintained in compliance with this Act.
(b) The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader, and the Clerk of the House of
Representatives, the President, the Minority Leader, and the
Secretary of the Senate, and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act and by filing additional copies with the State Government
Report Distribution Center for the General Assembly as required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 97-245, eff. 8-4-11.)
Section 45. The Energy Policy and Planning Act is amended
by changing Section 4 as follows:
(20 ILCS 1120/4) (from Ch. 96 1/2, par. 7804)
Sec. 4. Authority. (1) The Department in addition to its
preparation of energy contingency plans, shall also analyze,
prepare, and recommend a comprehensive energy plan for the
State of Illinois.
The plan shall identify emerging trends related to energy
supply, demand, conservation, public health and safety

HB3538 Enrolled - 65 - LRB100 05680 RJF 15698 b
factors, and should specify the levels of statewide and service
area energy needs, past, present, and estimated future demand,
as well as the potential social, economic, or environmental
effects caused by the continuation of existing trends and by
the various alternatives available to the State. The plan shall
also conform to the requirements of Section 8-402 of the Public
Utilities Act. The Department shall design programs as
necessary to achieve the purposes of this Act and the planning
objectives of The Public Utilities Act. The Department's energy
plan, and any programs designed pursuant to this Section shall
be filed with the Commission in accordance with the
Commission's planning responsibilities and hearing
requirements related thereto. The Department shall
periodically review the plan, objectives and programs at least
every 2 years, and the results of such review and any resulting
changes in the Department's plan or programs shall be filed
with the Commission.
The Department's plan and programs and any review thereof,
shall also be filed with the Governor, the General Assembly,
and the Public Counsel, and shall be available to the public
upon request.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as

HB3538 Enrolled - 66 - LRB100 05680 RJF 15698 b
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-617.)
Section 50. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
73 as follows:
(20 ILCS 1705/73)
Sec. 73. Report; Williams v. Quinn consent decree.
(a) Annual Report.
(1) No later than December 31, 2011, and on December
31st of each of the following 4 years, the Department of
Human Services shall prepare and submit an annual report to
the General Assembly concerning the implementation of the
Williams v. Quinn consent decree and other efforts to move
persons with mental illnesses from institutional settings
to community-based settings. This report shall include:
(A) The number of persons who have been moved from
long-term care facilities to community-based settings
during the previous year and the number of persons
projected to be moved during the next year.

HB3538 Enrolled - 67 - LRB100 05680 RJF 15698 b
(B) Any implementation or compliance reports
prepared by the State for the Court or the
court-appointed monitor in Williams v. Quinn.
(C) Any reports from the court-appointed monitor
or findings by the Court reflecting the Department's
compliance or failure to comply with the Williams v.
Quinn consent decree and any other order issued during
that proceeding.
(D) Statistics reflecting the number and types of
community-based services provided to persons who have
been moved from long-term care facilities to
community-based settings.
(E) Any additional community-based services which
are or will be needed in order to ensure maximum
community integration as provided for by the Williams
v. Quinn consent decree, and the Department's plan for
providing these services.
(F) Any and all costs associated with
transitioning residents from institutional settings to
community-based settings, including, but not limited
to, the cost of residential services, the cost of
outpatient treatment, and the cost of all community
support services facilitating the community-based
setting.
(2) The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the report

HB3538 Enrolled - 68 - LRB100 05680 RJF 15698 b
with the Speaker, Minority Leader, and Clerk of the House
of Representatives; the President, Minority Leader, and
Secretary of the Senate; and the Legislative Research Unit,
as required by Section 3.1 of the General Assembly
Organization Act, and by filing additional copies with the
State Government Report Distribution Center for the
General Assembly as required under paragraph (t) of Section
7 of the State Library Act.
(b) Department rule. The Department of Human Services shall
draft and promulgate a new rule governing community-based
residential settings. The new rule for community-based
residential settings shall include settings that offer to
persons with serious mental illness (i) community-based
residential recovery-oriented mental health care, treatment,
and services; and (ii) community-based residential mental
health and co-occurring substance use disorder care,
treatment, and services.
Community-based residential settings shall honor a
consumer's choice as well as a consumer's right to live in the:
(1) Least restrictive environment.
(2) Most appropriate integrated setting.
(3) Least restrictive environment and most appropriate
integrated setting designed to assist the individual in
living in a safe, appropriate, and therapeutic
environment.
(4) Least restrictive environment and most appropriate

HB3538 Enrolled - 69 - LRB100 05680 RJF 15698 b
integrated setting that affords the person the opportunity
to live similarly to persons without serious mental
illness.
The new rule for community-based residential settings
shall be drafted in such a manner as to delineate
State-supported care, treatment, and services appropriately
governed within the new rule, and shall continue eligibility
for eligible individuals in programs governed by Title 59, Part
132 of the Illinois Administrative Code. The Department shall
draft a new rule for community-based residential settings by
January 1, 2012. The new rule must include, but shall not be
limited to, standards for:
(i) Administrative requirements.
(ii) Monitoring, review, and reporting.
(iii) Certification requirements.
(iv) Life safety.
(c) Study of housing and residential services. By no later
than October 1, 2011, the Department shall conduct a statewide
study to assess the existing types of community-based housing
and residential services currently being provided to
individuals with mental illnesses in Illinois. This study shall
include State-funded and federally funded housing and
residential services. The results of this study shall be used
to inform the rulemaking process outlined in subsection (b).
(Source: P.A. 97-529, eff. 8-23-11; 97-813, eff. 7-13-12.)

HB3538 Enrolled - 70 - LRB100 05680 RJF 15698 b
Section 55. The Rehabilitation of Persons with
Disabilities Act is amended by changing Section 3 as follows:
(20 ILCS 2405/3) (from Ch. 23, par. 3434)
Sec. 3. Powers and duties. The Department shall have the
powers and duties enumerated herein:
(a) To co-operate with the federal government in the
administration of the provisions of the federal
Rehabilitation Act of 1973, as amended, of the Workforce
Innovation and Opportunity Act, and of the federal Social
Security Act to the extent and in the manner provided in
these Acts.
(b) To prescribe and supervise such courses of
vocational training and provide such other services as may
be necessary for the habilitation and rehabilitation of
persons with one or more disabilities, including the
administrative activities under subsection (e) of this
Section, and to co-operate with State and local school
authorities and other recognized agencies engaged in
habilitation, rehabilitation and comprehensive
rehabilitation services; and to cooperate with the
Department of Children and Family Services regarding the
care and education of children with one or more
disabilities.
(c) (Blank).
(d) To report in writing, to the Governor, annually on

HB3538 Enrolled - 71 - LRB100 05680 RJF 15698 b
or before the first day of December, and at such other
times and in such manner and upon such subjects as the
Governor may require. The annual report shall contain (1) a
statement of the existing condition of comprehensive
rehabilitation services, habilitation and rehabilitation
in the State; (2) a statement of suggestions and
recommendations with reference to the development of
comprehensive rehabilitation services, habilitation and
rehabilitation in the State; and (3) an itemized statement
of the amounts of money received from federal, State and
other sources, and of the objects and purposes to which the
respective items of these several amounts have been
devoted.
(e) (Blank).
(f) To establish a program of services to prevent the
unnecessary institutionalization of persons in need of
long term care and who meet the criteria for blindness or
disability as defined by the Social Security Act, thereby
enabling them to remain in their own homes. Such preventive
services include any or all of the following:
(1) personal assistant services;
(2) homemaker services;
(3) home-delivered meals;
(4) adult day care services;
(5) respite care;
(6) home modification or assistive equipment;

HB3538 Enrolled - 72 - LRB100 05680 RJF 15698 b
(7) home health services;
(8) electronic home response;
(9) brain injury behavioral/cognitive services;
(10) brain injury habilitation;
(11) brain injury pre-vocational services; or
(12) brain injury supported employment.
The Department shall establish eligibility standards
for such services taking into consideration the unique
economic and social needs of the population for whom they
are to be provided. Such eligibility standards may be based
on the recipient's ability to pay for services; provided,
however, that any portion of a person's income that is
equal to or less than the "protected income" level shall
not be considered by the Department in determining
eligibility. The "protected income" level shall be
determined by the Department, shall never be less than the
federal poverty standard, and shall be adjusted each year
to reflect changes in the Consumer Price Index For All
Urban Consumers as determined by the United States
Department of Labor. The standards must provide that a
person may not have more than $10,000 in assets to be
eligible for the services, and the Department may increase
or decrease the asset limitation by rule. The Department
may not decrease the asset level below $10,000.
The services shall be provided, as established by the
Department by rule, to eligible persons to prevent

HB3538 Enrolled - 73 - LRB100 05680 RJF 15698 b
unnecessary or premature institutionalization, to the
extent that the cost of the services, together with the
other personal maintenance expenses of the persons, are
reasonably related to the standards established for care in
a group facility appropriate to their condition. These
non-institutional services, pilot projects or experimental
facilities may be provided as part of or in addition to
those authorized by federal law or those funded and
administered by the Illinois Department on Aging. The
Department shall set rates and fees for services in a fair
and equitable manner. Services identical to those offered
by the Department on Aging shall be paid at the same rate.
Except as otherwise provided in this paragraph,
personal assistants shall be paid at a rate negotiated
between the State and an exclusive representative of
personal assistants under a collective bargaining
agreement. In no case shall the Department pay personal
assistants an hourly wage that is less than the federal
minimum wage. Within 30 days after July 6, 2017 (the
effective date of Public Act 100-23), the hourly wage paid
to personal assistants and individual maintenance home
health workers shall be increased by $0.48 per hour.
Solely for the purposes of coverage under the Illinois
Public Labor Relations Act, personal assistants providing
services under the Department's Home Services Program
shall be considered to be public employees and the State of

HB3538 Enrolled - 74 - LRB100 05680 RJF 15698 b
Illinois shall be considered to be their employer as of
July 16, 2003 (the effective date of Public Act 93-204),
but not before. Solely for the purposes of coverage under
the Illinois Public Labor Relations Act, home care and home
health workers who function as personal assistants and
individual maintenance home health workers and who also
provide services under the Department's Home Services
Program shall be considered to be public employees, no
matter whether the State provides such services through
direct fee-for-service arrangements, with the assistance
of a managed care organization or other intermediary, or
otherwise, and the State of Illinois shall be considered to
be the employer of those persons as of January 29, 2013
(the effective date of Public Act 97-1158), but not before
except as otherwise provided under this subsection (f). The
State shall engage in collective bargaining with an
exclusive representative of home care and home health
workers who function as personal assistants and individual
maintenance home health workers working under the Home
Services Program concerning their terms and conditions of
employment that are within the State's control. Nothing in
this paragraph shall be understood to limit the right of
the persons receiving services defined in this Section to
hire and fire home care and home health workers who
function as personal assistants and individual maintenance
home health workers working under the Home Services Program

HB3538 Enrolled - 75 - LRB100 05680 RJF 15698 b
or to supervise them within the limitations set by the Home
Services Program. The State shall not be considered to be
the employer of home care and home health workers who
function as personal assistants and individual maintenance
home health workers working under the Home Services Program
for any purposes not specifically provided in Public Act
93-204 or Public Act 97-1158, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Home
care and home health workers who function as personal
assistants and individual maintenance home health workers
and who also provide services under the Department's Home
Services Program shall not be covered by the State
Employees Group Insurance Act of 1971.
The Department shall execute, relative to nursing home
prescreening, as authorized by Section 4.03 of the Illinois
Act on the Aging, written inter-agency agreements with the
Department on Aging and the Department of Healthcare and
Family Services, to effect the intake procedures and
eligibility criteria for those persons who may need long
term care. On and after July 1, 1996, all nursing home
prescreenings for individuals 18 through 59 years of age
shall be conducted by the Department, or a designee of the
Department.
The Department is authorized to establish a system of
recipient cost-sharing for services provided under this

HB3538 Enrolled - 76 - LRB100 05680 RJF 15698 b
Section. The cost-sharing shall be based upon the
recipient's ability to pay for services, but in no case
shall the recipient's share exceed the actual cost of the
services provided. Protected income shall not be
considered by the Department in its determination of the
recipient's ability to pay a share of the cost of services.
The level of cost-sharing shall be adjusted each year to
reflect changes in the "protected income" level. The
Department shall deduct from the recipient's share of the
cost of services any money expended by the recipient for
disability-related expenses.
To the extent permitted under the federal Social
Security Act, the Department, or the Department's
authorized representative, may recover the amount of
moneys expended for services provided to or in behalf of a
person under this Section by a claim against the person's
estate or against the estate of the person's surviving
spouse, but no recovery may be had until after the death of
the surviving spouse, if any, and then only at such time
when there is no surviving child who is under age 21 or
blind or who has a permanent and total disability. This
paragraph, however, shall not bar recovery, at the death of
the person, of moneys for services provided to the person
or in behalf of the person under this Section to which the
person was not entitled; provided that such recovery shall
not be enforced against any real estate while it is

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occupied as a homestead by the surviving spouse or other
dependent, if no claims by other creditors have been filed
against the estate, or, if such claims have been filed,
they remain dormant for failure of prosecution or failure
of the claimant to compel administration of the estate for
the purpose of payment. This paragraph shall not bar
recovery from the estate of a spouse, under Sections 1915
and 1924 of the Social Security Act and Section 5-4 of the
Illinois Public Aid Code, who precedes a person receiving
services under this Section in death. All moneys for
services paid to or in behalf of the person under this
Section shall be claimed for recovery from the deceased
spouse's estate. "Homestead", as used in this paragraph,
means the dwelling house and contiguous real estate
occupied by a surviving spouse or relative, as defined by
the rules and regulations of the Department of Healthcare
and Family Services, regardless of the value of the
property.
The Department shall submit an annual report on
programs and services provided under this Section. The
report shall be filed with the Governor and the General
Assembly on or before March 30 each year.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and

HB3538 Enrolled - 78 - LRB100 05680 RJF 15698 b
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act, and filing additional copies with the
State Government Report Distribution Center for the
General Assembly as required under paragraph (t) of Section
7 of the State Library Act.
(g) To establish such subdivisions of the Department as
shall be desirable and assign to the various subdivisions
the responsibilities and duties placed upon the Department
by law.
(h) To cooperate and enter into any necessary
agreements with the Department of Employment Security for
the provision of job placement and job referral services to
clients of the Department, including job service
registration of such clients with Illinois Employment
Security offices and making job listings maintained by the
Department of Employment Security available to such
clients.
(i) To possess all powers reasonable and necessary for
the exercise and administration of the powers, duties and
responsibilities of the Department which are provided for
by law.
(j) (Blank).
(k) (Blank).
(l) To establish, operate, and maintain a Statewide
Housing Clearinghouse of information on available

HB3538 Enrolled - 79 - LRB100 05680 RJF 15698 b
government subsidized housing accessible to persons with
disabilities and available privately owned housing
accessible to persons with disabilities. The information
shall include, but not be limited to, the location, rental
requirements, access features and proximity to public
transportation of available housing. The Clearinghouse
shall consist of at least a computerized database for the
storage and retrieval of information and a separate or
shared toll free telephone number for use by those seeking
information from the Clearinghouse. Department offices and
personnel throughout the State shall also assist in the
operation of the Statewide Housing Clearinghouse.
Cooperation with local, State, and federal housing
managers shall be sought and extended in order to
frequently and promptly update the Clearinghouse's
information.
(m) To assure that the names and case records of
persons who received or are receiving services from the
Department, including persons receiving vocational
rehabilitation, home services, or other services, and
those attending one of the Department's schools or other
supervised facility shall be confidential and not be open
to the general public. Those case records and reports or
the information contained in those records and reports
shall be disclosed by the Director only to proper law
enforcement officials, individuals authorized by a court,

HB3538 Enrolled - 80 - LRB100 05680 RJF 15698 b
the General Assembly or any committee or commission of the
General Assembly, and other persons and for reasons as the
Director designates by rule. Disclosure by the Director may
be only in accordance with other applicable law.
(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
8-14-18.)
Section 60. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-205 as follows:
(20 ILCS 2705/2705-205) (was 20 ILCS 2705/49.21)
Sec. 2705-205. Study of demand for transportation. The
Department has the power, in cooperation with State
universities and other research oriented institutions, to
study the extent and nature of the demand for transportation
and to collect and assemble information regarding the most
feasible, technical and socio-economic solutions for meeting
that demand and the costs thereof. The Department has the power
to report to the Governor and the General Assembly, by February
15 of each odd-numbered year, the results of the study and
recommendations based on the study.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of

HB3538 Enrolled - 81 - LRB100 05680 RJF 15698 b
Representatives and the President, the Minority Leader, and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act and by filing additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library
Act.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 65. The Governor's Office of Management and Budget
Act is amended by changing Section 5.1 as follows:
(20 ILCS 3005/5.1) (from Ch. 127, par. 415)
Sec. 5.1. Under such regulations as the Governor may
prescribe, every State agency, other than State colleges and
universities, agencies of legislative and judicial branches of
State government, and elected State executive officers not
including the Governor, shall file with the Commission on
Government Forecasting and Accountability Legislative Research
Unit all applications for federal grants, contracts and
agreements. The Commission on Government Forecasting and
Accountability Legislative Research Unit shall immediately
forward all such materials to the Office for the Office's
approval. Any application for federal funds which has not
received Office approval shall be considered void and any funds
received as a result of such application shall be returned to

HB3538 Enrolled - 82 - LRB100 05680 RJF 15698 b
the federal government before they are spent. Each State agency
subject to this Section shall, at least 45 days before
submitting its application to the federal agency, report in
detail to the Commission on Government Forecasting and
Accountability Legislative Research Unit what the grant is
intended to accomplish and the specific plans for spending the
federal dollars received pursuant to the grant. The Commission
on Government Forecasting and Accountability Legislative
Research Unit shall immediately forward such materials to the
Office. The Office may approve the submission of an application
to the federal agency in less than 45 days after its receipt by
the Office when the Office determines that the circumstances
require an expedited application. Such reports of applications
and plans of expenditure shall include but shall not be limited
to:
(1) an estimate of both the direct and indirect costs
in non-federal revenues of participation in the federal
program;
(2) the probable length of duration of the program, a
schedule of fund receipts and an estimate of the cost to
the State of maintaining the program if and when the
federal financial assistance or grant is terminated;
(3) a list of State or local agencies utilizing the
financial assistance as direct recipients or subgrantees;
(4) a description of each program proposed to be funded
by the financial assistance or grant; and

HB3538 Enrolled - 83 - LRB100 05680 RJF 15698 b
(5) a description of any financial, program or planning
commitment on the part of the State required by the federal
government as a requirement for receipt of the financial
assistance or grant.
All State agencies subject to this Section shall
immediately file with the Commission on Government Forecasting
and Accountability Legislative Research Unit, any awards of
federal funds and any and all changes in the programs, in
awards, in program duration, in schedule of fund receipts, and
in estimated costs to the State of maintaining the program if
and when federal assistance is terminated, or in direct and
indirect costs, of any grant under which they are or expect to
be receiving federal funds. The Commission on Government
Forecasting and Accountability Legislative Research Unit shall
immediately forward such materials to the Office.
The Office in cooperation with the Commission on Government
Forecasting and Accountability Legislative Research Unit shall
develop standard forms and a system of identifying numbers for
the applications and reports required by this Section. Upon
receipt from the State agencies of each application and report,
the Commission on Government Forecasting and Accountability
Legislative Research Unit shall promptly designate the
appropriate identifying number therefor and communicate such
number to the respective State agency, the Comptroller and the
Office.
Each State agency subject to this Section shall include in

HB3538 Enrolled - 84 - LRB100 05680 RJF 15698 b
each report to the Comptroller of the receipt of federal funds
the identifying number applicable to the grant under which such
funds are received.
(Source: P.A. 93-25, eff. 6-20-03; 93-632, eff. 2-1-04.)
Section 70. The Illinois Environmental Facilities
Financing Act is amended by changing Section 7 as follows:
(20 ILCS 3515/7) (from Ch. 127, par. 727)
Sec. 7. Powers. In addition to the powers otherwise
authorized by law, for the purposes of this Act, the State
authority shall have the following powers together with all
powers incidental thereto or necessary for the performance
thereof:
(1) to have perpetual succession as a body politic and
corporate;
(2) to adopt bylaws for the regulation of its affairs
and the conduct of its business;
(3) to sue and be sued and to prosecute and defend
actions in the courts;
(4) to have and to use a corporate seal and to alter
the same at pleasure;
(5) to maintain an office at such place or places as it
may designate;
(6) to determine the location, pursuant to the
Environmental Protection Act, and the manner of

HB3538 Enrolled - 85 - LRB100 05680 RJF 15698 b
construction of any environmental or hazardous waste
treatment facility to be financed under this Act and to
acquire, construct, reconstruct, repair, alter, improve,
extend, own, finance, lease, sell and otherwise dispose of
the facility, to enter into contracts for any and all of
such purposes, to designate a person as its agent to
determine the location and manner of construction of an
environmental or hazardous waste treatment facility
undertaken by such person under the provisions of this Act
and as agent of the authority to acquire, construct,
reconstruct, repair, alter, improve, extend, own, lease,
sell and otherwise dispose of the facility, and to enter
into contracts for any and all of such purposes;
(7) to finance and to lease or sell to a person any or
all of the environmental or hazardous waste treatment
facilities upon such terms and conditions as the directing
body considers proper, and to charge and collect rent or
other payments therefor and to terminate any such lease or
sales agreement or financing agreement upon the failure of
the lessee, purchaser or debtor to comply with any of the
obligations thereof; and to include in any such lease or
other agreement, if desired, provisions that the lessee,
purchaser or debtor thereunder shall have options to renew
the term of the lease, sales or other agreement for such
period or periods and at such rent or other consideration
as shall be determined by the directing body or to purchase

HB3538 Enrolled - 86 - LRB100 05680 RJF 15698 b
any or all of the environmental or hazardous waste
treatment facilities for a nominal amount or otherwise or
that at or prior to the payment of all of the indebtedness
incurred by the authority for the financing of such
environmental or hazardous waste treatment facilities the
authority may convey any or all of the environmental or
hazardous waste treatment facilities to the lessee or
purchaser thereof with or without consideration;
(8) to issue bonds for any of its corporate purposes,
including a bond issuance for the purpose of financing a
group of projects involving environmental facilities, and
to refund those bonds, all as provided for in this Act and
subject to Section 13 of this Act;
(9) generally to fix and revise from time to time and
charge and collect rates, rents, fees and charges for the
use of and services furnished or to be furnished by any
environmental or hazardous waste treatment facility or any
portion thereof and to contract with any person, firm or
corporation or other body public or private in respect
thereof;
(10) to employ consulting engineers, architects,
attorneys, accountants, construction and financial
experts, superintendents, managers and such other
employees and agents as may be necessary in its judgment
and to fix their compensation;
(11) to receive and accept from any public agency loans

HB3538 Enrolled - 87 - LRB100 05680 RJF 15698 b
or grants for or in aid of the construction of any
environmental facility and any portion thereof, or for
equipping the facility, and to receive and accept grants,
gifts or other contributions from any source;
(12) to refund outstanding obligations incurred by any
person to finance the cost of an environmental or hazardous
waste treatment facility including obligations incurred
for environmental or hazardous waste treatment facilities
undertaken and completed prior to or after the enactment of
this Act when the authority finds that such financing is in
the public interest;
(13) to prohibit the financing of environmental
facilities for new coal-fired electric steam generating
plants and new coal-fired industrial boilers which do not
use Illinois coal as the primary source of fuel;
(14) to set and impose appropriate financial penalties
on any person who receives financing from the State
authority based on a commitment to use Illinois coal as the
primary source of fuel at a new coal-fired electric utility
steam generating plant or new coal-fired industrial boiler
and later uses non-Illinois coal as the primary source of
fuel;
(15) to fix, determine, charge and collect any
premiums, fees, charges, costs and expenses, including,
without limitation, any application fees, program fees,
commitment fees, financing charges or publication fees in

HB3538 Enrolled - 88 - LRB100 05680 RJF 15698 b
connection with its activities under this Act; all expenses
of the State authority incurred in carrying out this Act
are payable solely from funds provided under the authority
of this Act and no liability shall be incurred by any
authority beyond the extent to which moneys are provided
under this Act. All fees and moneys accumulated by the
Authority as provided in this Act or the Illinois Finance
Authority Act shall be held outside of the State treasury
and in the custody of the Treasurer of the Authority; and
(16) to do all things necessary and convenient to carry
out the purposes of this Act.
The State authority may not operate any environmental or
hazardous waste treatment facility as a business except for the
purpose of protecting or maintaining such facility as security
for bonds of the State authority. No environmental or hazardous
waste treatment facilities completed prior to January 1, 1970
may be financed by the State authority under this Act, but
additions and improvements to such environmental or hazardous
waste treatment facilities which are commenced subsequent to
January 1, 1970 may be financed by the State authority. Any
lease, sales agreement or other financing agreement in
connection with an environmental or hazardous waste treatment
facility entered into pursuant to this Act must be for a term
not shorter than the longest maturity of any bonds issued to
finance such environmental or hazardous waste treatment
facility or a portion thereof and must provide for rentals or

HB3538 Enrolled - 89 - LRB100 05680 RJF 15698 b
other payments adequate to pay the principal of and interest
and premiums, if any, on such bonds as the same fall due and to
create and maintain such reserves and accounts for
depreciation, if any, as the directing body determines to be
necessary.
The Authority shall give priority to providing financing
for the establishment of hazardous waste treatment facilities
necessary to achieve the goals of Section 22.6 of the
Environmental Protection Act.
The Authority shall give special consideration to small
businesses in authorizing the issuance of bonds for the
financing of environmental facilities pursuant to subsection
(c) of Section 2.
The Authority shall make a financial report on all projects
financed under this Section to the General Assembly, to the
Governor, and to the Commission on Government Forecasting and
Accountability by April 1 of each year. Such report shall be a
public record and open for inspection at the offices of the
Authority during normal business hours. The report shall
include: (a) all applications for loans and other financial
assistance presented to the members of the Authority during
such fiscal year, (b) all projects and owners thereof which
have received any form of financial assistance from the
Authority during such year, (c) the nature and amount of all
such assistance, and (d) projected activities of the Authority
for the next fiscal year, including projection of the total

HB3538 Enrolled - 90 - LRB100 05680 RJF 15698 b
amount of loans and other financial assistance anticipated and
the amount of revenue bonds or other evidences of indebtedness
that will be necessary to provide the projected level of
assistance during the next fiscal year.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 93-205, eff. 1-1-04; 93-1067, eff. 1-15-05.)
Section 75. The Arts Council Act is amended by changing
Section 4 as follows:
(20 ILCS 3915/4) (from Ch. 127, par. 214.14)
Sec. 4. The Council has the power and duty (a) to survey
and assess the needs of the arts, both visual and performing,
throughout the State; (b) to identify existing legislation,
policies and programs which affect the arts and to evaluate
their effectiveness; (c) to stimulate public understanding and

HB3538 Enrolled - 91 - LRB100 05680 RJF 15698 b
recognition of the importance of cultural institutions in
Illinois; (d) to promote an encouraging atmosphere for creative
artists residing in Illinois; (e) to encourage the use of local
resources for the development and support of the arts; and (f)
to report to the Governor and to the General Assembly
biennially, on or about the third Monday in January of each
odd-numbered year, the results of and its recommendations based
upon its investigations.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 80. The Illinois Criminal Justice Information Act
is amended by changing Section 7 as follows:
(20 ILCS 3930/7) (from Ch. 38, par. 210-7)
Sec. 7. Powers and duties. The Authority shall have the

HB3538 Enrolled - 92 - LRB100 05680 RJF 15698 b
following powers, duties, and responsibilities:
(a) To develop and operate comprehensive information
systems for the improvement and coordination of all aspects
of law enforcement, prosecution, and corrections;
(b) To define, develop, evaluate, and correlate State
and local programs and projects associated with the
improvement of law enforcement and the administration of
criminal justice;
(c) To act as a central repository and clearing house
for federal, state, and local research studies, plans,
projects, proposals, and other information relating to all
aspects of criminal justice system improvement and to
encourage educational programs for citizen support of
State and local efforts to make such improvements;
(d) To undertake research studies to aid in
accomplishing its purposes;
(e) To monitor the operation of existing criminal
justice information systems in order to protect the
constitutional rights and privacy of individuals about
whom criminal history record information has been
collected;
(f) To provide an effective administrative forum for
the protection of the rights of individuals concerning
criminal history record information;
(g) To issue regulations, guidelines, and procedures
which ensure the privacy and security of criminal history

HB3538 Enrolled - 93 - LRB100 05680 RJF 15698 b
record information consistent with State and federal laws;
(h) To act as the sole administrative appeal body in
the State of Illinois to conduct hearings and make final
determinations concerning individual challenges to the
completeness and accuracy of criminal history record
information;
(i) To act as the sole, official, criminal justice body
in the State of Illinois to conduct annual and periodic
audits of the procedures, policies, and practices of the
State central repositories for criminal history record
information to verify compliance with federal and state
laws and regulations governing such information;
(j) To advise the Authority's Statistical Analysis
Center;
(k) To apply for, receive, establish priorities for,
allocate, disburse, and spend grants of funds that are made
available by and received on or after January 1, 1983 from
private sources or from the United States pursuant to the
federal Crime Control Act of 1973, as amended, and similar
federal legislation, and to enter into agreements with the
United States government to further the purposes of this
Act, or as may be required as a condition of obtaining
federal funds;
(l) To receive, expend, and account for such funds of
the State of Illinois as may be made available to further
the purposes of this Act;

HB3538 Enrolled - 94 - LRB100 05680 RJF 15698 b
(m) To enter into contracts and to cooperate with units
of general local government or combinations of such units,
State agencies, and criminal justice system agencies of
other states for the purpose of carrying out the duties of
the Authority imposed by this Act or by the federal Crime
Control Act of 1973, as amended;
(n) To enter into contracts and cooperate with units of
general local government outside of Illinois, other
states' agencies, and private organizations outside of
Illinois to provide computer software or design that has
been developed for the Illinois criminal justice system, or
to participate in the cooperative development or design of
new software or systems to be used by the Illinois criminal
justice system.;
(o) To establish general policies concerning criminal
justice information systems and to promulgate such rules,
regulations, and procedures as are necessary to the
operation of the Authority and to the uniform consideration
of appeals and audits;
(p) To advise and to make recommendations to the
Governor and the General Assembly on policies relating to
criminal justice information systems;
(q) To direct all other agencies under the jurisdiction
of the Governor to provide whatever assistance and
information the Authority may lawfully require to carry out
its functions;

HB3538 Enrolled - 95 - LRB100 05680 RJF 15698 b
(r) To exercise any other powers that are reasonable
and necessary to fulfill the responsibilities of the
Authority under this Act and to comply with the
requirements of applicable federal law or regulation;
(s) To exercise the rights, powers, and duties which
have been vested in the Authority by the Illinois Uniform
Conviction Information Act;
(t) (Blank);
(u) To exercise the rights, powers, and duties vested
in the Authority by the Illinois Public Safety Agency
Network Act;
(v) To provide technical assistance in the form of
training to local governmental entities within Illinois
requesting such assistance for the purposes of procuring
grants for gang intervention and gang prevention programs
or other criminal justice programs from the United States
Department of Justice;
(w) To conduct strategic planning and provide
technical assistance to implement comprehensive trauma
recovery services for violent crime victims in underserved
communities with high levels of violent crime, with the
goal of providing a safe, community-based, culturally
competent environment in which to access services
necessary to facilitate recovery from the effects of
chronic and repeat exposure to trauma. Services may
include, but are not limited to, behavioral health

HB3538 Enrolled - 96 - LRB100 05680 RJF 15698 b
treatment, financial recovery, family support and
relocation assistance, and support in navigating the legal
system; and
(x) To coordinate statewide violence prevention
efforts and assist in the implementation of trauma recovery
centers and analyze trauma recovery services. The
Authority shall develop, publish, and facilitate the
implementation of a 4-year statewide violence prevention
plan, which shall incorporate public health, public
safety, victim services, and trauma recovery centers and
services.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives, the President, the Minority Leader, and the
Secretary of the Senate, and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18;
100-575, eff. 1-8-18; 100-621, eff. 7-20-18; revised 9-25-18.)
Section 85. The Guardianship and Advocacy Act is amended by
changing Section 5 as follows:

HB3538 Enrolled - 97 - LRB100 05680 RJF 15698 b
(20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
Sec. 5. (a) The Commission shall establish throughout the
State such regions as it considers appropriate to effectuate
the purposes of the Authority under this Act, taking into
account the requirements of State and federal statutes;
population; civic, health and social service boundaries; and
other pertinent factors.
(b) The Commission shall act through its divisions as
provided in this Act.
(c) The Commission shall establish general policy
guidelines for the operation of the Legal Advocacy Service,
Human Rights Authority and State Guardian in furtherance of
this Act. Any action taken by a regional authority is subject
to the review and approval of the Commission. The Commission,
acting on a request from the Director, may disapprove any
action of a regional authority, in which case the regional
authority shall cease such action.
(d) The Commission shall hire a Director and staff to carry
out the powers and duties of the Commission and its divisions
pursuant to this Act and the rules and regulations promulgated
by the Commission. All staff other than the Director shall be
subject to the Personnel Code.
(e) The Commission shall review and evaluate the operations
of the divisions.
(f) The Commission shall operate subject to the provisions

HB3538 Enrolled - 98 - LRB100 05680 RJF 15698 b
of the Illinois Procurement Code.
(g) The Commission shall prepare its budget.
(h) The Commission shall prepare an annual report on its
operations and submit the report to the Governor and the
General Assembly.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, and filing such
additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(i) The Commission shall establish rules and regulations
for the conduct of the work of its divisions, including rules
and regulations for the Legal Advocacy Service and the State
Guardian in evaluating an eligible person's or ward's financial
resources for the purpose of determining whether the eligible
person or ward has the ability to pay for legal or guardianship
services received. The determination of the eligible person's
financial ability to pay for legal services shall be based upon
the number of dependents in the eligible person's family unit
and the income, liquid assets and necessary expenses, as

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prescribed by rule of the Commission of: (1) the eligible
person; (2) the eligible person's spouse; and (3) the parents
of minor eligible persons. The determination of a ward's
ability to pay for guardianship services shall be based upon
the ward's estate. An eligible person or ward found to have
sufficient financial resources shall be required to pay the
Commission in accordance with standards established by the
Commission. No fees may be charged for legal services given
unless the eligible person is given notice at the start of such
services that such fees might be charged. No fees may be
charged for guardianship services given unless the ward is
given notice of the request for fees filed with the probate
court and the court approves the amount of fees to be assessed.
All fees collected shall be deposited with the State Treasurer
and placed in the Guardianship and Advocacy Fund. The
Commission shall establish rules and regulations regarding the
procedures of appeal for clients prior to termination or
suspension of legal services. Such rules and regulations shall
include, but not be limited to, client notification procedures
prior to the actual termination, the scope of issues subject to
appeal, and procedures specifying when a final administrative
decision is made.
(j) The Commission shall take such actions as it deems
necessary and appropriate to receive private, federal and other
public funds to help support the divisions and to safeguard the
rights of eligible persons. Private funds and property may be

HB3538 Enrolled - 100 - LRB100 05680 RJF 15698 b
accepted, held, maintained, administered and disposed of by the
Commission, as trustee, for such purposes for the benefit of
the People of the State of Illinois pursuant to the terms of
the instrument granting the funds or property to the
Commission.
(k) The Commission may expend funds under the State's plan
to protect and advocate the rights of persons with a
developmental disability established under the federal
Developmental Disabilities Services and Facilities
Construction Act (Public Law 94-103, Title II). If the Governor
designates the Commission to be the organization or agency to
provide the services called for in the State plan, the
Commission shall make these protection and advocacy services
available to persons with a developmental disability by
referral or by contracting for these services to the extent
practicable. If the Commission is unable to so make available
such protection and advocacy services, it shall provide them
through persons in its own employ.
(l) The Commission shall, to the extent funds are
available, monitor issues concerning the rights of eligible
persons and the care and treatment provided to those persons,
including but not limited to the incidence of abuse or neglect
of eligible persons. For purposes of that monitoring the
Commission shall have access to reports of suspected abuse or
neglect and information regarding the disposition of such
reports, subject to the provisions of the Mental Health and

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Developmental Disabilities Confidentiality Act.
(Source: P.A. 96-271, eff. 1-1-10.)
Section 90. The General Assembly Organization Act is
amended by changing Section 3.1 as follows:
(25 ILCS 5/3.1) (from Ch. 63, par. 3.1)
Sec. 3.1. Notwithstanding any provision of law to the
contrary, whenever Whenever any law or resolution requires a
report to the General Assembly, that reporting requirement
shall be satisfied by filing: with the Clerk of the House of
Representatives and the Secretary of the Senate in electronic
form only, in the manner that the Clerk and the Secretary shall
direct; and with the Commission on Government Forecasting and
Accountability, in the manner that the Commission shall direct
one copy of the report with each of the following: the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit. In
addition, the reporting entity must make a copy of the report
available for a reasonable time on its Internet site or on the
Internet site of the public entity that hosts the reporting
entity's World Wide Web page, if any. Additional copies shall
be filed with the State Government Report Distribution Center
for the General Assembly as required under paragraph (t) of
Section 7 of the State Library Act.

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(Source: P.A. 94-565, eff. 1-1-06.)
Section 95. The Reports to Legislative Research Unit Act is
amended by changing Sections 0.01 and 1 as follows:
(25 ILCS 110/0.01) (from Ch. 63, par. 1050)
Sec. 0.01. Short title. This Act may be cited as the
Reports to the Commission on Government Forecasting and
Accountability Legislative Research Unit Act.
(Source: P.A. 86-1324.)
(25 ILCS 110/1) (from Ch. 63, par. 1051)
Sec. 1. Reporting Appointments to the Commission on
Government Forecasting and Accountability Legislative Research
Unit.
(a) As used in this Act, "separate or interagency board or
commission" includes any body in the legislative, executive, or
judicial branch of State government that contains any members
other than those serving in a single State agency, and that is
charged with policy-making or licensing functions or with
making recommendations regarding such functions to any
authority in State government. The term also includes any body,
regardless of its level of government, to which any
constitutional officer in the executive branch of State
government makes an appointment. The term does not include any
body whose members are elected by vote of the electors.

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(b) Within 30 days after the effective date of this Act, or
within 30 days after the creation of any separate or
interagency board or commission, whichever is later, each
appointing authority for that board or commission shall make an
initial report in writing to the Commission on Government
Forecasting and Accountability Legislative Research Unit. Each
initial report shall contain the following information:
(1) The name of the board or commission, and a complete
citation or copy of the statute, order, or other document
creating it.
(2) An address and telephone number, if any, that can be
used to communicate with the board or commission.
(3) For each person appointed by that appointing authority
to the board or commission whose latest term has not expired:
the name, mailing address, residence address, Representative
District of residence, date of appointment, and expected
expiration of latest term. At the request of the appointee, the
report may in lieu of the appointee's residence address list
the municipality, if any, and county in which the appointee
resides. If an appointment requires confirmation, the report
shall state the fact, and the appointing authority shall report
the confirmation as a report of change under subsection (c). If
the statute, order, or other document creating the board or
commission imposes any qualification or background requirement
on some but not all members of the board or commission, the
report shall state which of such requirements each person

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appointed fulfills.
(c) Each appointing authority for a separate or interagency
board or commission, within 15 days after any change in the
information required by subsection (b) to be reported that
concerns an appointee of that authority, shall report the
change in writing to the Commission on Government Forecasting
and Accountability Legislative Research Unit. Any such report
concerning a new appointment shall list the name of the
previous appointee, if any, who the new appointee replaces.
(d) Beginning on the effective date of this amendatory Act
of the 100th General Assembly, all prior powers, duties, and
responsibilities of the Legislative Research Unit under this
Section shall be assumed by the Commission on Government
Forecasting and Accountability.
(Source: P.A. 86-591.)
Section 100. The Legislative Commission Reorganization Act
of 1984 is amended by changing Sections 1-3, 1-4, 1-5, 4-1,
4-2, 4-2.1, 4-3, 4-4, 4-7, 4-9, 10-1, 10-2, 10-3, 10-4, 10-5,
and 10-6 as follows:
(25 ILCS 130/1-3) (from Ch. 63, par. 1001-3)
Sec. 1-3. Legislative support services agencies. The Joint
Committee on Legislative Support Services is responsible for
establishing general policy and coordinating activities among
the legislative support services agencies. The legislative

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support services agencies include the following:
(1) Joint Committee on Administrative Rules;
(2) Commission on Government Forecasting and
Accountability;
(3) Legislative Information System;
(4) Legislative Reference Bureau;
(5) Legislative Audit Commission;
(6) Legislative Printing Unit;
(7) (Blank); and Legislative Research Unit; and
(8) Office of the Architect of the Capitol.
(Source: P.A. 93-632, eff. 2-1-04; 93-1067, eff. 1-15-05.)
(25 ILCS 130/1-4) (from Ch. 63, par. 1001-4)
Sec. 1-4. In addition to its general policy making and
coordinating responsibilities for the legislative support
services agencies, the Joint Committee on Legislative Support
Services shall have the following powers and duties with
respect to such agencies:
(1) To approve the executive director pursuant to Section
1-5(e);
(2) To establish uniform hiring practices and personnel
procedures, including affirmative action, to assure equality
of employment opportunity;
(3) To establish uniform contract procedures, including
affirmative action, to assure equality in the awarding of
contracts, and to maintain a list of all contracts entered

HB3538 Enrolled - 106 - LRB100 05680 RJF 15698 b
into;
(4) To establish uniform travel regulations and approve all
travel outside the State of Illinois;
(5) To coordinate all leases and rental of real property;
(6) Except as otherwise expressly provided by law, to
coordinate and serve as the agency authorized to assign studies
to be performed by any legislative support services agency. Any
study requested by resolution or joint resolution of either
house of the General Assembly shall be subject to the powers of
the Joint Committee to allocate resources available to the
General Assembly hereunder; provided, however, that nothing
herein shall be construed to preclude the participation by
public members in such studies or prohibit their reimbursement
for reasonable and necessary expenses in connection therewith;
(7) To make recommendations to the General Assembly
regarding the continuance of the various committees, boards and
commissions that are the subject of the statutory provisions
repealed March 31, 1985, under Article 11 of this Act;
(8) To assist the Auditor General as necessary to assure
the orderly and efficient termination of the various
committees, boards and commissions that are subject to Article
12 of this Act;
(9) To consider and make recommendations to the General
Assembly regarding further reorganization of the legislative
support services agencies, and other legislative committees,
boards and commissions, as it may from time to time determine

HB3538 Enrolled - 107 - LRB100 05680 RJF 15698 b
to be necessary;
(10) To consider and recommend a comprehensive transition
plan for the legislative support services agencies, including
but not limited to issues such as the consolidation of the
organizational structure, centralization or decentralization
of staff, appropriate level of member participation,
guidelines for policy development, further reductions which
may be necessary, and measures which can be taken to improve
efficiency, and ensure accountability. To assist in such
recommendations the Joint Committee may appoint an Advisory
Group. Recommendations of the Joint Committee shall be reported
to the members of the General Assembly no later than November
13, 1984. The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act;
(11) To contract for the establishment of child care
services pursuant to the State Agency Employees Child Care
Services Act; and
(12) To use funds appropriated from the General Assembly

HB3538 Enrolled - 108 - LRB100 05680 RJF 15698 b
Computer Equipment Revolving Fund for the purchase of computer
equipment for the General Assembly and for related expenses and
for other operational purposes of the General Assembly in
accordance with Section 6 of the Legislative Information System
Act.
(Source: P.A. 91-357, eff. 7-29-99.)
(25 ILCS 130/1-5) (from Ch. 63, par. 1001-5)
Sec. 1-5. Composition of agencies; directors.
(a) The Boards of the Joint Committee on Administrative
Rules, the Commission on Government Forecasting and
Accountability, and the Legislative Audit Committee, and the
Legislative Research Unit shall each consist of 12 members of
the General Assembly, of whom 3 shall be appointed by the
President of the Senate, 3 shall be appointed by the Minority
Leader of the Senate, 3 shall be appointed by the Speaker of
the House of Representatives, and 3 shall be appointed by the
Minority Leader of the House of Representatives. All
appointments shall be in writing and filed with the Secretary
of State as a public record.
Members shall serve a 2-year term, and must be appointed by
the Joint Committee during the month of January in each
odd-numbered year for terms beginning February 1. Any vacancy
in an Agency shall be filled by appointment for the balance of
the term in the same manner as the original appointment. A
vacancy shall exist when a member no longer holds the elected

HB3538 Enrolled - 109 - LRB100 05680 RJF 15698 b
legislative office held at the time of the appointment or at
the termination of the member's legislative service.
During the month of February of each odd-numbered year, the
Joint Committee on Legislative Support Services shall select
from the members of the Board of each Agency 2 co-chairpersons
and such other officers as the Joint Committee deems necessary.
The co-chairpersons of each Board shall serve for a 2-year
term, beginning February 1 of the odd-numbered year, and the 2
co-chairpersons shall not be members of or identified with the
same house or the same political party.
Each Board shall meet twice annually or more often upon the
call of the chair or any 9 members. A quorum of the Board shall
consist of a majority of the appointed members.
(b) The Board of each of the following legislative support
agencies shall consist of the Secretary and Assistant Secretary
of the Senate and the Clerk and Assistant Clerk of the House of
Representatives: the Legislative Information System, the
Legislative Printing Unit, the Legislative Reference Bureau,
and the Office of the Architect of the Capitol. The
co-chairpersons of the Board of the Office of the Architect of
the Capitol shall be the Secretary of the Senate and the Clerk
of the House of Representatives, each ex officio.
The Chairperson of each of the other Boards shall be the
member who is affiliated with the same caucus as the then
serving Chairperson of the Joint Committee on Legislative
Support Services. Each Board shall meet twice annually or more

HB3538 Enrolled - 110 - LRB100 05680 RJF 15698 b
often upon the call of the chair or any 3 members. A quorum of
the Board shall consist of a majority of the appointed members.
When the Board of the Office of the Architect of the
Capitol has cast a tied vote concerning the design,
implementation, or construction of a project within the
legislative complex, as defined in Section 8A-15, the Architect
of the Capitol may cast the tie-breaking vote.
(c) (Blank).
(d) Members of each Agency shall serve without
compensation, but shall be reimbursed for expenses incurred in
carrying out the duties of the Agency pursuant to rules and
regulations adopted by the Joint Committee on Legislative
Support Services.
(e) Beginning February 1, 1985, and every 2 years
thereafter, the Joint Committee shall select an Executive
Director who shall be the chief executive officer and staff
director of each Agency. The Executive Director shall receive a
salary as fixed by the Joint Committee and shall be authorized
to employ and fix the compensation of necessary professional,
technical and secretarial staff and prescribe their duties,
sign contracts, and issue vouchers for the payment of
obligations pursuant to rules and regulations adopted by the
Joint Committee on Legislative Support Services. The Executive
Director and other employees of the Agency shall not be subject
to the Personnel Code.
The executive director of the Office of the Architect of

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the Capitol shall be known as the Architect of the Capitol.
(Source: P.A. 98-692, eff. 7-1-14.)
(25 ILCS 130/4-1) (from Ch. 63, par. 1004-1)
Sec. 4-1. For purposes of the Successor Agency Act and
Section 9b of the State Finance Act, the Legislative Research
Unit is the successor to the Illinois Commission on
Intergovernmental Cooperation. The Legislative Research Unit
succeeds to and assumes all powers, duties, rights,
responsibilities, personnel, assets, liabilities, and
indebtedness of the Illinois Commission on Intergovernmental
Cooperation. Any reference in any law, rule, form, or other
document to the Illinois Commission on Intergovernmental
Cooperation is deemed to be a reference to the Legislative
Research Unit.
For purposes of the Successor Agency Act and Section 9b of
the State Finance Act, on and after the effective date of this
amendatory Act of the 100th General Assembly, the Commission on
Government Forecasting and Accountability is the successor to
the Legislative Research Unit. The Commission on Government
Forecasting and Accountability succeeds to and assumes all
powers, duties, rights, responsibilities, personnel, assets,
liabilities, and indebtedness of the Legislative Research Unit
with respect to the provisions of this Article 4.
(Source: P.A. 93-632, eff. 2-1-04.)

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(25 ILCS 130/4-2) (from Ch. 63, par. 1004-2)
Sec. 4-2. Intergovernmental functions. It shall be the
function of the Commission on Government Forecasting and
Accountability Legislative Research Unit:
(1) To carry forward the participation of this State as
a member of the Council of State Governments.
(2) To encourage and assist the legislative,
executive, administrative and judicial officials and
employees of this State to develop and maintain friendly
contact by correspondence, by conference, and otherwise,
with officials and employees of the other States, of the
Federal Government, and of local units of government.
(3) To endeavor to advance cooperation between this
State and other units of government whenever it seems
advisable to do so by formulating proposals for, and by
facilitating:
(a) The adoption of compacts.
(b) The enactment of uniform or reciprocal
statutes.
(c) The adoption of uniform or reciprocal
administrative rules and regulations.
(d) The informal cooperation of governmental
offices with one another.
(e) The personal cooperation of governmental
officials and employees with one another individually.
(f) The interchange and clearance of research and

HB3538 Enrolled - 113 - LRB100 05680 RJF 15698 b
information.
(g) Any other suitable process, and
(h) To do all such acts as will enable this State
to do its part in forming a more perfect union among
the various governments in the United States and in
developing the Council of State Governments for that
purpose.
(Source: P.A. 93-632, eff. 2-1-04.)
(25 ILCS 130/4-2.1)
Sec. 4-2.1. Federal program functions. The Commission on
Government Forecasting and Accountability Legislative Research
Unit is established as the information center for the General
Assembly in the field of federal-state relations and as State
Central Information Reception Agency for the purpose of
receiving information from federal agencies under the United
States Office of Management and Budget circular A-98 and the
United States Department of the Treasury Circular TC-1082 or
any successor circulars promulgated under authority of the
United States Inter-governmental Cooperation Act of 1968. Its
powers and duties in this capacity include, but are not limited
to:
(a) Compiling and maintaining current information on
available and pending federal aid programs for the use of
the General Assembly and legislative agencies;
(b) Analyzing the relationship of federal aid programs

HB3538 Enrolled - 114 - LRB100 05680 RJF 15698 b
with state and locally financed programs, and assessing the
impact of federal aid programs on the State generally;
(c) Reporting annually to the General Assembly on the
adequacy of programs financed by federal aid in the State,
the types and nature of federal aid programs in which State
agencies or local governments did not participate, and to
make recommendations on such matters;
(d) Cooperating with the Governor's Office of
Management and Budget and with any State of Illinois
offices located in Washington, D.C., in obtaining
information concerning federal grant-in-aid legislation
and proposals having an impact on the State of Illinois;
(e) Cooperating with the Governor's Office of
Management and Budget in developing forms and identifying
number systems for the documentation of applications,
awards, receipts and expenditures of federal funds by State
agencies;
(f) Receiving from every State agency, other than State
colleges and universities, agencies of legislative and
judicial branches of State government, and elected State
executive officers not including the Governor, all
applications for federal grants, contracts and agreements
and notification of any awards of federal funds and any and
all changes in the programs, in awards, in program
duration, in schedule of fund receipts, and in estimated
costs to the State of maintaining the program if and when

HB3538 Enrolled - 115 - LRB100 05680 RJF 15698 b
federal assistance is terminated, or in direct and indirect
costs, of any grant under which they are or expect to be
receiving federal funds;
(g) Forwarding to the Governor's Office of Management
and Budget all documents received under paragraph (f) after
assigning an appropriate, State application identifier
number to all applications; and
(h) Reporting such information as is received under
subparagraph (f) to the President and Minority Leader of
the Senate and the Speaker and Minority Leader of the House
of Representatives and their respective appropriation
staffs and to any member of the General Assembly on a
monthly basis at the request of the member.
The State colleges and universities, the agencies of the
legislative and judicial branches of State government, and the
elected State executive officers, not including the Governor,
shall submit to the Commission on Government Forecasting and
Accountability Legislative Research Unit, in a manner
prescribed by the Commission on Government Forecasting and
Accountability Legislative Research Unit, summaries of
applications for federal funds filed and grants of federal
funds awarded.
(Source: P.A. 93-632, eff. 2-1-04.)
(25 ILCS 130/4-3) (from Ch. 63, par. 1004-3)
Sec. 4-3. The Commission on Government Forecasting and

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Accountability Legislative Research Unit shall establish such
committees as it deems advisable, in order that they may confer
and formulate proposals concerning effective means to secure
intergovernmental harmony, and may perform other functions for
the Commission Unit in obedience to its decision. Subject to
the approval of the Commission Unit, the member or members of
each such committee shall be appointed by the co-chairmen of
the Commission Unit. State officials or employees who are not
members of the Commission Unit may be appointed as members of
any such committee, but private citizens holding no
governmental position in this State shall not be eligible. The
Commission Unit may provide such other rules as it considers
appropriate concerning the membership and the functioning of
any such committee. The Commission Unit may provide for
advisory boards for itself and for its various committees, and
may authorize private citizens to serve on such boards.
(Source: P.A. 93-632, eff. 2-1-04.)
(25 ILCS 130/4-4) (from Ch. 63, par. 1004-4)
Sec. 4-4. The General Assembly finds that the most
efficient and productive use of federal block grant funds can
be achieved through the coordinated efforts of the Legislature,
the Executive, State and local agencies and private citizens.
Such coordination is possible through the creation of an
Advisory Committee on Block Grants empowered to review, analyze
and make recommendations through the Commission on Government

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Forecasting and Accountability Legislative Research Unit to
the General Assembly and the Governor on the use of federally
funded block grants.
The Commission on Government Forecasting and
Accountability Legislative Research Unit shall establish an
Advisory Committee on Block Grants. The primary purpose of the
Advisory Committee shall be the oversight of the distribution
and use of federal block grant funds.
The Advisory Committee shall consist of 4 public members
appointed by the Joint Committee on Legislative Support
Services and the members of the Commission on Government
Forecasting and Accountability Legislative Research Unit. A
chairperson shall be chosen by the members of the Advisory
Committee.
(Source: P.A. 93-632, eff. 2-1-04.)
(25 ILCS 130/4-7) (from Ch. 63, par. 1004-7)
Sec. 4-7. The Commission on Government Forecasting and
Accountability Legislative Research Unit shall report to the
Governor and to the Legislature within 15 days after the
convening of each General Assembly, and at such other time as
it deems appropriate. The members of all committees which it
establishes shall serve without compensation for such service,
but they shall be paid their necessary expenses in carrying out
their obligations under this Act. The Commission Unit may by
contributions to the Council of State Governments, participate

HB3538 Enrolled - 118 - LRB100 05680 RJF 15698 b
with other states in maintaining the said Council's district
and central secretariats, and its other governmental services.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate, and filing such additional copies with
the State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(Source: P.A. 93-632, eff. 2-1-04.)
(25 ILCS 130/4-9) (from Ch. 63, par. 1004-9)
Sec. 4-9. Intergovernmental Cooperation Conference Fund.
(a) There is hereby created the Intergovernmental
Cooperation Conference Fund, hereinafter called the "Fund".
The Fund shall be outside the State treasury, but the State
Treasurer shall act as ex-officio custodian of the Fund.
(b) The Commission on Government Forecasting and
Accountability Legislative Research Unit may charge and
collect fees from participants at conferences held in
connection with the Commission's Unit's exercise of its powers
and duties. The fees shall be charged in an amount calculated
to cover the cost of the conferences and shall be deposited in
the Fund.
(c) Monies in the Fund shall be used to pay the costs of

HB3538 Enrolled - 119 - LRB100 05680 RJF 15698 b
the conferences. As soon as may be practicable after the close
of business on June 30 of each year, the Commission Unit shall
notify the Comptroller of the amount remaining in the Fund
which is not necessary to pay the expenses of conferences held
during the expiring fiscal year. Such amount shall be
transferred by the Comptroller and the Treasurer from the Fund
to the General Revenue Fund. If, during any fiscal year, the
monies in the Fund are insufficient to pay the costs of
conferences held during that fiscal year, the difference shall
be paid from other monies which may be available to the
Commission.
(Source: P.A. 93-632, eff. 2-1-04.)
(25 ILCS 130/10-1) (from Ch. 63, par. 1010-1)
Sec. 10-1. The Legislative Research Unit is hereby
established as a legislative support services agency until the
effective date of this amendatory Act of the 100th General
Assembly. The Legislative Research Unit is subject to the
provisions of this Act, and shall exercise the powers and
duties delegated to it herein and such other functions as may
be provided by law.
For purposes of the Successor Agency Act and Section 9b of
the State Finance Act, on and after the effective date of this
amendatory Act of the 100th General Assembly, the Commission on
Government Forecasting and Accountability is the successor to
the Legislative Research Unit. The Commission on Government

HB3538 Enrolled - 120 - LRB100 05680 RJF 15698 b
Forecasting and Accountability succeeds to and assumes all
powers, duties, rights, responsibilities, personnel, assets,
liabilities, and indebtedness of the Legislative Research Unit
with respect to the provisions of this Article 10.
(Source: P.A. 83-1257.)
(25 ILCS 130/10-2) (from Ch. 63, par. 1010-2)
Sec. 10-2. The Commission on Government Forecasting and
Accountability Legislative Research Unit shall collect
information concerning the government and general welfare of
the State, examine the effects of constitutional provisions and
previously enacted statutes, consider important issues of
public policy and questions of state-wide interest, and perform
research and provide information as may be requested by the
members of the General Assembly or as the Joint Committee on
Legislative Support Services considers necessary or desirable.
The Commission on Government Forecasting and
Accountability Legislative Research Unit shall maintain an
up-to-date computerized record of the information required to
be reported to it by Section 1 of "An Act concerning State
boards and commissions and amending a named Act", enacted by
the 86th General Assembly, which information shall be a public
record under The Freedom of Information Act. The Commission on
Government Forecasting and Accountability Legislative Research
Unit may prescribe forms for making initial reports and reports
of change under that Section, and may request information to

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verify compliance with that Section.
(Source: P.A. 86-591.)
(25 ILCS 130/10-3) (from Ch. 63, par. 1010-3)
Sec. 10-3. The Commission on Government Forecasting and
Accountability Legislative Research Unit may administer a
legislative staff internship program in cooperation with a
university in the State designated by the Commission on
Government Forecasting and Accountability Legislative Research
Unit.
(Source: P.A. 93-632, eff. 2-1-04.)
(25 ILCS 130/10-4) (from Ch. 63, par. 1010-4)
Sec. 10-4. The Commission on Government Forecasting and
Accountability Legislative Research Unit, upon the
recommendation of the sponsoring committee, shall recruit,
select, appoint, fix the stipends of, and assign interns to
appropriate officers and agencies of the General Assembly for
the pursuit of education, study or research. Such persons shall
be appointed for internships not to exceed 12 months.
(Source: P.A. 83-1257.)
(25 ILCS 130/10-5) (from Ch. 63, par. 1010-5)
Sec. 10-5. The Commission on Government Forecasting and
Accountability Legislative Research Unit may accept monetary
gifts or grants from a charitable foundation or from a

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professional association or from other reputable sources for
the operation of a legislative staff internship program. Such
gifts and grants may be held in trust by the Commission on
Government Forecasting and Accountability Legislative Research
Unit and expended for operating the program. Expenses of
operating the program may also be paid out of funds
appropriated to the Commission on Government Forecasting and
Accountability Legislative Research Unit or to the General
Assembly, its officers, committees or agencies.
(Source: P.A. 83-1257.)
(25 ILCS 130/10-6) (from Ch. 63, par. 1010-6)
Sec. 10-6. Each quarter of the calendar year the Commission
on Government Forecasting and Accountability Legislative
Research Unit shall prepare and provide to each member of the
General Assembly abstracts and indexes of reports filed with it
as reports to the General Assembly. With such abstracts and
indexes the Commission on Government Forecasting and
Accountability Legislative Research Unit shall include a
convenient form by which each member of the General Assembly
may request, from the State Government Report Distribution
Center in the State Library, copies of such reports as the
member may wish to receive. For the purpose of receiving
reports filed under this Section the Commission on Government
Forecasting and Accountability Legislative Research Unit shall
succeed to the powers and duties formerly exercised by the

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Legislative Council.
(Source: P.A. 93-632, eff. 2-1-04.)
Section 105. The Legislative Reference Bureau Act is
amended by changing Section 5.02 as follows:
(25 ILCS 135/5.02) (from Ch. 63, par. 29.2)
Sec. 5.02. Legislative Synopsis and Digest.
(a) The Legislative Reference Bureau shall collect,
catalogue, classify, index, completely digest, topically
index, and summarize all bills, resolutions, and orders
introduced in each branch of the General Assembly, as well as
related amendments, conference committee reports, and veto
messages, as soon as practicable after they have been printed
or otherwise published.
(b) The Digest shall be published online each week during
the regular and special sessions of the General Assembly when
practical. Cumulative editions of the Digest shall be published
online and in printed form after the first year, and after
adjournment sine die, of each General Assembly.
(c) The Legislative Reference Bureau shall furnish the
printed cumulative edition of the Digest, without cost, as
follows: 2 copies of the Digest to each member of the General
Assembly, 1 copy to each elected State officer in the executive
department, 40 copies to the Chief Clerk of the House of
Representatives and 30 copies to the Secretary of the Senate

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for the use of the committee clerks and employees of the
respective offices, 15 copies to the Commission on Government
Forecasting and Accountability Legislative Research Unit, and
the number of copies requested in writing by the President of
the Senate, the Speaker of the House, the Minority Leader of
the Senate, and the Minority Leader of the House.
(d) The Legislative Reference Bureau shall also furnish to
each county clerk, without cost, one copy of the printed
cumulative edition of the Digest for each 100,000 inhabitants
or fraction thereof in his or her county according to the last
preceding federal decennial census.
(d-5) Any person to whom a set number of copies of the
printed cumulative edition is to be provided under subsection
(c) or (d) may receive a lesser number of copies upon request.
(e) Upon receipt of an application from any other person,
signed by the applicant and accompanied by the payment of a fee
of $55, the Legislative Reference Bureau shall furnish to the
applicant a copy of the printed cumulative edition of the
Digest for the calendar year issued after receipt of the
application.
(f) For the calendar year beginning January 1, 2018, and
each calendar year thereafter, any person who receives one or
more copies of the printed cumulative edition under subsection
(c), (d), or (e) may, upon request, receive a set of the
printed interim editions for that year. Requests for printed
interim editions must be received before January 1 of the year

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to which the request applies.
(Source: P.A. 100-239, eff. 8-18-17.)
Section 110. The Legislative Information System Act is
amended by changing Sections 5.05, 5.07, and 8 as follows:
(25 ILCS 145/5.05) (from Ch. 63, par. 42.15-5)
Sec. 5.05. To provide such technical services, computer
time, programming and systems, input-output devices and all
necessary, related equipment, supplies and services as are
required for data processing applications by the Legislative
Reference Bureau, the Commission on Government Forecasting and
Accountability Legislative Research Unit, the Clerk of the
House of Representatives and the Secretary of the Senate in
performing their respective duties for the General Assembly.
(Source: P.A. 84-1438.)
(25 ILCS 145/5.07) (from Ch. 63, par. 42.15-7)
Sec. 5.07. To make a biennial report to the General
Assembly, by April 1 of each odd-numbered year, summarizing its
accomplishments in the preceding 2 years and its
recommendations, including any proposed legislation it
considers necessary or desirable to effectuate the purposes of
this Act.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,

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the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 93-632, eff. 2-1-04.)
(25 ILCS 145/8) (from Ch. 63, par. 42.18)
Sec. 8. The System may utilize the services of an advisory
committee for conceptualization, design and implementation of
applications considered or adopted by the System. The advisory
committee shall be comprised of (a) 8 legislative staff
assistants, 2 to be appointed by the Speaker of the House of
Representatives, 2 by the Minority Leader thereof, 2 by the
President of the Senate and 2 by the Minority Leader thereof,
but at least one of the appointments by each legislative leader
must be from the staff of legislative appropriation committees;
(b) one professional staff member from the Legislative
Reference Bureau, appointed by the Executive Director thereof;
and one from the Commission on Government Forecasting and
Accountability Legislative Research Unit, appointed by the
Executive Director thereof; and (c) the Executive Director of
the Legislative Information System, who shall serve as

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temporary chairman of the advisory committee until a permanent
chairman is chosen from among its members. Members of the
advisory committee shall have no vote on the Joint Committee.
(Source: P.A. 93-632, eff. 2-1-04.)
Section 115. The Legislative Audit Commission Act is
amended by changing Section 3 as follows:
(25 ILCS 150/3) (from Ch. 63, par. 106)
Sec. 3. The Commission shall receive the reports of the
Auditor General and other financial statements and shall
determine what remedial measures, if any, are needed, and
whether special studies and investigations are necessary. If
the Commission shall deem such studies and investigations to be
necessary, the Commission may direct the Auditor General to
undertake such studies or investigations.
When a disagreement between the Audit Commission and an
agency under the Governor's jurisdiction arises in the process
of the Audit Commission's review of audit reports relating to
such agency, the Audit Commission shall promptly advise the
Governor of such areas of disagreement. The Governor shall
respond to the Audit Commission within a reasonable period of
time, and in no event later than 60 days, expressing his views
concerning such areas of disagreement and indicating the
corrective action taken by his office with reference thereto
or, if no action is taken, indicating the reasons therefor.

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The Audit Commission also promptly shall advise all other
responsible officials of the Executive, Judicial and
Legislative branches of the State government of areas of
disagreement arising in the process of the Commission's review
of their respective audit reports. With reference to his
particular office, each such responsible official shall
respond to the Audit Commission within a reasonable period of
time, and in no event later than 60 days, expressing his view
concerning such areas of disagreement and indicating the
corrective action taken with reference thereto or stating the
reasons that no action has been taken.
The Commission shall report its activities to the General
Assembly including such remedial measures as it deems to be
necessary. The report of the Commission shall be made to the
General Assembly not less often than annually and not later
than March 1 in each year.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required

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under paragraph (t) of Section 7 of the State Library Act.
In addition, the Commission has the powers and duties
provided for in the "Illinois State Auditing Act", enacted by
the 78th General Assembly, and, if the provisions of that Act
are conflict with those of this Act, that Act prevails.
(Source: P.A. 84-1438.)
Section 120. The Commission on Government Forecasting and
Accountability Act is amended by changing Sections 3 and 4 and
by adding Section 7 as follows:
(25 ILCS 155/3) (from Ch. 63, par. 343)
Sec. 3. The Commission shall:
(1) Study from time to time and report to the General
Assembly on economic development and trends in the State.
(2) Make such special economic and fiscal studies as it
deems appropriate or desirable or as the General Assembly
may request.
(3) Based on its studies, recommend such State fiscal
and economic policies as it deems appropriate or desirable
to improve the functioning of State government and the
economy of the various regions within the State.
(4) Prepare annually a State economic report.
(5) Provide information for all appropriate
legislative organizations and personnel on economic trends
in relation to long range planning and budgeting.

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(6) Study and make such recommendations as it deems
appropriate to the General Assembly on local and regional
economic and fiscal policy and on federal fiscal policy as
it may affect Illinois.
(7) Review capital expenditures, appropriations and
authorizations for both the State's general obligation and
revenue bonding authorities. At the direction of the
Commission, specific reviews may include economic
feasibility reviews of existing or proposed revenue bond
projects to determine the accuracy of the original estimate
of useful life of the projects, maintenance requirements
and ability to meet debt service requirements through their
operating expenses.
(8) Receive and review all executive agency and revenue
bonding authority annual and 3 year plans. The Commission
shall prepare a consolidated review of these plans, an
updated assessment of current State agency capital plans, a
report on the outstanding and unissued bond
authorizations, an evaluation of the State's ability to
market further bond issues and shall submit them as the
"Legislative Capital Plan Analysis" to the House and Senate
Appropriations Committees at least once a year. The
Commission shall annually submit to the General Assembly on
the first Wednesday of April a report on the State's
long-term capital needs, with particular emphasis upon and
detail of the 5-year period in the immediate future.

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(9) Study and make recommendations it deems
appropriate to the General Assembly on State bond
financing, bondability guidelines, and debt management. At
the direction of the Commission, specific studies and
reviews may take into consideration short and long-run
implications of State bonding and debt management policy.
(10) Comply with the provisions of the "State Debt
Impact Note Act" as now or hereafter amended.
(11) Comply with the provisions of the Pension Impact
Note Act, as now or hereafter amended.
(12) By August 1st of each year, the Commission must
prepare and cause to be published a summary report of State
appropriations for the State fiscal year beginning the
previous July 1st. The summary report must discuss major
categories of appropriations, the issues the General
Assembly faced in allocating appropriations, comparisons
with appropriations for previous State fiscal years, and
other matters helpful in providing the citizens of Illinois
with an overall understanding of appropriations for that
fiscal year. The summary report must be written in plain
language and designed for readability. Publication must be
in newspapers of general circulation in the various areas
of the State to ensure distribution statewide. The summary
report must also be published on the General Assembly's web
site.
(13) Comply with the provisions of the State Facilities

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Closure Act.
(14) For fiscal year 2012 and thereafter, develop a
3-year budget forecast for the State, including
opportunities and threats concerning anticipated revenues
and expenditures, with an appropriate level of detail.
(15) Perform the powers, duties, rights, and
responsibilities of the Legislative Research Unit as
transferred to the Commission under Section 7.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 96-958, eff. 7-1-10.)
(25 ILCS 155/4) (from Ch. 63, par. 344)
Sec. 4. (a) The Commission shall publish, at the convening
of each regular session of the General Assembly, a report on
the estimated income of the State from all applicable revenue
sources for the next ensuing fiscal year and of any other funds
estimated to be available for such fiscal year. The Commission,

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in its discretion, may consult with the Governor's Office of
Management and Budget in preparing the report. On the third
Wednesday in March after the session convenes, the Commission
shall issue a revised and updated set of revenue figures
reflecting the latest available information. The House and
Senate by joint resolution shall adopt or modify such estimates
as may be appropriate. The joint resolution shall constitute
the General Assembly's estimate, under paragraph (b) of Section
2 of Article VIII of the Constitution, of the funds estimated
to be available during the next fiscal year.
(b) On the third Wednesday in March, the Commission shall
issue estimated:
(1) pension funding requirements under P.A. 86-273;
and
(2) liabilities of the State employee group health
insurance program.
These estimated costs shall be for the fiscal year
beginning the following July 1.
(c) The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly

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as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 96-958, eff. 7-1-10.)
(25 ILCS 155/7 new)
Sec. 7. Transfer of Legislative Research Unit functions. On
and after the effective date of this amendatory Act of the
100th General Assembly:
(a) All powers, duties, rights, and responsibilities of the
Legislative Research Unit are transferred to the Commission on
Government Forecasting and Accountability. Any reference in
any law, rule, form, or other document to the Legislative
Research Unit is deemed to be a reference to the Commission on
Government Forecasting and Accountability.
(b) All powers, duties, rights, and responsibilities of the
Executive Director of the Legislative Research Unit are
transferred to the Executive Director of the Commission on
Government Forecasting and Accountability. Any reference in
any law, appropriation, rule, form, or other document to the
Executive Director of the Legislative Research Unit is deemed
to be a reference to the Executive Director of the Commission
on Government Forecasting and Accountability for all purposes.
(c) All personnel of the Legislative Research Unit are
transferred to the Commission on Government Forecasting and
Accountability. The status and rights of the transferred
personnel under the Personnel Code, the Illinois Public Labor

HB3538 Enrolled - 135 - LRB100 05680 RJF 15698 b
Relations Act, and applicable collective bargaining agreements
or under any pension, retirement, or annuity plan shall not be
affected by this Section.
(d) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business of the Legislative Research Unit shall be transferred
to the Commission on Government Forecasting and
Accountability.
(e) All unexpended appropriations and balances and other
funds available for use by the Legislative Research Unit shall
be transferred for use by the Commission on Government
Forecasting and Accountability. Unexpended balances so
transferred shall be expended only for the purpose for which
the appropriations were originally made.
(f) The powers, duties, rights, and responsibilities of the
Legislative Research Unit with respect to the personnel
transferred under this Section shall be vested in and shall be
exercised by the Commission on Government Forecasting and
Accountability.
(g) Whenever reports or notices are now required to be made
or given or papers or documents furnished or served by any
person to or upon the Legislative Research Unit, the same shall
be made, given, furnished, or served in the same manner to or
upon the Commission on Government Forecasting and
Accountability.
(h) Any rules of the Legislative Research Unit that are in

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full force on the effective date of this amendatory Act of the
100th General Assembly shall become the rules of the Commission
on Government Forecasting and Accountability. This Section
does not affect the legality of any such rules in the Illinois
Administrative Code.
(i) Any proposed rules filed with the Secretary of State by
the Legislative Research Unit that are pending in the
rulemaking process on the effective date of this amendatory Act
of the 100th General Assembly, and that pertain to the powers,
duties, rights, and responsibilities transferred under this
Section, shall be deemed to have been filed by the Commission
on Government Forecasting and Accountability. As soon as
practicable, the Commission on Government Forecasting and
Accountability shall revise and clarify the rules transferred
to it under this Section using the procedures for
recodification of rules available under the Illinois
Administrative Procedure Act, except that existing title,
part, and section numbering for the affected rules may be
retained. The Commission on Government Forecasting and
Accountability may propose and adopt under the Illinois
Administrative Procedure Act such other rules of the
Legislative Research Unit that will now be administered by the
Commission on Government Forecasting and Accountability.
Section 125. The Illinois State Auditing Act is amended by
changing Section 3-15 as follows:

HB3538 Enrolled - 137 - LRB100 05680 RJF 15698 b
(30 ILCS 5/3-15) (from Ch. 15, par. 303-15)
Sec. 3-15. Reports of Auditor General. By March 1, each
year, the Auditor General shall submit to the Commission, the
General Assembly and the Governor an annual report summarizing
all audits, investigations and special studies made under this
Act during the last preceding calendar year.
Once each 3 months, the Auditor General shall submit to the
Commission a quarterly report concerning the operation of his
office, including relevant fiscal and personnel matters,
details of any contractual services utilized during that
period, a summary of audits and studies still in process and
such other information as the Commission requires.
The Auditor General shall prepare and distribute such other
reports as may be required by the Commission.
All post audits directed by resolution of the House or
Senate shall be reported to the members of the General
Assembly, unless the directing resolution specifies otherwise.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing

HB3538 Enrolled - 138 - LRB100 05680 RJF 15698 b
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 130. The Intergovernmental Drug Laws Enforcement
Act is amended by changing Section 6 as follows:
(30 ILCS 715/6) (from Ch. 56 1/2, par. 1706)
Sec. 6. The Director shall report annually, no later than
February 1, to the Governor and the General Assembly on the
operations of the Metropolitan Enforcement Groups, including a
breakdown of the appropriation for the current fiscal year
indicating the amount of the State grant each MEG received or
will receive.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.

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(Source: P.A. 84-1438.)
Section 135. The State Mandates Act is amended by changing
Sections 4 and 7 as follows:
(30 ILCS 805/4) (from Ch. 85, par. 2204)
Sec. 4. Collection and maintenance of information
concerning state mandates.
(a) The Department of Commerce and Economic Opportunity,
hereafter referred to as the Department, shall be responsible
for:
(1) Collecting and maintaining information on State
mandates, including information required for effective
implementation of the provisions of this Act.
(2) Reviewing local government applications for
reimbursement submitted under this Act in cases in which
the General Assembly has appropriated funds to reimburse
local governments for costs associated with the
implementation of a State mandate. In cases in which there
is no appropriation for reimbursement, upon a request for
determination of a mandate by a unit of local government,
or more than one unit of local government filing a single
request, other than a school district or a community
college district, the Department shall determine whether a
Public Act constitutes a mandate and, if so, the Statewide
cost of implementation.

HB3538 Enrolled - 140 - LRB100 05680 RJF 15698 b
(3) Hearing complaints or suggestions from local
governments and other affected organizations as to
existing or proposed State mandates.
(4) Reporting each year to the Governor and the General
Assembly regarding the administration of provisions of
this Act and changes proposed to this Act.
The Commission on Government Forecasting and
Accountability Legislative Research Unit shall conduct public
hearings as needed to review the information collected and the
recommendations made by the Department under this subsection
(a). The Department shall cooperate fully with the Commission
on Government Forecasting and Accountability Legislative
Research Unit, providing any information, supporting
documentation and other assistance required by the Commission
on Government Forecasting and Accountability Legislative
Research Unit to facilitate the conduct of the hearing.
(b) Within 2 years following the effective date of this
Act, the Department shall collect and tabulate relevant
information as to the nature and scope of each existing State
mandate, including but not necessarily limited to (i) identity
of type of local government and local government agency or
official to whom the mandate is directed; (ii) whether or not
an identifiable local direct cost is necessitated by the
mandate and the estimated annual amount; (iii) extent of State
financial participation, if any, in meeting identifiable
costs; (iv) State agency, if any, charged with supervising the

HB3538 Enrolled - 141 - LRB100 05680 RJF 15698 b
implementation of the mandate; and (v) a brief description of
the mandate and a citation of its origin in statute or
regulation.
(c) The resulting information from subsection (b) shall be
published in a catalog available to members of the General
Assembly, State and local officials, and interested citizens.
As new mandates are enacted they shall be added to the catalog,
and each January 31 the Department shall list each new mandate
enacted at the preceding session of the General Assembly, and
the estimated additional identifiable direct costs, if any
imposed upon local governments. A revised version of the
catalog shall be published every 2 years beginning with the
publication date of the first catalog.
(d) Failure of the General Assembly to appropriate adequate
funds for reimbursement as required by this Act shall not
relieve the Department of Commerce and Economic Opportunity
from its obligations under this Section.
(Source: P.A. 93-632, eff. 2-1-04.)
(30 ILCS 805/7) (from Ch. 85, par. 2207)
Sec. 7. Review of existing mandates.
(a) Beginning with the 2019 catalog and every other year
thereafter, concurrently with, or within 3 months subsequent to
the publication of a catalog of State mandates as prescribed in
subsection (b) of Section 4, the Department shall submit to the
Governor and the General Assembly a review and report on

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mandates enacted in the previous 2 years and remaining in
effect at the time of submittal of the report. The Department
may fulfill its responsibilities for compiling the report by
entering into a contract for service.
Beginning with the 2017 catalog and every 10 years
thereafter, concurrently with, or within 3 months subsequent to
the publication of a catalog of State mandates as prescribed in
subsection (b) of Section 4, the Department shall submit to the
Governor and the General Assembly a review and report on all
effective mandates at the time of submittal of the reports.
(b) The report shall include for each mandate the factual
information specified in subsection (b) of Section 4 for the
catalog. The report may also include the following: (1) extent
to which the enactment of the mandate was requested, supported,
encouraged or opposed by local governments or their respective
organization; (2) whether the mandate continues to meet a
Statewide policy objective or has achieved the initial policy
intent in whole or in part; (3) amendments if any are required
to make the mandate more effective; (4) whether the mandate
should be retained or rescinded; (5) whether State financial
participation in helping meet the identifiable increased local
costs arising from the mandate should be initiated, and if so,
recommended ratios and phasing-in schedules; (6) any other
information or recommendations which the Department considers
pertinent; (7) any comments about the mandate submitted by
affected units of government; and (8) a statewide cost of

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compliance estimate.
(c) The appropriate committee of each house of the General
Assembly shall review the report and shall initiate such
legislation or other action as it deems necessary.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader, the
Secretary of the Senate, the members of the committees required
to review the report under subsection (c) and the Legislative
Research Unit, as required by Section 3.1 of the General
Assembly Organization Act, and filing such additional copies
with the State Government Report Distribution Center for the
General Assembly as is required under paragraph (t) of Section
7 of the State Library Act.
(Source: P.A. 99-789, eff. 8-12-16; 100-201, eff. 8-18-17;
100-242, eff. 1-1-18.)
Section 140. The Property Tax Code is amended by changing
Section 16-190 as follows:
(35 ILCS 200/16-190)
Sec. 16-190. Record of proceedings and orders.
(a) The Property Tax Appeal Board shall keep a record of
its proceedings and orders and the record shall be a public
record. In all cases where the contesting party is seeking a

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change of $100,000 or more in assessed valuation, the
contesting party must provide a court reporter at his or her
own expense. The original certified transcript of such hearing
shall be forwarded to the Springfield office of the Property
Tax Appeal Board and shall become part of the Board's official
record of the proceeding on appeal. Each year the Property Tax
Appeal Board shall publish a volume containing a synopsis of
representative cases decided by the Board during that year. The
publication shall be organized by or cross-referenced by the
issue presented before the Board in each case contained in the
publication. The publication shall be available for inspection
by the public at the Property Tax Appeal Board offices and
copies shall be available for a reasonable cost, except as
provided in Section 16-191.
(b) The Property Tax Appeal Board shall provide annually,
no later than February 1, to the Governor and the General
Assembly a report that contains for each county the following:
(1) the total number of cases for commercial and
industrial property requesting a reduction in assessed
value of $100,000 or more for each of the last 5 years;
(2) the total number of cases for commercial and
industrial property decided by the Property Tax Appeal
Board for each of the last 5 years; and
(3) the total change in assessed value based on the
Property Tax Appeal Board decisions for commercial
property and industrial property for each of the last 5

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years.
(c) The requirement for providing a report to the General
Assembly shall be satisfied by filing copies of the report with
the following:
(1) the Speaker of the House of Representatives;
(2) the Minority Leader of the House of
Representatives;
(3) the Clerk of the House of Representatives;
(4) the President of the Senate;
(5) the Minority Leader of the Senate;
(6) the Secretary of the Senate;
(7) the Commission on Government Forecasting and
Accountability Legislative Research Unit, as required by
Section 3.1 of the General Assembly Organization Act; and
(8) the State Government Report Distribution Center
for the General Assembly, as required by subsection (t) of
Section 7 of the State Library Act.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 145. The Illinois Pension Code is amended by
changing Sections 1A-108, 5-226, 6-220, 21-120, and 22A-109 as
follows:
(40 ILCS 5/1A-108)
Sec. 1A-108. Report to the Governor and General Assembly.
On or before October 1 following the convening of a regular

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session of the General Assembly, the Division shall submit a
report to the Governor and General Assembly setting forth the
latest financial statements on the pension funds operating in
the State of Illinois, a summary of the current provisions
underlying these funds, and a report on any changes that have
occurred in these provisions since the date of the last such
report submitted by the Division.
The report shall also include the results of examinations
made by the Division of any pension fund and any specific
recommendations for legislative and administrative correction
that the Division deems necessary. The report may embody
general recommendations concerning desirable changes in any
existing pension, annuity, or retirement laws designed to
standardize and establish uniformity in their basic provisions
and to bring about an improvement in the financial condition of
the pension funds. The purposes of these recommendations and
the objectives sought shall be clearly expressed in the report.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives, the President, the Minority Leader, and the
Secretary of the Senate, and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing additional copies with the State Government
Report Distribution Center for the General Assembly as required
under paragraph (t) of Section 7 of the State Library Act.

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Upon request, the Division shall distribute additional
copies of the report at no charge to the secretary of each
pension fund established under Article 3 or 4, the treasurer or
fiscal officer of each municipality with an established police
or firefighter pension fund, the executive director of every
other pension fund established under this Code, and to public
libraries, State agencies, and police, firefighter, and
municipal organizations active in the public pension area.
(Source: P.A. 90-507, eff. 8-22-97.)
(40 ILCS 5/5-226) (from Ch. 108 1/2, par. 5-226)
Sec. 5-226. Examination and report by Director of
Insurance. The Director of Insurance biennially shall make a
thorough examination of the fund provided for in this Article.
He or she shall report the results thereof with such
recommendations as he or she deems proper to the Governor for
transmittal to the General Assembly, and send a copy to the
board and to the city council of the city. The city council
shall file such report and recommendations in the official
record of its proceedings.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization

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Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
(40 ILCS 5/6-220) (from Ch. 108 1/2, par. 6-220)
Sec. 6-220. Examination and report by director of
insurance. The Director of Insurance biennially shall make a
thorough examination of the fund provided for in this Article.
He or she shall report the results thereof with such
recommendations as he or she deems proper to the Governor for
transmittal to the General Assembly and send a copy to the
board and to the city council of the city. The city council
shall file such report and recommendations in the official
record of its proceedings.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report

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Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
(40 ILCS 5/21-120) (from Ch. 108 1/2, par. 21-120)
Sec. 21-120. Report. The State Agency shall submit a report
to the General Assembly at the beginning of each Regular
Session, covering the administration and operation of this
Article during the preceding biennium, including such
recommendations for amendments to this Article as it considers
proper.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1028.)
(40 ILCS 5/22A-109) (from Ch. 108 1/2, par. 22A-109)
Sec. 22A-109. Membership of board. The board shall consist

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of the following members:
(1) Five trustees appointed by the Governor with the
advice and consent of the Senate who may not hold an
elective State office.
(2) The Treasurer.
(3) The Comptroller, who shall represent the State
Employees' Retirement System of Illinois.
(4) The Chairperson of the General Assembly Retirement
System.
(5) The Chairperson of the Judges Retirement System of
Illinois.
The appointive members shall serve for terms of 4 years except
that the terms of office of the original appointive members
pursuant to this amendatory Act of the 96th General Assembly
shall be as follows: One member for a term of 1 year; 1 member
for a term of 2 years; 1 member for a term of 3 years; and 2
members for a term of 4 years. Vacancies among the appointive
members shall be filled for unexpired terms by appointment in
like manner as for original appointments, and appointive
members shall continue in office until their successors have
been appointed and have qualified.
Notwithstanding any provision of this Section to the
contrary, the term of office of each trustee of the Board
appointed by the Governor who is sitting on the Board on the
effective date of this amendatory Act of the 96th General
Assembly is terminated on that effective date. A trustee

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sitting on the board on the effective date of this amendatory
Act of the 96th General Assembly may not hold over in office
for more than 60 days after the effective date of this
amendatory Act of the 96th General Assembly. Nothing in this
Section shall prevent the Governor from making a temporary
appointment or nominating a trustee holding office on the day
before the effective date of this amendatory Act of the 96th
General Assembly.
Each person appointed to membership shall qualify by taking
an oath of office before the Secretary of State stating that he
will diligently and honestly administer the affairs of the
board and will not violate or knowingly permit the violation of
any provisions of this Article.
Members of the board shall receive no salary for service on
the board but shall be reimbursed for travel expenses incurred
while on business for the board according to the standards in
effect for members of the Commission on Government Forecasting
and Accountability Illinois Legislative Research Unit.
A majority of the members of the board shall constitute a
quorum. The board shall elect from its membership, biennially,
a Chairman, Vice Chairman and a Recording Secretary. These
officers, together with one other member elected by the board,
shall constitute the executive committee. During the interim
between regular meetings of the board, the executive committee
shall have authority to conduct all business of the board and
shall report such business conducted at the next following

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meeting of the board for ratification.
No member of the board shall have any interest in any
brokerage fee, commission or other profit or gain arising out
of any investment made by the board. This paragraph does not
preclude ownership by any member of any minority interest in
any common stock or any corporate obligation in which
investment is made by the board.
The board shall contract for a blanket fidelity bond in the
penal sum of not less than $1,000,000.00 to cover members of
the board, the director and all other employees of the board
conditioned for the faithful performance of the duties of their
respective offices, the premium on which shall be paid by the
board.
(Source: P.A. 99-708, eff. 7-29-16.)
Section 150. The Midwestern Higher Education Compact Act is
amended by changing Section 2a as follows:
(45 ILCS 155/2a) (from Ch. 144, par. 2803)
Sec. 2a. The Commission on Government Forecasting and
Accountability, Legislative Research Unit in order to ensure
the purposes of this Act as determined by Section 1, shall in
January of 1993 and each January thereafter report to the
Governor and General Assembly. This report shall contain a
program evaluation and recommendations as to the advisability
of the continued participation of Illinois in the Midwestern

HB3538 Enrolled - 153 - LRB100 05680 RJF 15698 b
Higher Education Compact.
(Source: P.A. 93-632, eff. 2-1-04.)
Section 155. The Illinois Fire Protection Training Act is
amended by changing Section 13 as follows:
(50 ILCS 740/13) (from Ch. 85, par. 543)
(Text of Section before amendment by P.A. 100-600)
Sec. 13. Additional powers and duties. In addition to the
other powers and duties given to the Office by this Act, the
Office:
(1) may employ a Director of Personnel Standards and
Education and other necessary clerical and technical
personnel;
(2) may make such reports and recommendations to the
Governor and the General Assembly in regard to fire
protection personnel, standards, education, and related
topics as it deems proper;
(3) shall report to the Governor and the General
Assembly no later than March 1 of each year the affairs and
activities of the Office for the preceding year.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as

HB3538 Enrolled - 154 - LRB100 05680 RJF 15698 b
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
(Text of Section after amendment by P.A. 100-600)
Sec. 13. Additional powers and duties. In addition to the
other powers and duties given to the Office by this Act, the
Office:
(1) may employ a Manager of Personnel Standards and
Education and other necessary clerical and technical
personnel;
(2) may make such reports and recommendations to the
Governor and the General Assembly in regard to fire
protection personnel, standards, education, and related
topics as it deems proper;
(3) shall report to the Governor and the General
Assembly no later than March 1 of each year the affairs and
activities of the Office for the preceding year.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the

HB3538 Enrolled - 155 - LRB100 05680 RJF 15698 b
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-600, eff. 1-1-19.)
Section 160. The Illinois Municipal Code is amended by
changing Section 11-4-5 as follows:
(65 ILCS 5/11-4-5) (from Ch. 24, par. 11-4-5)
Sec. 11-4-5. The books of the house of correction shall be
kept so as to clearly exhibit the state of the prisoners, the
number received and discharged, the number employed as servants
or in cultivating or improving the premises, the number
employed in each branch of industry carried on, and the
receipts from, and expenditures for, and on account of, each
department of business, or for improvement of the premises. A
quarterly statement shall be made out, which shall specify
minutely, all receipts and expenditures, from whom received and
to whom paid, and for what purpose, proper vouchers for each,
to be audited and certified by the inspectors, and submitted to
the comptroller of the city, and by him or her, to the
corporate authorities thereof, for examination and approval.

HB3538 Enrolled - 156 - LRB100 05680 RJF 15698 b
The accounts of the house of correction shall be annually
closed and balanced on the first day of January of each year,
and a full report of the operations of the preceding year shall
be made out and submitted to the corporate authorities of the
city, and to the Governor of the state, to be transmitted by
the Governor to the General Assembly.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 165. The Interstate Airport Authorities Act is
amended by changing Section 2 as follows:
(70 ILCS 10/2) (from Ch. 15 1/2, par. 252)
Sec. 2. (a) Governmental units in each of the party states
are hereby authorized to combine in the creation of an airport
authority for the purpose of jointly supporting and operating

HB3538 Enrolled - 157 - LRB100 05680 RJF 15698 b
an airport terminal and all properties attached thereto. The
number of such governmental units are not limited as to
character or size except that membership shall be composed of
an equal number of members from each party state, designated or
appointed by the legislative body of the participating
governmental unit: Provided, That the federal government may be
represented by a non-voting agent or representative if
authorized by federal law.
(b) The authorized airport authority shall come into being
upon the passage of resolutions or ordinances containing
identical agreement duly and legally enacted by the legislative
bodies of the governmental units to be combined into the
airport authority. If passage is by resolution, it may be joint
or several, however, the resolution, ordinance or enabling
legislation of the combining governmental units shall provide
for the number of members, the residence requirements of the
members, the length of term of the members and shall authorize
the appointment of an additional member to be made by the
governor of each party state. If the member appointed by the
governor shall be selected from the membership or staff of the
Department of Aeronautics or its successor agency or
aeronautics commission of his state, there shall be no
limitation as to place of residence, and the length of tenure
of office shall be at the pleasure of the governor.
(c) The respective members of the airport authority, except
any member representing the federal government, shall each be

HB3538 Enrolled - 158 - LRB100 05680 RJF 15698 b
entitled to one vote. Any action of the membership of the
airport authority shall not be official unless taken at a
meeting in which a majority of the voting members from each
party state are present and unless a majority of those from
each state concur: Provided, That any action not binding for
such reason may be ratified within thirty days by the
concurrence of a majority of the members of each party state.
In the absence of any member, his vote may be cast by another
representative or member of his state if the representative
casting such vote shall have a written proxy in proper form as
may be required by the airport authority.
(d) The airport authority may sue and be sued, and shall
adopt an official seal.
(e) The airport authority shall have the power to appoint
and remove or discharge personnel as may be necessary for the
performance of the airport's functions irrespective of the
civil service, personnel or other merit system laws of either
of the party states.
(f) The airport authority shall elect annually, from its
membership, a chairman, a vice-chairman and a treasurer.
(g) The airport authority may establish and maintain or
participate in programs of employee benefits as may be
appropriate to afford employees of the airport authority terms
and conditions of employment similar to those enjoyed by the
employees of each of the party states.
(h) The airport authority may borrow, accept, or contract

HB3538 Enrolled - 159 - LRB100 05680 RJF 15698 b
for the services of personnel from any state or the United
States or any subdivision or agency thereof, from any
interstate agency, or from any institution, person, firm or
corporation.
(i) The airport authority may accept for any of its
purposes and functions any and all donations and grants of
money, equipment, supplies, materials and services,
conditional or otherwise, from any state, from the United
States, from any subdivision or agency thereof, from any
interstate agency, or from any institution, person, firm or
corporation; and may receive, utilize and dispose of the same.
(j) The airport authority may establish and maintain such
facilities as may be necessary for the transaction of its
business. The airport authority may acquire, hold and convey
real and personal property and any interest therein, and may
enter into such contracts for the improvements upon real estate
appurtenant to the airport, including farming, extracting
minerals, subleasing, subdividing, promoting and developing of
such real estate as shall aid and encourage the development and
service of the airport. The airport authority may engage
contractors to provide airport services, and shall carefully
observe all appropriate federal or state regulations in the
operation of the air facility.
(k) The airport authority may adopt official rules and
regulations for the conduct of its business, and may amend or
rescind the same when necessary.

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(l) The airport authority shall annually make a report to
the governor of each party state concerning the activities of
the airport authority for the preceding year; and shall embody
in such report recommendations as may have been adopted by the
airport authority. The copies of such report shall be submitted
to the legislature or general assembly of each of the party
states at any regular session of such legislative body. The
airport authority may issue such additional reports as may be
deemed necessary.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 170. The Quad Cities Regional Economic Development
Authority Act, approved September 22, 1987 is amended by
changing Section 6 as follows:

HB3538 Enrolled - 161 - LRB100 05680 RJF 15698 b
(70 ILCS 510/6) (from Ch. 85, par. 6206)
Sec. 6. Records and Reports of the Authority. The secretary
shall keep a record of the proceedings of the Authority. The
treasurer of the Authority shall be custodian of all Authority
funds, and shall be bonded in such amount as the other members
of the Authority may designate. The accounts and bonds of the
Authority shall be set up and maintained in a manner approved
by the Auditor General, and the Authority shall file with the
Auditor General a certified annual report within 120 days after
the close of its fiscal year. The Authority shall also file
with the Governor, the Secretary of the Senate, the Clerk of
the House of Representatives, and the Commission on Government
Forecasting and Accountability Legislative Research Unit, by
March 1 of each year, a written report covering its activities
and any activities of any instrumentality corporation
established pursuant to this Act for the previous fiscal year.
In its report to be filed by March 1, 1988, the Authority shall
present an economic development strategy for the Quad Cities
region for the year beginning July 1, 1988 and for the 4 years
next ensuing. In each annual report thereafter, the Authority
shall make modifications in such economic development strategy
for the 4 years beginning on the next ensuing July 1, to
reflect changes in economic conditions or other factors,
including the policies of the Authority and the State of
Illinois. It also shall present an economic development
strategy for the fifth year beginning after the next ensuing

HB3538 Enrolled - 162 - LRB100 05680 RJF 15698 b
July 1. The strategy shall recommend specific legislative and
administrative action by the State, the Authority, units of
local government or other governmental agencies. Such
recommendations may include, but are not limited to, new
programs, modifications to existing programs, credit
enhancements for bonds issued by the Authority, and amendments
to this Act. When filed, such report shall be a public record
and open for inspection at the offices of the Authority during
normal business hours.
(Source: P.A. 93-632, eff. 2-1-04.)
Section 175. The Illinois Urban Development Authority Act
is amended by changing Section 6 as follows:
(70 ILCS 531/6)
Sec. 6. Records and reports of the Authority. The secretary
shall keep a record of the proceedings of the Authority. The
treasurer of the Authority shall be custodian of all Authority
funds, and shall be bonded in such amount as the other members
of the Authority may designate. The accounts and bonds of the
Authority shall be set up and maintained in a manner approved
by the Auditor General, and the Authority shall file with the
Auditor General a certified annual report within 120 days after
the close of its fiscal year. The Authority shall also file
with the Governor, the Secretary of the Senate, the Clerk of
the House of Representatives, and the Commission on Government

HB3538 Enrolled - 163 - LRB100 05680 RJF 15698 b
Forecasting and Accountability Legislative Research Unit, by
March 1 of each year, a written report covering its activities
and any activities of any instrumentality corporation
established under this Act for the previous fiscal year. In its
report to be filed by March 1, 2010, the Authority shall
present an economic development strategy for all
municipalities with a municipal poverty rate greater than 3% in
excess of the statewide average, the Authority shall make
modifications in the economic development strategy for the 4
years beginning on the next ensuing July 1, to reflect changes
in economic conditions or other factors, including the policies
of the Authority and the State of Illinois. It shall also
present an economic development strategy for the fifth year
beginning after the next ensuing July 1. The strategy shall
recommend specific legislative and administrative action by
the State, the Authority, units of local government, or other
governmental agencies. These recommendations may include, but
are not limited to, new programs, modifications to existing
programs, credit enhancements for bonds issued by the
Authority, and amendments to this Act. When filed, the report
shall be a public record and open for inspection at the offices
of the Authority during normal business hours.
(Source: P.A. 96-234, eff. 1-1-10.)
Section 180. The Illinois Medical District Act is amended
by changing Section 2 as follows:

HB3538 Enrolled - 164 - LRB100 05680 RJF 15698 b
(70 ILCS 915/2) (from Ch. 111 1/2, par. 5002)
Sec. 2. Illinois Medical District Commission.
(a) There is hereby created a political subdivision, unit
of local government, body politic and corporate under the
corporate name of Illinois Medical District Commission,
hereinafter called the Commission, whose general purpose in
addition to and not in limitation of those purposes and powers
set forth in other Sections of this Act shall be to:
(1) maintain the proper surroundings for a medical
center and a related technology center in order to attract,
stabilize, and retain therein hospitals, clinics, research
facilities, educational facilities, or other facilities
permitted under this Act;
(2) provide for the orderly creation and expansion of
(i) various county, and local governmental facilities as
permitted under this Act, including, but not limited to,
juvenile detention facilities, (ii) other ancillary or
related facilities which the Commission may from time to
time determine are established and operated for any aspect
of the carrying out of the Commission's purposes as set
forth in this Act, or are established and operated for the
study, diagnosis, and treatment of human ailments and
injuries, whether physical or mental, or to promote
medical, surgical, and scientific research and knowledge
as permitted under this Act, (iii) medical research and

HB3538 Enrolled - 165 - LRB100 05680 RJF 15698 b
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
therefore, and (iv) other facility development to generate
and maintain revenue streams sufficient to fund the
operations of the Commission and for the District, and to
provide for any cash reserves as the Commission shall deem
prudent.
(b) The Commission shall have perpetual succession, power
to contract and be contracted with, to sue and be sued in its
corporate name, but judgment shall not in any case be issued
against any property of the Commission, to have and use a
common seal, and to alter the same at pleasure. All actions
sounding in tort against the Commission shall be prosecuted in
the Court of Claims. The principal office of the Commission
shall be in the city of Chicago, and the Commission may
establish such other offices within the state of Illinois at
such places as to the Commission shall seem advisable. Such
Commission shall consist of 7 members, 4 of whom shall be
appointed by the Governor, 2 by the Mayor of Chicago, and one
by the President of the County Board of Cook County. All
members shall hold office for a term of 5 years and until their
successors are appointed as provided in this Act; provided,
that as soon as possible after the effective date of this
amendatory Act, the Governor shall appoint 4 members for terms
expiring, respectively, on June 30, 1952, 1953, 1954 and 1955.
The terms of all members heretofore appointed by the Governor

HB3538 Enrolled - 166 - LRB100 05680 RJF 15698 b
shall expire upon the commencement of the terms of the members
appointed pursuant to this amendatory Act. Any vacancy in the
membership of the Commission occurring by reason of the death,
resignation, disqualification, removal or inability or refusal
to act of any of the members of the Commission shall be filled
by the person who had appointed the particular member, and for
the unexpired term of office of that particular member. A
vacancy caused by the expiration of the period for which the
member was appointed shall be filled by a new appointment for a
term of 5 years from the date of such expiration of the prior 5
year term notwithstanding when such appointment is actually
made. The Commission shall obtain such personnel as to the
Commission shall seem advisable to carry out the purposes of
this Act and the work of the Commission. The Commission may
appoint a General Attorney and define the duties of that
General Attorney.
The Commission shall hold regular meetings annually for the
election of a president, vice-president, secretary, and
treasurer and for the adoption of a budget. Special meetings
may be called by the President or by any 2 members. Each member
shall take an oath of office for the faithful performance of
his duties. Four members of the Commission shall constitute a
quorum for the transaction of business.
The Commission shall submit, to the General Assembly not
later than March 1 of each odd-numbered year, a detailed report
covering its operations for the 2 preceding calendar years and

HB3538 Enrolled - 167 - LRB100 05680 RJF 15698 b
a statement of its program for the next 2 years.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 97-825, eff. 7-18-12.)
Section 185. The Mid-Illinois Medical District Act is
amended by changing Section 10 as follows:
(70 ILCS 925/10)
Sec. 10. Mid-Illinois Medical District Commission.
(a) There is created a body politic and corporate under the
corporate name of the Mid-Illinois Medical District Commission
whose general purpose, in addition to and not in limitation of
those purposes and powers set forth in this Act, is to:
(1) maintain the proper surroundings for a medical
center and a related technology center in order to attract,
stabilize, and retain within the District hospitals,
clinics, research facilities, educational facilities, or

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other facilities permitted under this Act;
(2) provide for the orderly creation, maintenance,
development, and expansion of (i) health care facilities
and other ancillary or related facilities that the
Commission may from time to time determine are established
and operated (A) for any aspect of the carrying out of the
Commission's purposes as set forth in this Act, (B) for the
study, diagnosis, and treatment of human ailments and
injuries, whether physical or mental, or (C) to promote
medical, surgical, and scientific research and knowledge
as permitted under this Act; and (ii) medical research and
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
for those parks; and
(3) convene dialogue among leaders in the public and
the private sectors on topics and issues associated with
training in the delivery of health care services in the
District's program area.
(b) The Commission has perpetual succession and the power
to contract and be contracted with, to sue and be sued except
in actions sounding in tort, to plead and be impleaded, to have
and use a common seal, and to alter the same at pleasure. All
actions sounding in tort against the Commission shall be
prosecuted in the Court of Claims. The principal office of the
Commission shall be in the City of Springfield.
(c) The Commission shall consist of the following members:

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4 members appointed by the Governor, with the advice and
consent of the Senate; 4 members appointed by the Mayor of
Springfield, with the advice and consent of the Springfield
city council; and one member appointed by the Chairperson of
the County Board of Sangamon County. The initial members of the
Commission appointed by the Governor shall be appointed for
terms ending, respectively on the second, third, fourth, and
fifth anniversaries of their appointments. The initial members
appointed by the Mayor of Springfield shall be appointed 2 each
for terms ending, respectively, on the second and third
anniversaries of their appointments. The initial member
appointed by the Chairperson of the County Board of Sangamon
County shall be appointed for a term ending on the fourth
anniversary of the appointment. Thereafter, all the members
shall be appointed to hold office for a term of 5 years and
until their successors are appointed as provided in this Act.
Within 60 days after the effective date of this amendatory
Act of the 95th General Assembly, the Governor shall appoint 2
additional members to the Commission. One member shall serve
for a term of 4 years and one member shall serve for a term of 5
years. Their successors shall be appointed for 5-year terms.
Those additional members and their successors shall be limited
to residents of the following counties in Illinois: Cass,
Christian, Logan, Macoupin, Mason, Menard, Montgomery, Morgan,
or Scott.
(d) Any vacancy in the membership of the Commission

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occurring by reason of the death, resignation,
disqualification, removal, or inability or refusal to act of
any of the members of the Commission shall be filled by the
authority that had appointed the particular member, and for the
unexpired term of office of that particular member. A vacancy
caused by the expiration of the period for which the member was
appointed shall be filled by a new appointment for a term of 5
years from the date of the expiration of the prior 5-year term
notwithstanding when the appointment is actually made. The
Commission shall obtain, under the provisions of the Personnel
Code, such personnel as to the Commission shall deem advisable
to carry out the purposes of this Act and the work of the
Commission.
(e) The Commission shall hold regular meetings annually for
the election of a President, Vice-President, Secretary, and
Treasurer, for the adoption of a budget, and for such other
business as may properly come before it. The Commission shall
elect as the President a member of the Commission appointed by
the Mayor of Springfield and as the Vice-President a member of
the Commission appointed by the Governor. The Commission shall
establish the duties and responsibilities of its officers by
rule. The President or any 4 members of the Commission may call
special meetings of the Commission. Each Commissioner shall
take an oath of office for the faithful performance of his or
her duties. The Commission may not transact business at a
meeting of the Commission unless there is present at the

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meeting a quorum consisting of at least 6 Commissioners.
Meetings may be held by telephone conference or other
communications equipment by means of which all persons
participating in the meeting can communicate with each other.
(f) The Commission shall submit to the General Assembly,
not later than March 1 of each odd-numbered year, a detailed
report covering its operations for the 2 preceding calendar
years and a statement of its program for the next 2 years.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives and the President, the Minority Leader, and the
Secretary of the Senate and with the Legislative Research Unit,
as required by Section 3.1 of the General Assembly Organization
Act, and by filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(g) The Auditor General shall conduct audits of the
Commission in the same manner as the Auditor General conducts
audits of State agencies under the Illinois State Auditing Act.
(h) Neither the Commission nor the District have any power
to tax.
(i) The Commission is a public body and subject to the Open
Meetings Act and the Freedom of Information Act.
(Source: P.A. 95-693, eff. 11-5-07.)

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Section 190. The Mid-America Medical District Act is
amended by changing Section 10 as follows:
(70 ILCS 930/10)
Sec. 10. Mid-America Medical District Commission.
(a) There is created a body politic and corporate under the
corporate name of the Mid-America Medical District Commission
whose general purpose, in addition to and not in limitation of
those purposes and powers set forth in this Act, is to:
(1) maintain the proper surroundings for a medical
center and a related technology center in order to attract,
stabilize, and retain within the District hospitals,
clinics, research facilities, educational facilities, or
other facilities permitted under this Act;
(2) provide for the orderly creation, maintenance,
development, and expansion of (i) health care facilities
and other ancillary or related facilities that the
Commission may from time to time determine are established
and operated (A) for any aspect of the carrying out of the
Commission's purposes as set forth in this Act, (B) for the
study, diagnosis, and treatment of human ailments and
injuries, whether physical or mental, or (C) to promote
medical, surgical, and scientific research and knowledge
as permitted under this Act; and (ii) medical research and
high technology parks, together with the necessary lands,

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buildings, facilities, equipment, and personal property
for those parks; and
(3) convene dialogue among leaders in the public and
the private sectors on topics and issues associated with
training in the delivery of health care services within the
District's program area.
(b) The Commission has perpetual succession and the power
to contract and be contracted with, to sue and be sued except
in actions sounding in tort, to plead and be impleaded, to have
and use a common seal, and to alter the same at pleasure. All
actions sounding in tort against the Commission shall be
prosecuted in the Court of Claims. The principal office of the
Commission shall be located within the District. The Commission
shall obtain, under the provisions of the Personnel Code, such
personnel as the Commission shall deem advisable to carry out
the purposes of this Act and the work of the Commission.
(c) The Commission shall consist of 15 appointed members
and 3 ex-officio members. Three members shall be appointed by
the Governor. Three members shall be appointed by the Mayor of
East St. Louis, with the consent of the city council. Three
members shall be appointed by the Chairman of the County Board
of St. Clair County. Three members shall be appointed by the
Mayor of the City of Belleville with the advice and consent of
the corporate authorities of the City of Belleville. Three
members shall be appointed by the Mayor of the City of O'Fallon
with the advice and consent of the corporate authorities of the

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City of O'Fallon. All appointed members shall hold office for a
term of 3 years ending on December 31, and until their
successors are appointed; except that of the initial appointed
members, each appointing authority shall designate one
appointee to serve for a term ending December 31, 2007, one
appointee to serve for a term ending December 31, 2008, and one
appointee to serve for a term ending December 31, 2009. Of the
initial members appointed by the Mayor of the City of
Belleville, with the advice and consent of the corporate
authorities of the City of Belleville, the Mayor shall
designate one appointee to serve for a term ending December 31,
2011, one appointee to serve for a term ending December 31,
2012, and one appointee to serve for a term ending December 31,
2013. Of the initial members appointed by the Mayor of the City
of O'Fallon, with the advice and consent of the corporate
authorities of the City of O'Fallon, the Mayor shall designate
one appointee to serve for a term ending December 31, 2011, one
appointee to serve for a term ending December 31, 2012, and one
appointee to serve for a term ending December 31, 2013.
The Director of Commerce and Economic Opportunity or his or
her designee, the Director of Public Health or his or her
designee, and the Secretary of Human Services or his or her
designee shall serve as ex-officio members.
(d) Any vacancy in the appointed membership of the
Commission occurring by reason of the death, resignation,
disqualification, removal, or inability or refusal to act of

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any of the members of the Commission shall be filled by the
authority that had appointed the particular member, and for the
unexpired term of office of that particular member.
(e) The Commission shall hold regular meetings annually for
the election of a President, Vice-President, Secretary, and
Treasurer, for the adoption of a budget, and for such other
business as may properly come before it. The Commission shall
establish the duties and responsibilities of its officers by
rule. The President or any 9 members of the Commission may call
special meetings of the Commission. Each Commissioner shall
take an oath of office for the faithful performance of his or
her duties. The Commission may not transact business at a
meeting of the Commission unless there is present at the
meeting a quorum consisting of at least 7 Commissioners.
Meetings may be held by telephone conference or other
communications equipment by means of which all persons
participating in the meeting can communicate with each other.
(f) The Commission shall submit to the General Assembly,
not later than March 1 of each odd-numbered year, a detailed
report covering its operations for the 2 preceding calendar
years and a statement of its program for the next 2 years.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives and the President, the Minority Leader, and the
Secretary of the Senate and with the Legislative Research Unit,

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as required by Section 3.1 of the General Assembly Organization
Act, and by filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(g) The Auditor General shall conduct audits of the
Commission in the same manner as the Auditor General conducts
audits of State agencies under the Illinois State Auditing Act.
(h) Neither the Commission nor the District have any power
to tax.
(i) The Commission is a public body and subject to the Open
Meetings Act and the Freedom of Information Act.
(Source: P.A. 97-583, eff. 8-26-11.)
Section 195. The Roseland Community Medical District Act is
amended by changing Section 10 as follows:
(70 ILCS 935/10)
Sec. 10. The Roseland Community Medical District
Commission.
(a) There is created a body politic and corporate under the
corporate name of the Roseland Community Medical District
Commission whose general purpose, in addition to and not in
limitation of those purposes and powers set forth in this Act,
is to:
(1) maintain the proper surroundings for a medical

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center and a related technology center in order to attract,
stabilize, and retain within the District hospitals,
clinics, research facilities, educational facilities, or
other facilities permitted under this Act; and
(2) provide for the orderly creation, maintenance,
development, and expansion of (i) health care facilities
and other ancillary or related facilities that the
Commission may from time to time determine are established
and operated (A) for any aspect of the carrying out of the
Commission's purposes as set forth in this Act, (B) for the
study, diagnosis, and treatment of human ailments and
injuries, whether physical or mental, or (C) to promote
medical, surgical, and scientific research and knowledge
as permitted under this Act; and (ii) medical research and
high technology parks, together with the necessary lands,
buildings, facilities, equipment, and personal property
for those parks.
(b) The Commission has perpetual succession and the power
to contract and be contracted with, to sue and be sued except
in tort actions, to plead and be impleaded, to have and use a
common seal, and to alter the same at pleasure. All tort
actions against the Commission shall be prosecuted in the Court
of Claims. The principal office of the Commission shall be
located at the Roseland Community Hospital. The Commission
shall obtain any personnel as the Commission deems advisable to
carry out the purposes of this Act and the work of the

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Commission.
(c) The Commission shall consist of 9 appointed members and
3 ex officio members. Three members shall be appointed by the
Governor. Three members shall be appointed by the Mayor of the
City of Chicago. Three members shall be appointed by the
Chairman of the County Board of Cook County. All appointed
members shall hold office for a term of 3 years ending on
December 31, and until their successors are appointed and have
qualified; except that of the initial appointed members, each
appointing authority shall designate one appointee to serve for
a term ending December 31, 2011, one appointee to serve for a
term ending December 31, 2012, and one appointee to serve for a
term ending December 31, 2013. The Director of Commerce and
Economic Opportunity or his or her designee, the Director of
Public Health or his or her designee, and the Secretary of
Human Services or his or her designee shall serve as ex officio
members.
(d) Any vacancy in the appointed membership of the
Commission occurring by reason of the death, resignation,
disqualification, removal, or inability or refusal to act of
any of the members of the Commission shall be filled by the
authority that appointed the particular member, and for the
unexpired term of office of that particular member.
(e) The Commission shall hold regular meetings annually for
the election of a President, Vice President, Secretary, and
Treasurer, for the adoption of a budget, and for any other

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business as may properly come before it. The Commission shall
establish the duties and responsibilities of its officers by
rule. The President or any 3 members of the Commission may call
special meetings of the Commission. Each commissioner shall
take an oath of office for the faithful performance of his or
her duties. The Commission may not transact business at a
meeting of the Commission unless there is present at the
meeting a quorum consisting of at least 7 commissioners.
Meetings may be held by telephone conference or other
communications equipment by means of which all persons
participating in the meeting can communicate with each other.
(f) The Commission shall submit to the General Assembly,
not later than March 1 of each odd numbered year, a detailed
report covering its operations for the 2 preceding calendar
years and a statement of its program for the next 2 years.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives; the President, the Minority Leader, and the
Secretary of the Senate; the Legislative Research Unit as
required by Section 3.1 of the General Assembly Organization
Act; and the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(g) The Auditor General shall conduct audits of the
Commission in the same manner as the Auditor General conducts

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audits of State agencies under the Illinois State Auditing Act.
(h) Neither the Commission nor the District have any power
to tax.
(i) The Commission is a public body and subject to the Open
Meetings Act and the Freedom of Information Act.
(Source: P.A. 97-259, eff. 8-5-11.)
Section 200. The Metropolitan Water Reclamation District
Act is amended by changing Section 4b as follows:
(70 ILCS 2605/4b) (from Ch. 42, par. 323b)
Sec. 4b. The Governor shall appoint, by and with the advice
and consent of the Senate, a State Sanitary District Observer.
The term of the person first appointed shall expire on the
third Monday in January, 1969. If the Senate is not in session
when the first appointment is made, the Governor shall make a
temporary appointment as in the case of a vacancy. Thereafter
the term of office of the State Sanitary District Observer
shall be for 2 years commencing on the third Monday in January
of 1969 and each odd-numbered year thereafter. Any person
appointed to such office shall hold office for the duration of
his term and until his successor is appointed and qualified.
The State Sanitary District Observer must have a knowledge
of the principles of sanitary engineering. He shall be paid
from the State Treasury an annual salary of $15,000 or as set
by the Compensation Review Board, whichever is greater, and

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shall also be reimbursed for necessary expenses incurred in the
performance of his duties.
The State Sanitary District Observer has the same right as
any Trustee or the Executive Director to attend any meeting in
connection with the business of The Metropolitan Sanitary
District of Greater Chicago. He shall have access to all
records and works of the District. He may conduct inquiries and
investigations into the efficiency and adequacy of the
operations of the District, including the effect of the
operations of the District upon areas of the State outside the
boundaries of the District.
The State Sanitary District Observer shall report to the
Governor, the General Assembly, the Department of Natural
Resources, and the Environmental Protection Agency annually
and more frequently if requested by the Governor.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.

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(Source: P.A. 95-923, eff. 1-1-09.)
Section 205. The School Code is amended by changing
Sections 2-3.39 and 34A-606 as follows:
(105 ILCS 5/2-3.39) (from Ch. 122, par. 2-3.39)
Sec. 2-3.39. Department of Transitional Bilingual
Education. To establish a Department of Transitional Bilingual
Education. In selecting staff for the Department of
Transitional Bilingual Education the State Board of Education
shall give preference to persons who are natives of foreign
countries where languages to be used in transitional bilingual
education programs are the predominant languages. The
Department of Transitional Bilingual Education has the power
and duty to:
(1) Administer and enforce the provisions of Article
14C of this Code including the power to promulgate any
necessary rules and regulations.
(2) Study, review, and evaluate all available
resources and programs that, in whole or in part, are or
could be directed towards meeting the language capability
needs of child English learners and adult English learners
residing in the State.
(3) Gather information about the theory and practice of
bilingual education in this State and elsewhere, and
encourage experimentation and innovation in the field of

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bilingual education.
(4) Provide for the maximum practical involvement of
parents of bilingual children, transitional bilingual
education teachers, representatives of community groups,
educators, and laymen knowledgeable in the field of
bilingual education in the formulation of policy and
procedures relating to the administration of Article 14C of
this Code.
(5) Consult with other public departments and
agencies, including but not limited to the Department of
Community Affairs, the Department of Public Welfare, the
Division of Employment Security, the Commission Against
Discrimination, and the United States Department of
Health, Education, and Welfare in connection with the
administration of Article 14C of this Code.
(6) Make recommendations in the areas of preservice and
in-service training for transitional bilingual education
teachers, curriculum development, testing and testing
mechanisms, and the development of materials for
transitional bilingual education programs.
(7) Undertake any further activities which may assist
in the full implementation of Article 14C of this Code and
to make an annual report to the General Assembly to include
an evaluation of the program, the need for continuing such
a program, and recommendations for improvement.
The requirement for reporting to the General Assembly

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shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and
the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act "An Act to revise the law in relation to
the General Assembly", approved February 25, 1874, as
amended, and filing such additional copies with the State
Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act.
(Source: P.A. 99-30, eff. 7-10-15.)
(105 ILCS 5/34A-606) (from Ch. 122, par. 34A-606)
Sec. 34A-606. Reports.
(a) The Directors, upon taking office and annually
thereafter, shall prepare and submit to the Governor, Mayor,
General Assembly, and City Council a report which shall include
the audited financial statement for the preceding Fiscal Year
of the Board, an approved Financial Plan or a statement of
reasons for the failure to adopt such a Financial Plan, a
statement of the major steps necessary to accomplish the
objectives of the Financial Plan, and a request for any
legislation necessary to achieve the objectives of the
Financial Plan.
(b) Annual reports shall be submitted on or before May 1 of

HB3538 Enrolled - 185 - LRB100 05680 RJF 15698 b
each year.
(c) The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Board, the Governor, the Mayor and also the Speaker, the
Minority Leader and the Clerk of the House of Representatives
and the President, the Minority Leader and the Secretary of the
Senate and the Legislative Research Unit, as required by
Section 3.1 of the General Assembly Organization Act "An Act to
revise the law in relation to the General Assembly", approved
February 25, 1874, as amended, and filing such additional
copies with the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(d) Each annual report required to be submitted through May
1, 1995, shall also include: (i) a description of the
activities of the Authority; (ii) an analysis of the
educational performance of the Board for the preceding school
year; (iii) an Approved System-Wide Educational Reform Goals
and Objectives Plan or a statement of reasons for the failure
to adopt such an Approved System-Wide Educational Reform Goals
and Objectives Plan; (iv) a statement of the major steps
necessary to accomplish the goals of the Approved System-Wide
Educational Reform Goals and Objectives Plan; (v) a commentary
with respect to those Board policies and rules and those
provisions of The School Code and collective bargaining
agreements between the Board and its employees which, in the

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opinion of the Authority, are obstacles and a hindrance to
fulfillment of any Approved System-Wide Educational Reform
Goals and Objectives Plan; and (vi) a request for any
legislative action necessary to achieve the goals of the
Approved System-Wide Educational Reform Goals and Objectives
Plan.
(Source: P.A. 85-1418; 86-1477.)
Section 210. The P-20 Longitudinal Education Data System
Act is amended by changing Section 15 as follows:
(105 ILCS 13/15)
Sec. 15. Establishment of the longitudinal data system and
data warehouse.
(a) The State Education Authorities shall jointly
establish and maintain a longitudinal data system by entering
into one or more agreements that link early learning,
elementary, and secondary school student unit records with
institution of higher learning student unit records. To the
extent authorized by this Section and Section 20 of this Act:
(1) the State Board is responsible for collecting and
maintaining authoritative enrollment, completion, and
student characteristic information on early learning,
public school (kindergarten through grade 12), and
non-public school (kindergarten through grade 12)
students;

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(2) the Community College Board is responsible for
collecting and maintaining authoritative enrollment,
completion, and student characteristic information on
community college students; and
(3) the Board of Higher Education is responsible for
collecting and maintaining authoritative enrollment,
completion, and student characteristic information on
students enrolled in institutions of higher learning,
other than community colleges.
(b) On or before June 30, 2013, subject to the availability
of funding through appropriations made specifically for the
purposes of this Act, the State Education Authorities shall
improve and expand the longitudinal data system to enable the
State Education Authorities to perform or cause to be performed
all of the following activities and functions:
(1) Reduce, to the maximum extent possible, the data
collection burden on school districts and institutions of
higher learning by using data submitted to the system for
multiple reporting and analysis functions.
(2) Provide authorized officials of early learning
programs, schools, school districts, and institutions of
higher learning with access to their own student-level
data, summary reports, and data that can be integrated with
additional data maintained outside of the system to inform
education decision-making.
(3) Link data to instructional management tools that

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support instruction and assist collaboration among
teachers and postsecondary instructors.
(4) Enhance and expand existing high
school-to-postsecondary reporting systems to inform school
and school district officials, education policymakers, and
members of the public about public school students'
performance in postsecondary education.
(5) Provide data reporting, analysis, and planning
tools that assist with financial oversight, human resource
management, and other education support functions.
(6) Improve student access to educational
opportunities by linking data to student college and career
planning portals, facilitating the submission of
electronic transcripts and scholarship and financial aid
applications, and enabling the transfer of student records
to officials of a school or institution of higher learning
where a student enrolls or seeks or intends to enroll.
(7) Establish a public Internet web interface that
provides non-confidential data reports and permits queries
so that parents, the media, and other members of the public
can more easily access information pertaining to
statewide, district, and school performance.
(8) Provide research and reports to the General
Assembly that assist with evaluating the effectiveness of
specific programs and that enable legislators to analyze
educational performance within their legislative

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districts.
(9) Allow the State Education Authorities to
efficiently meet federal and State reporting requirements
by drawing data for required reports from multiple State
systems.
(10) Establish a system to evaluate teacher and
administrator preparation programs using student academic
growth as one component of evaluation.
(11) In accordance with a data sharing agreement
entered into between the State Education Authorities and
the Illinois Student Assistance Commission, establish
procedures and systems to evaluate the relationship
between need-based financial aid and student enrollment
and success in institutions of higher learning.
(12) In accordance with data sharing agreements
entered into between the State Education Authorities and
health and human service agencies, establish procedures
and systems to evaluate the relationship between education
and other student and family support systems.
(13) In accordance with data sharing agreements
entered into between the State Education Authorities and
employment and workforce development agencies, establish
procedures and systems to evaluate the relationship
between education programs and outcomes and employment
fields, employment locations, and employment outcomes.
(c) On or before June 30, 2013, subject to the availability

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of funding through appropriations made specifically for the
purposes of this Act, the State Board shall establish a data
warehouse that integrates data from multiple student unit
record systems and supports all of the uses and functions of
the longitudinal data system set forth in this Act. The data
warehouse must be developed in cooperation with the Community
College Board and the Board of Higher Education and must have
the ability to integrate longitudinal data from early learning
through the postsecondary level in accordance with one or more
data sharing agreements entered into among the State Education
Authorities. The data warehouse, as integrated with the
longitudinal data system, must include, but is not limited to,
all of the following elements:
(1) A unique statewide student identifier that
connects student data across key databases across years.
The unique statewide student identifier must not be derived
from a student's social security number and must be
provided to institutions of higher learning to assist with
linkages between early learning through secondary and
postsecondary data.
(2) Student-level enrollment, demographic, and program
participation information, including information on
participation in dual credit programs.
(3) The ability to match individual students'
elementary and secondary test records from year to year to
measure academic growth.

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(4) Information on untested students in the elementary
and secondary levels, and the reasons they were not tested.
(5) A teacher and administrator identifier system with
the ability to match students to early learning,
elementary, and secondary teachers and elementary and
secondary administrators. Information able to be obtained
only as a result of the linkage of teacher and student data
through the longitudinal data system may not be used by a
school district for decisions involving teacher pay or
teacher benefits unless the district and the exclusive
bargaining representative of the district's teachers, if
any, have agreed to this use. Information able to be
obtained only as a result of the linkage of teacher and
student data through the longitudinal data system may not
be used by a school district as part of an evaluation under
Article 24A of the School Code unless, in good faith
cooperation with the school district's teachers or, where
applicable, the exclusive bargaining representative of the
school district's teachers, the school district has
developed an evaluation plan or substantive change to an
evaluation plan that specifically describes the school
district's rationale for using this information for
evaluations, how this information will be used as part of
the evaluation process, and how this information will
relate to evaluation standards. However, nothing in this
subdivision (5) or elsewhere in this Act limits or

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restricts (i) a district's use of any local or State data
that has been obtained independently from the linkage of
teacher and student data through the longitudinal data
system or (ii) a charter school's use of any local or State
data in connection with teacher pay, benefits, or
evaluations.
(6) Student-level transcript information, including
information on courses completed and grades earned, from
middle and high schools. The State Board shall establish a
statewide course classification system based upon the
federal School Codes for Exchange of Data or a similar
course classification system. Each school district and
charter school shall map its course descriptions to the
statewide course classification system for the purpose of
State reporting. School districts and charter schools are
not required to change or modify the locally adopted course
descriptions used for all other purposes. The State Board
shall establish or contract for the establishment of a
technical support and training system to assist schools and
districts with the implementation of this item (6) and
shall, to the extent possible, collect transcript data
using a system that permits automated reporting from
district student information systems.
(7) Student-level college readiness test scores.
(8) Student-level graduation and dropout data.
(9) The ability to match early learning through

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secondary student unit records with institution of higher
learning student unit record systems.
(10) A State data audit system assessing data quality,
validity, and reliability.
(d) Using data provided to and maintained by the
longitudinal data system, the State Education Authorities may,
in addition to functions and activities specified elsewhere in
this Section, perform and undertake the following:
(1) research for or on behalf of early learning
programs, schools, school districts, or institutions of
higher learning, which may be performed by one or more
State Education Authorities or through agreements with
research organizations meeting all of the requirements of
this Act and privacy protection laws; and
(2) audits or evaluations of federal or
State-supported education programs and activities to
enforce federal or State legal requirements with respect to
those programs. Each State Education Authority may assist
another State Education Authority with audit, evaluation,
or enforcement activities and may disclose education
records with each other for those activities relating to
any early learning through postsecondary program. The
State Education Authorities may disclose student
information to authorized officials of a student's former
early learning program, school, or school district to
assist with the evaluation of federal or State-supported

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education programs.
(e) In establishing, operating, and expanding the
longitudinal data system, the State Education Authorities
shall convene stakeholders and create opportunities for input
and advice in the areas of data ownership, data use, research
priorities, data management, confidentiality, data access, and
reporting from the system. Such stakeholders include, but are
not limited to, public and non-public institutions of higher
learning, school districts, charter schools, non-public
elementary and secondary schools, early learning programs,
teachers, professors, parents, principals and administrators,
school research consortiums, education policy and advocacy
organizations, news media, the Illinois Student Assistance
Commission, the Illinois Education Research Council, the
Department of Commerce and Economic Opportunity, the Illinois
Early Learning Council, and the Commission on Government
Forecasting and Accountability Legislative Research Unit.
(f) Representatives of the State Education Authorities
shall report to and advise the Illinois P-20 Council on the
implementation, operation, and expansion of the longitudinal
data system.
(g) Appropriations made to the State Education Authorities
for the purposes of this Act shall be used exclusively for
expenses for the development and operation of the longitudinal
data system. Authorized expenses of the State Education
Authorities may relate to contracts with outside vendors for

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the development and operation of the system, agreements with
other governmental entities or research organizations for
authorized uses and functions of the system, technical support
and training for entities submitting data to the system, or
regular or contractual employees necessary for the system's
development or operation.
(Source: P.A. 96-107, eff. 7-30-09.)
Section 215. The Board of Higher Education Act is amended
by changing Section 9.04 as follows:
(110 ILCS 205/9.04) (from Ch. 144, par. 189.04)
Sec. 9.04. To submit to the Governor and the General
Assembly a written report covering the activities engaged in
and recommendations made. This report shall be submitted in
accordance with the requirements of Section 3 of the State
Finance Act.
The requirement for reporting to the General Assembly shall
be satisfied by filing electronic or paper copies of the report
with the Speaker, the Minority Leader and the Clerk of the
House of Representatives and the President, the Minority Leader
and the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act, and filing such additional electronic or
paper copies with the State Government Report Distribution
Center for the General Assembly as is required under paragraph

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(t) of Section 7 of the State Library Act.
(Source: P.A. 100-167, eff. 1-1-18.)
Section 220. The Family Practice Residency Act is amended
by changing Section 9 as follows:
(110 ILCS 935/9) (from Ch. 144, par. 1459)
Sec. 9. The Department shall annually report to the General
Assembly and the Governor the results and progress of the
programs established by this Act on or before March 15th.
The annual report to the General Assembly and the Governor
shall include the impact of programs established under this Act
on the ability of designated shortage areas to attract and
retain physicians and other health care personnel. The report
shall include recommendations to improve that ability.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 86-965; 87-430; 87-633; 87-895.)

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Section 225. The Governor's Scholars Board of Sponsors Act
is amended by changing Section 4 as follows:
(110 ILCS 940/4) (from Ch. 127, par. 63b134)
Sec. 4. The Board of Sponsors shall make a detailed report
of its activities and recommendations to the 77th General
Assembly and to the Governor not later than February 1, 1971
and by February 1 of each odd numbered year thereafter and
shall submit recommendations for such legislation as it deems
necessary.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 230. The Podiatric Scholarship and Residency Act is
amended by changing Section 25 as follows:

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(110 ILCS 978/25)
Sec. 25. Annual reports. The Department shall annually
report to the General Assembly and the Governor the results and
progress of the programs established by this Act on or before
March 15th.
The Department shall, no later than July 1, 1994, report to
the General Assembly and the Governor concerning the impact of
programs established under this Act on the ability of
designated shortage areas to attract and retain podiatric
physicians and other health care personnel. The report shall
include recommendations to improve that ability.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing additional copies with the State Government
Report Distribution Center for the General Assembly that are
required under paragraph (t) of Section 7 of the State Library
Act.
(Source: P.A. 87-1195.)
Section 235. The Coal Mining Act is amended by changing
Section 4.18 as follows:

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(225 ILCS 705/4.18) (from Ch. 96 1/2, par. 418)
Sec. 4.18. On the receipt of each State Mine Inspector's
report the Mining Board shall compile and summarize the data to
be included in the report of the Mining Board, known as the
Annual Coal Report, which shall within four months thereafter,
be printed, bound, and transmitted to the Governor and General
Assembly for the information of the public. The printing and
binding of the Annual Coal Reports shall be provided for by the
Department of Central Management Services in like manner and
numbers, as it provides for the publication of other official
reports.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 240. The Illinois Public Aid Code is amended by

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changing Sections 5-5, 5-5.8, and 12-5 as follows:
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice
dentistry or dental surgery; for purposes of this item (10),
"dental services" means diagnostic, preventive, or corrective
procedures provided by or under the supervision of a dentist in
the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician
skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,

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screening, preventive, and rehabilitative services, including
to ensure that the individual's need for intervention or
treatment of mental disorders or substance use disorders or
co-occurring mental health and substance use disorders is
determined using a uniform screening, assessment, and
evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the
laws of this State. The term "any other type of remedial care"
shall include nursing care and nursing home service for persons
who rely on treatment by spiritual means alone through prayer
for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes

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purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code,
reproductive health care that is otherwise legal in Illinois
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance under
this Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
Upon receipt of federal approval of an amendment to the
Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a
vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure
that its vendor or vendors are enrolled as providers in the
medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured under

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this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
On and after July 1, 2012, the Department of Healthcare and
Family Services may provide the following services to persons
eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in the
diseases of the eye, or by an optometrist, whichever the
person may select.
On and after July 1, 2018, the Department of Healthcare and
Family Services shall provide dental services to any adult who
is otherwise eligible for assistance under the medical
assistance program. As used in this paragraph, "dental
services" means diagnostic, preventative, restorative, or
corrective procedures, including procedures and services for

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the prevention and treatment of periodontal disease and dental
caries disease, provided by an individual who is licensed to
practice dentistry or dental surgery or who is under the
supervision of a dentist in the practice of his or her
profession.
On and after July 1, 2018, targeted dental services, as set
forth in Exhibit D of the Consent Decree entered by the United
States District Court for the Northern District of Illinois,
Eastern Division, in the matter of Memisovski v. Maram, Case
No. 92 C 1982, that are provided to adults under the medical
assistance program shall be established at no less than the
rates set forth in the "New Rate" column in Exhibit D of the
Consent Decree for targeted dental services that are provided
to persons under the age of 18 under the medical assistance
program.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical assistance
program. A not-for-profit health clinic shall include a public
health clinic or Federally Qualified Health Center or other
enrolled provider, as determined by the Department, through
which dental services covered under this Section are performed.
The Department shall establish a process for payment of claims

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for reimbursement for covered dental services rendered under
this provision.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in accordance
with the classes of persons designated in Section 5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.
(B) An annual mammogram for women 40 years of age or
older.
(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.

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(D) A comprehensive ultrasound screening and MRI of an
entire breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
(E) A screening MRI when medically necessary, as
determined by a physician licensed to practice medicine in
all of its branches.
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool. For purposes of this Section, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography and includes breast
tomosynthesis. As used in this Section, the term "breast
tomosynthesis" means a radiologic procedure that involves the
acquisition of projection images over the stationary breast to
produce cross-sectional digital three-dimensional images of
the breast. If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in the
Federal Register or publishes a comment in the Federal Register

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or issues an opinion, guidance, or other action that would
require the State, pursuant to any provision of the Patient
Protection and Affordable Care Act (Public Law 111-148),
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
successor provision, to defray the cost of any coverage for
breast tomosynthesis outlined in this paragraph, then the
requirement that an insurer cover breast tomosynthesis is
inoperative other than any such coverage authorized under
Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
the State shall not assume any obligation for the cost of
coverage for breast tomosynthesis set forth in this paragraph.
On and after January 1, 2016, the Department shall ensure
that all networks of care for adult clients of the Department
include access to at least one breast imaging Center of Imaging
Excellence as certified by the American College of Radiology.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall be
reimbursed for screening and diagnostic mammography at the same
rate as the Medicare program's rates, including the increased
reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards for mammography.
On and after January 1, 2017, providers participating in a
breast cancer treatment quality improvement program approved

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by the Department shall be reimbursed for breast cancer
treatment at a rate that is no lower than 95% of the Medicare
program's rates for the data elements included in the breast
cancer treatment quality program.
The Department shall convene an expert panel, including
representatives of hospitals, free-standing free standing
breast cancer treatment centers, breast cancer quality
organizations, and doctors, including breast surgeons,
reconstructive breast surgeons, oncologists, and primary care
providers to establish quality standards for breast cancer
treatment.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities. By January 1, 2016, the
Department shall report to the General Assembly on the status
of the provision set forth in this paragraph.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening mammography.
The Department shall work with experts in breast cancer
outreach and patient navigation to optimize these reminders and
shall establish a methodology for evaluating their
effectiveness and modifying the methodology based on the

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evaluation.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot program
in areas of the State with the highest incidence of mortality
related to breast cancer. At least one pilot program site shall
be in the metropolitan Chicago area and at least one site shall
be outside the metropolitan Chicago area. On or after July 1,
2016, the pilot program shall be expanded to include one site
in western Illinois, one site in southern Illinois, one site in
central Illinois, and 4 sites within metropolitan Chicago. An
evaluation of the pilot program shall be carried out measuring
health outcomes and cost of care for those served by the pilot
program compared to similarly situated patients who are not
served by the pilot program.
The Department shall require all networks of care to
develop a means either internally or by contract with experts
in navigation and community outreach to navigate cancer
patients to comprehensive care in a timely fashion. The
Department shall require all networks of care to include access

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for patients diagnosed with cancer to at least one academic
commission on cancer-accredited cancer program as an
in-network covered benefit.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided prenatal
services and is suspected of having a substance use disorder as
defined in the Substance Use Disorder Act, referral to a local
substance use disorder treatment program licensed by the
Department of Human Services or to a licensed hospital which
provides substance abuse treatment services. The Department of
Healthcare and Family Services shall assure coverage for the
cost of treatment of the drug abuse or addiction for pregnant
recipients in accordance with the Illinois Medicaid Program in
conjunction with the Department of Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under any
program providing case management services for addicted women,
including information on appropriate referrals for other
social services that may be needed by addicted women in
addition to treatment for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through a
public awareness campaign, may provide information concerning
treatment for alcoholism and drug abuse and addiction, prenatal

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health care, and other pertinent programs directed at reducing
the number of drug-affected infants born to recipients of
medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects
in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by rule,
shall develop qualifications for sponsors of Partnerships.
Nothing in this Section shall be construed to require that the
sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and

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outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and the
Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by the
Partnership may receive an additional surcharge for such
services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership

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sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that provided
services may be accessed from therapeutically certified
optometrists to the full extent of the Illinois Optometric
Practice Act of 1987 without discriminating between service
providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance under
this Article. Such records must be retained for a period of not
less than 6 years from the date of service or as provided by
applicable State law, whichever period is longer, except that
if an audit is initiated within the required retention period
then the records must be retained until the audit is completed
and every exception is resolved. The Illinois Department shall
require health care providers to make available, when
authorized by the patient, in writing, the medical records in a

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timely fashion to other health care providers who are treating
or serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be required
to maintain and retain business and professional records
sufficient to fully and accurately document the nature, scope,
details and receipt of the health care provided to persons
eligible for medical assistance under this Code, in accordance
with regulations promulgated by the Illinois Department. The
rules and regulations shall require that proof of the receipt
of prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of such
medical services. No such claims for reimbursement shall be
approved for payment by the Illinois Department without such
proof of receipt, unless the Illinois Department shall have put
into effect and shall be operating a system of post-payment
audit and review which shall, on a sampling basis, be deemed
adequate by the Illinois Department to assure that such drugs,
dentures, prosthetic devices and eyeglasses for which payment
is being made are actually being received by eligible
recipients. Within 90 days after September 16, 1984 (the
effective date of Public Act 83-1439), the Illinois Department
shall establish a current list of acquisition costs for all
prosthetic devices and any other items recognized as medical
equipment and supplies reimbursable under this Article and
shall update such list on a quarterly basis, except that the

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acquisition costs of all prescription drugs shall be updated no
less frequently than every 30 days as required by Section
5-5.12.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after July 22, 2013 (the
effective date of Public Act 98-104), establish procedures to
permit skilled care facilities licensed under the Nursing Home
Care Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall, by July 1, 2016, test the viability of the
new system and implement any necessary operational or
structural changes to its information technology platforms in
order to allow for the direct acceptance and payment of nursing
home claims.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after August 15, 2014 (the
effective date of Public Act 98-963), establish procedures to
permit ID/DD facilities licensed under the ID/DD Community Care
Act and MC/DD facilities licensed under the MC/DD Act to submit
monthly billing claims for reimbursement purposes. Following
development of these procedures, the Department shall have an
additional 365 days to test the viability of the new system and
to ensure that any necessary operational or structural changes
to its information technology platforms are implemented.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or

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group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or liens
for the Illinois Department.
Enrollment of a vendor shall be subject to a provisional
period and shall be conditional for one year. During the period
of conditional enrollment, the Department may terminate the
vendor's eligibility to participate in, or may disenroll the
vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or
disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without
penalty.
The Department has the discretion to limit the conditional
enrollment period for vendors based upon category of risk of

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the vendor.
Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on
the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of
screening applicable to a particular category of vendor under
federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for
each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category
of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received

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by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.
(4) In the case of a provider operated by a unit of
local government with a population exceeding 3,000,000
when local government funds finance federal participation
for claims payments.
For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final

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adjudication by the primary payer.
In the case of long term care facilities, within 45
calendar days of receipt by the facility of required
prescreening information, new admissions with associated
admission documents shall be submitted through the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or shall be submitted
directly to the Department of Human Services using required
admission forms. Effective September 1, 2014, admission
documents, including all prescreening information, must be
submitted through MEDI or REV. Confirmation numbers assigned to
an accepted transaction shall be retained by a facility to
verify timely submittal. Once an admission transaction has been
completed, all resubmitted claims following prior rejection
are subject to receipt no later than 180 days after the
admission transaction has been completed.
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data necessary
to perform eligibility and payment verifications and other
Illinois Department functions. This includes, but is not

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limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, under which
such agencies and departments shall share data necessary for
medical assistance program integrity functions and oversight.
The Illinois Department shall develop, in cooperation with
other State departments and agencies, and in compliance with
applicable federal laws and regulations, appropriate and
effective methods to share such data. At a minimum, and to the
extent necessary to provide data sharing, the Illinois
Department shall enter into agreements with State agencies and
departments, and is authorized to enter into agreements with
federal agencies and departments, including but not limited to:
the Secretary of State; the Department of Revenue; the
Department of Public Health; the Department of Human Services;
and the Department of Financial and Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the

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benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the acquisition,
repair and replacement of orthotic and prosthetic devices and
durable medical equipment. Such rules shall provide, but not be
limited to, the following services: (1) immediate repair or
replacement of such devices by recipients; and (2) rental,
lease, purchase or lease-purchase of durable medical equipment
in a cost-effective manner, taking into consideration the
recipient's medical prognosis, the extent of the recipient's
needs, and the requirements and costs for maintaining such
equipment. Subject to prior approval, such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized

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for such recipient by the Department. Notwithstanding any
provision of Section 5-5f to the contrary, the Department may,
by rule, exempt certain replacement wheelchair parts from prior
approval and, for wheelchairs, wheelchair parts, wheelchair
accessories, and related seating and positioning items,
determine the wholesale price by methods other than actual
acquisition costs.
The Department shall require, by rule, all providers of
durable medical equipment to be accredited by an accreditation
organization approved by the federal Centers for Medicare and
Medicaid Services and recognized by the Department in order to
bill the Department for providing durable medical equipment to
recipients. No later than 15 months after the effective date of
the rule adopted pursuant to this paragraph, all providers must
meet the accreditation requirement.
In order to promote environmental responsibility, meet the
needs of recipients and enrollees, and achieve significant cost
savings, the Department, or a managed care organization under
contract with the Department, may provide recipients or managed
care enrollees who have a prescription or Certificate of
Medical Necessity access to refurbished durable medical
equipment under this Section (excluding prosthetic and
orthotic devices as defined in the Orthotics, Prosthetics, and
Pedorthics Practice Act and complex rehabilitation technology
products and associated services) through the State's
assistive technology program's reutilization program, using

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staff with the Assistive Technology Professional (ATP)
Certification if the refurbished durable medical equipment:
(i) is available; (ii) is less expensive, including shipping
costs, than new durable medical equipment of the same type;
(iii) is able to withstand at least 3 years of use; (iv) is
cleaned, disinfected, sterilized, and safe in accordance with
federal Food and Drug Administration regulations and guidance
governing the reprocessing of medical devices in health care
settings; and (v) equally meets the needs of the recipient or
enrollee. The reutilization program shall confirm that the
recipient or enrollee is not already in receipt of same or
similar equipment from another service provider, and that the
refurbished durable medical equipment equally meets the needs
of the recipient or enrollee. Nothing in this paragraph shall
be construed to limit recipient or enrollee choice to obtain
new durable medical equipment or place any additional prior
authorization conditions on enrollees of managed care
organizations.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the State
where they are not currently available or are undeveloped; and

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(iii) notwithstanding any other provision of law, subject to
federal approval, on and after July 1, 2012, an increase in the
determination of need (DON) scores from 29 to 37 for applicants
for institutional and home and community-based long term care;
if and only if federal approval is not granted, the Department
may, in conjunction with other affected agencies, implement
utilization controls or changes in benefit packages to
effectuate a similar savings amount for this population; and
(iv) no later than July 1, 2013, minimum level of care
eligibility criteria for institutional and home and
community-based long term care; and (v) no later than October
1, 2013, establish procedures to permit long term care
providers access to eligibility scores for individuals with an
admission date who are seeking or receiving services from the
long term care provider. In order to select the minimum level
of care eligibility criteria, the Governor shall establish a
workgroup that includes affected agency representatives and
stakeholders representing the institutional and home and
community-based long term care interests. This Section shall
not restrict the Department from implementing lower level of
care eligibility criteria for community-based services in
circumstances where federal approval has been granted.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation and

HB3538 Enrolled - 225 - LRB100 05680 RJF 15698 b
programs for monitoring of utilization of health care services
and facilities, as it affects persons eligible for medical
assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing The filing of one copy of the report with the Speaker,
one copy with the Minority Leader and one copy with the Clerk
of the House of Representatives, one copy with the President,
one copy with the Minority Leader and one copy with the
Secretary of the Senate, one copy with the Legislative Research
Unit, and such additional copies with the State Government

HB3538 Enrolled - 226 - LRB100 05680 RJF 15698 b
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library
Act shall be deemed sufficient to comply with this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
Because kidney transplantation can be an appropriate,
cost-effective cost effective alternative to renal dialysis
when medically necessary and notwithstanding the provisions of
Section 1-11 of this Code, beginning October 1, 2014, the
Department shall cover kidney transplantation for noncitizens
with end-stage renal disease who are not eligible for
comprehensive medical benefits, who meet the residency
requirements of Section 5-3 of this Code, and who would
otherwise meet the financial requirements of the appropriate
class of eligible persons under Section 5-2 of this Code. To
qualify for coverage of kidney transplantation, such person
must be receiving emergency renal dialysis services covered by

HB3538 Enrolled - 227 - LRB100 05680 RJF 15698 b
the Department. Providers under this Section shall be prior
approved and certified by the Department to perform kidney
transplantation and the services under this Section shall be
limited to services associated with kidney transplantation.
Notwithstanding any other provision of this Code to the
contrary, on or after July 1, 2015, all FDA approved forms of
medication assisted treatment prescribed for the treatment of
alcohol dependence or treatment of opioid dependence shall be
covered under both fee for service and managed care medical
assistance programs for persons who are otherwise eligible for
medical assistance under this Article and shall not be subject
to any (1) utilization control, other than those established
under the American Society of Addiction Medicine patient
placement criteria, (2) prior authorization mandate, or (3)
lifetime restriction limit mandate.
On or after July 1, 2015, opioid antagonists prescribed for
the treatment of an opioid overdose, including the medication
product, administration devices, and any pharmacy fees related
to the dispensing and administration of the opioid antagonist,
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance under
this Article. As used in this Section, "opioid antagonist"
means a drug that binds to opioid receptors and blocks or
inhibits the effect of opioids acting on those receptors,
including, but not limited to, naloxone hydrochloride or any
other similarly acting drug approved by the U.S. Food and Drug

HB3538 Enrolled - 228 - LRB100 05680 RJF 15698 b
Administration.
Upon federal approval, the Department shall provide
coverage and reimbursement for all drugs that are approved for
marketing by the federal Food and Drug Administration and that
are recommended by the federal Public Health Service or the
United States Centers for Disease Control and Prevention for
pre-exposure prophylaxis and related pre-exposure prophylaxis
services, including, but not limited to, HIV and sexually
transmitted infection screening, treatment for sexually
transmitted infections, medical monitoring, assorted labs, and
counseling to reduce the likelihood of HIV infection among
individuals who are not infected with HIV but who are at high
risk of HIV infection.
A federally qualified health center, as defined in Section
1905(l)(2)(B) of the federal Social Security Act, shall be
reimbursed by the Department in accordance with the federally
qualified health center's encounter rate for services provided
to medical assistance recipients that are performed by a dental
hygienist, as defined under the Illinois Dental Practice Act,
working under the general supervision of a dentist and employed
by a federally qualified health center.
Notwithstanding any other provision of this Code, the
Illinois Department shall authorize licensed dietitian
nutritionists and certified diabetes educators to counsel
senior diabetes patients in the senior diabetes patients' homes
to remove the hurdle of transportation for senior diabetes

HB3538 Enrolled - 229 - LRB100 05680 RJF 15698 b
patients to receive treatment.
(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
99-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for
the effective date of P.A. 99-407); 99-433, eff. 8-21-15;
99-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff.
7-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201,
eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18;
100-538, eff. 1-1-18; 100-587, eff. 6-4-18; 100-759, eff.
1-1-19; 100-863, eff. 8-14-18; 100-974, eff. 8-19-18;
100-1009, eff. 1-1-19; 100-1018, eff. 1-1-19; revised
10-9-18.)
(305 ILCS 5/5-5.8) (from Ch. 23, par. 5-5.8)
Sec. 5-5.8. Report on nursing home reimbursement. The
Illinois Department shall report annually to the General
Assembly, no later than the first Monday in April of 1982, and
each year thereafter, in regard to:
(a) the rate structure used by the Illinois Department to
reimburse nursing facilities;
(b) changes in the rate structure for reimbursing nursing
facilities;
(c) the administrative and program costs of reimbursing
nursing facilities;
(d) the availability of beds in nursing facilities for
public aid recipients; and
(e) the number of closings of nursing facilities, and the

HB3538 Enrolled - 230 - LRB100 05680 RJF 15698 b
reasons for those closings.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
Sec. 12-5. Appropriations; uses; federal grants; report to
General Assembly. From the sums appropriated by the General
Assembly, the Illinois Department shall order for payment by
warrant from the State Treasury grants for public aid under
Articles III, IV, and V, including grants for funeral and
burial expenses, and all costs of administration of the
Illinois Department and the County Departments relating
thereto. Moneys appropriated to the Illinois Department for
public aid under Article VI may be used, with the consent of
the Governor, to co-operate with federal, State, and local
agencies in the development of work projects designed to

HB3538 Enrolled - 231 - LRB100 05680 RJF 15698 b
provide suitable employment for persons receiving public aid
under Article VI. The Illinois Department, with the consent of
the Governor, may be the agent of the State for the receipt and
disbursement of federal funds or commodities for public aid
purposes under Article VI and for related purposes in which the
co-operation of the Illinois Department is sought by the
federal government, and, in connection therewith, may make
necessary expenditures from moneys appropriated for public aid
under any Article of this Code and for administration. The
Illinois Department, with the consent of the Governor, may be
the agent of the State for the receipt and disbursement of
federal funds pursuant to the Immigration Reform and Control
Act of 1986 and may make necessary expenditures from monies
appropriated to it for operations, administration, and grants,
including payment to the Health Insurance Reserve Fund for
group insurance costs at the rate certified by the Department
of Central Management Services. All amounts received by the
Illinois Department pursuant to the Immigration Reform and
Control Act of 1986 shall be deposited in the Immigration
Reform and Control Fund. All amounts received into the
Immigration Reform and Control Fund as reimbursement for
expenditures from the General Revenue Fund shall be transferred
to the General Revenue Fund.
All grants received by the Illinois Department for programs
funded by the Federal Social Services Block Grant shall be
deposited in the Social Services Block Grant Fund. All funds

HB3538 Enrolled - 232 - LRB100 05680 RJF 15698 b
received into the Social Services Block Grant Fund as
reimbursement for expenditures from the General Revenue Fund
shall be transferred to the General Revenue Fund. All funds
received into the Social Services Block Grant fund for
reimbursement for expenditure out of the Local Initiative Fund
shall be transferred into the Local Initiative Fund. Any other
federal funds received into the Social Services Block Grant
Fund shall be transferred to the DHS Special Purposes Trust
Fund. All federal funds received by the Illinois Department as
reimbursement for Employment and Training Programs for
expenditures made by the Illinois Department from grants,
gifts, or legacies as provided in Section 12-4.18 or made by an
entity other than the Illinois Department and all federal funds
received from the Emergency Contingency Fund for State
Temporary Assistance for Needy Families Programs established
by the American Recovery and Reinvestment Act of 2009 shall be
deposited into the Employment and Training Fund.
During each State fiscal year, an amount not exceeding a
total of $68,800,000 of the federal funds received by the
Illinois Department under the provisions of Title IV-A of the
federal Social Security Act shall be deposited into the DCFS
Children's Services Fund.
All federal funds, except those covered by the foregoing 3
paragraphs, received as reimbursement for expenditures from
the General Revenue Fund shall be deposited in the General
Revenue Fund for administrative and distributive expenditures

HB3538 Enrolled - 233 - LRB100 05680 RJF 15698 b
properly chargeable by federal law or regulation to aid
programs established under Articles III through XII and Titles
IV, XVI, XIX and XX of the Federal Social Security Act. Any
other federal funds received by the Illinois Department under
Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
Section 12-10 of this Code to be paid into the DHS Special
Purposes Trust Fund shall be deposited into the DHS Special
Purposes Trust Fund. Any other federal funds received by the
Illinois Department pursuant to the Child Support Enforcement
Program established by Title IV-D of the Social Security Act
shall be deposited in the Child Support Enforcement Trust Fund
as required under Section 12-10.2 or in the Child Support
Administrative Fund as required under Section 12-10.2a of this
Code. Any other federal funds received by the Illinois
Department for expenditures made under Title XIX of the Social
Security Act and Articles V and VI of this Code that are
required by Section 15-2 of this Code to be paid into the
County Provider Trust Fund shall be deposited into the County
Provider Trust Fund. Any other federal funds received by the
Illinois Department for hospital inpatient, hospital
ambulatory care, and disproportionate share hospital
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5A-8 of
this Code to be paid into the Hospital Provider Fund shall be
deposited into the Hospital Provider Fund. Any other federal
funds received by the Illinois Department for medical

HB3538 Enrolled - 234 - LRB100 05680 RJF 15698 b
assistance program expenditures made under Title XIX of the
Social Security Act and Article V of this Code that are
required by Section 5B-8 of this Code to be paid into the
Long-Term Care Provider Fund shall be deposited into the
Long-Term Care Provider Fund. Any other federal funds received
by the Illinois Department for medical assistance program
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5C-7 of
this Code to be paid into the Care Provider Fund for Persons
with a Developmental Disability shall be deposited into the
Care Provider Fund for Persons with a Developmental Disability.
Any other federal funds received by the Illinois Department for
trauma center adjustment payments that are required by Section
5-5.03 of this Code and made under Title XIX of the Social
Security Act and Article V of this Code shall be deposited into
the Trauma Center Fund. Any other federal funds received by the
Illinois Department as reimbursement for expenses for early
intervention services paid from the Early Intervention
Services Revolving Fund shall be deposited into that Fund.
The Illinois Department shall report to the General
Assembly at the end of each fiscal quarter the amount of all
funds received and paid into the Social Services Block Grant
Fund and the Local Initiative Fund and the expenditures and
transfers of such funds for services, programs and other
purposes authorized by law. Such report shall be filed with the
Speaker, Minority Leader and Clerk of the House, with the

HB3538 Enrolled - 235 - LRB100 05680 RJF 15698 b
President, Minority Leader and Secretary of the Senate, with
the Chairmen of the House and Senate Appropriations Committees,
the House Human Resources Committee and the Senate Public
Health, Welfare and Corrections Committee, or the successor
standing Committees of each as provided by the rules of the
House and Senate, respectively, with the Commission on
Government Forecasting and Accountability Legislative Research
Unit and with the State Government Report Distribution Center
for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act shall be deemed sufficient
to comply with this Section.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, Article 5, Section
5-130, eff. 1-27-17; 99-933, Article 15, Section 15-50, eff.
1-27-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
Section 245. The Interagency Board for Children who are
Deaf or Hard-of-Hearing and have an Emotional or Behavioral
Disorder Act is amended by changing Section 11 as follows:
(325 ILCS 35/11) (from Ch. 23, par. 6711)
Sec. 11. Reports. The Board shall make a report of its work
annually to the State Superintendent of Education and to the
Governor and to each regular session of the General Assembly.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of

HB3538 Enrolled - 236 - LRB100 05680 RJF 15698 b
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library
Act.
(Source: P.A. 86-1200; 87-1127.)
Section 250. The Psychiatry Practice Incentive Act is
amended by changing Section 35 as follows:
(405 ILCS 100/35)
Sec. 35. Annual report. The Department may annually report
to the General Assembly and the Governor the results and
progress of all programs established under this Act.
The annual report to the General Assembly and the Governor
must include the impact of programs established under this Act
on the ability of designated shortage areas to attract and
retain physicians and other health care personnel. The report
shall include recommendations to improve that ability.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as

HB3538 Enrolled - 237 - LRB100 05680 RJF 15698 b
required by Section 3.1 of the General Assembly Organization
Act, and by filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 99-933, eff. 1-27-17.)
Section 255. The Environmental Protection Act is amended by
changing Section 6.1 as follows:
(415 ILCS 5/6.1) (from Ch. 111 1/2, par. 1006.1)
Sec. 6.1. The Department of Commerce and Community Affairs
(now Department of Commerce and Economic Opportunity) shall
conduct studies of the effects of all State and federal sulfur
dioxide regulations and emission standards on the use of
Illinois coal and other fuels, and shall report the results of
such studies to the Governor and the General Assembly. The
reports shall be made by July 1, 1980 and biennially
thereafter.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General

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Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 260. The Illinois Highway Code is amended by
changing Section 4-201.16 as follows:
(605 ILCS 5/4-201.16) (from Ch. 121, par. 4-201.16)
Sec. 4-201.16. Land acquired for highway purposes,
including buildings or improvements upon such property, may be
rented between the time of acquisition and the time when the
land is needed for highway purposes.
The Department shall file an annual report with the General
Assembly, by October 1 of each year, which details, by county,
the number of rented parcels, the total amount of rent received
from these parcels, and the number of parcels which include
buildings or improvements.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General

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Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 265. The Rivers, Lakes, and Streams Act is amended
by changing Sections 14a, 16, and 20 as follows:
(615 ILCS 5/14a) (from Ch. 19, par. 61a)
Sec. 14a. It is the express intention of this legislation
that close cooperation shall exist between the Pollution
Control Board, the Environmental Protection Agency, and the
Department of Natural Resources and that every resource of
State government shall be applied to the proper preservation
and utilization of the waters of Lake Michigan.
The Environmental Protection Agency shall work in close
cooperation with the City of Chicago and other affected units
of government to: (1) terminate discharge of pollutional waste
materials to Lake Michigan from vessels in both intra-state and
inter-state navigation, and (2) abate domestic, industrial,
and other pollution to assure that Lake Michigan beaches in
Illinois are suitable for full body contact sports, meeting
criteria of the Pollution Control Board.
The Environmental Protection Agency shall regularly
conduct water quality and lake bed surveys to evaluate the

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ecology and the quality of water in Lake Michigan. Results of
such surveys shall be made available, without charge, to all
interested persons and agencies. It shall be the responsibility
of the Director of the Environmental Protection Agency to
report biennially or at such other times as the Governor shall
direct; such report shall provide hydrologic, biologic, and
chemical data together with recommendations to the Governor and
members of the General Assembly.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
In meeting the requirements of this Act, the Pollution
Control Board, Environmental Protection Agency and Department
of Natural Resources are authorized to be in direct contact
with individuals, municipalities, public and private
corporations and other organizations which are or may be
contributing to the discharge of pollution to Lake Michigan.
(Source: P.A. 98-78, eff. 7-15-13.)

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(615 ILCS 5/16) (from Ch. 19, par. 63)
Sec. 16. The Department of Natural Resources shall plan and
devise methods, ways and means for the preservation and
beautifying of the public bodies of water of the State, and for
making the same more available for the use of the public, and
it shall from time to time report its findings and conclusions
to the Governor and general assembly, and from time to time
submit to the general assembly drafts of such measures as it
may deem necessary to be enacted for the accomplishment of such
purpose, or for the protection of such bodies of water.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(615 ILCS 5/20) (from Ch. 19, par. 67)
Sec. 20. The Department of Natural Resources shall obtain

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data and information as to the availability of the various
streams of Illinois for water power, and preserve all such
data, and report to the Governor and the general assembly such
facts as to the amount of water power which can be so
developed, from time to time, as in its judgment should be
communicated, looking to the preservation of the rights of the
State of Illinois in the water power and navigation of this
State.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 270. The Flood Control Act of 1945 is amended by
changing Section 5 as follows:
(615 ILCS 15/5) (from Ch. 19, par. 126e)
Sec. 5. It shall be the duty of the Department of Natural

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Resources to execute examinations and surveys of the scope
necessary and practical under this Act: The Director of Natural
Resources may in his discretion or at the direction of the
General Assembly cause an examination of any project for the
improvement of any of the rivers and waters of Illinois for any
improvements authorized under this Act and a report on the
improvements shall be submitted to the Governor, the members of
the General Assembly of the Legislative Districts in which the
improvements are located, and the General Assembly. The
requirement for reporting to the General Assembly shall be
satisfied by filing copies of the report with the Speaker, the
Minority Leader, and the Clerk of the House of Representatives;
and the President, the Minority Leader, and the Secretary of
the Senate; and the Legislative Research Unit, as required by
Section 3.1 of the General Assembly Organization Act, and
filing any additional copies with the State Government Report
Distribution Center for the General Assembly as required under
paragraph (t) of Section 7 of the State Library Act. All
reports shall include, as may be practicable, a comprehensive
study of the watersheds involved, any other matter required by
the Director of Natural Resources, and any or all data as may
be pertinent in regard to:
(a) the extent and character of the area affected;
(b) the hydrography of the area affected, including
rainfall and run-off, frequency and severity of floods,
frequency and degree of low flows;

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(c) flood damages to rural property, growing crops,
urban property, industrial property, and communications,
including highways, railways, and waterways;
(d) the probable effect upon any navigable water or
waterway;
(e) the possible economical development and
utilization of water power;
(f) the possible economical reclamation and drainage
of the bottomland and upland areas;
(g) any other allied uses that may be properly related
to or coordinated with the project, including but not
limited to, any benefits for public water supply uses,
public recreational uses, or wild life conservation;
(h) the estimated cost of the improvement and a
statement of special or local benefit that will accrue to
localities affected by the improvement and a statement of
general or state wide benefits, with recommendations as to
what local cooperation, participation, and cost sharing
should be required, if any, on account of the special or
local benefit.
The heads of the several Departments of the State shall,
upon the request of the Director of Natural Resources, detail
representatives from their respective Departments to assist
the Department of Natural Resources in the study of the
watersheds, to the end that duplication of work may be avoided
and the various services of the State economically coordinated

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therein.
In the exercise of its duties under this Section, the
Department may accept or amend a work plan of the United States
government. The federal work plan as accepted by the Department
shall be filed as provided for in this Section.
(Source: P.A. 88-517; 89-445, eff. 2-7-96.)
Section 275. The Illinois Vehicle Code is amended by
changing Section 15-203 as follows:
(625 ILCS 5/15-203) (from Ch. 95 1/2, par. 15-203)
Sec. 15-203. Records of violations. The Department of State
Police shall maintain records of the number of violators of
such acts apprehended and the number of convictions obtained. A
resume of such records shall be included in the Department's
annual report to the Governor; and the Department shall also
present such resume to each regular session of the General
Assembly.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing

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such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 280. The Illinois Abortion Law of 1975 is amended
by changing Section 10 as follows:
(720 ILCS 510/10) (from Ch. 38, par. 81-30)
Sec. 10. A report of each abortion performed shall be made
to the Department on forms prescribed by it. Such report forms
shall not identify the patient by name, but by an individual
number to be noted in the patient's permanent record in the
possession of the physician, and shall include information
concerning:
(1) Identification of the physician who performed the
abortion and the facility where the abortion was performed and
a patient identification number;
(2) State in which the patient resides;
(3) Patient's date of birth, race and marital status;
(4) Number of prior pregnancies;
(5) Date of last menstrual period;
(6) Type of abortion procedure performed;
(7) Complications and whether the abortion resulted in a
live birth;
(8) The date the abortion was performed;

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(9) Medical indications for any abortion performed when the
fetus was viable;
(10) The information required by Sections 6(1)(b) and
6(4)(b) of this Act, if applicable;
(11) Basis for any medical judgment that a medical
emergency existed when required under Sections 6(2)(a) and 6(6)
and when required to be reported in accordance with this
Section by any provision of this Law; and
(12) The pathologist's test results pursuant to Section 12
of this Act.
Such form shall be completed by the hospital or other
licensed facility, signed by the physician who performed the
abortion or pregnancy termination, and transmitted to the
Department not later than 10 days following the end of the
month in which the abortion was performed.
In the event that a complication of an abortion occurs or
becomes known after submission of such form, a correction using
the same patient identification number shall be submitted to
the Department within 10 days of its becoming known.
The Department may prescribe rules and regulations
regarding the administration of this Law and shall prescribe
regulations to secure the confidentiality of the woman's
identity in the information to be provided under the "Vital
Records Act". All reports received by the Department shall be
treated as confidential and the Department shall secure the
woman's anonymity. Such reports shall be used only for

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statistical purposes.
Upon 30 days public notice, the Department is empowered to
require reporting of any additional information which, in the
sound discretion of the Department, is necessary to develop
statistical data relating to the protection of maternal or
fetal life or health, or is necessary to enforce the provisions
of this Law, or is necessary to develop useful criteria for
medical decisions. The Department shall annually report to the
General Assembly all statistical data gathered under this Law
and its recommendations to further the purpose of this Law.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 285. The Code of Criminal Procedure of 1963 is
amended by changing Sections 108A-11 and 108B-13 as follows:

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(725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
Sec. 108A-11. Reports Concerning Use of Eavesdropping
Devices. (a) In January of each year the State's Attorney of
each county in which eavesdropping devices were used pursuant
to the provisions of this Article shall report to the
Department of State Police the following with respect to each
application for an order authorizing the use of an
eavesdropping device, or an extension thereof, made during the
preceding calendar year:
(1) the fact that such an order, extension, or subsequent
approval of an emergency was applied for;
(2) the kind of order or extension applied for;
(3) a statement as to whether the order or extension was
granted as applied for was modified, or was denied;
(4) the period authorized by the order or extensions in
which an eavesdropping device could be used;
(5) the felony specified in the order extension or denied
application;
(6) the identity of the applying investigative or law
enforcement officer and agency making the application and the
State's Attorney authorizing the application; and
(7) the nature of the facilities from which or the place
where the eavesdropping device was to be used.
(b) Such report shall also include the following:
(1) a general description of the uses of eavesdropping
devices actually made under such order to overheard or record

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conversations, including: (a) the approximate nature and
frequency of incriminating conversations overheard, (b) the
approximate nature and frequency of other conversations
overheard, (c) the approximate number of persons whose
conversations were overheard, and (d) the approximate nature,
amount, and cost of the manpower and other resources used
pursuant to the authorization to use an eavesdropping device;
(2) the number of arrests resulting from authorized uses of
eavesdropping devices and the offenses for which arrests were
made;
(3) the number of trials resulting from such uses of
eavesdropping devices;
(4) the number of motions to suppress made with respect to
such uses, and the number granted or denied; and
(5) the number of convictions resulting from such uses and
the offenses for which the convictions were obtained and a
general assessment of the importance of the convictions.
(c) In April of each year, the Department of State Police
shall transmit to the General Assembly a report including
information on the number of applications for orders
authorizing the use of eavesdropping devices, the number of
orders and extensions granted or denied during the preceding
calendar year, and the convictions arising out of such uses.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of

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Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 86-391.)
(725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
Sec. 108B-13. Reports concerning use of eavesdropping
devices.
(a) Within 30 days after the expiration of an order and
each extension thereof authorizing an interception, or within
30 days after the denial of an application or disapproval of an
application subsequent to any alleged emergency situation, the
State's Attorney shall report to the Department of State Police
the following:
(1) the fact that such an order, extension, or
subsequent approval of an emergency was applied for;
(2) the kind of order or extension applied for;
(3) a statement as to whether the order or extension
was granted as applied for was modified, or was denied;
(4) the period authorized by the order or extensions in
which an eavesdropping device could be used;

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(5) the offense enumerated in Section 108B-3 which is
specified in the order or extension or in the denied
application;
(6) the identity of the applying electronic criminal
surveillance officer and agency making the application and
the State's Attorney authorizing the application; and
(7) the nature of the facilities from which or the
place where the eavesdropping device was to be used.
(b) In January of each year the State's Attorney of each
county in which an interception occurred pursuant to the
provisions of this Article shall report to the Department of
State Police the following:
(1) a general description of the uses of eavesdropping
devices actually made under such order to overhear or
record conversations, including: (a) the approximate
nature and frequency of incriminating conversations
overheard, (b) the approximate nature and frequency of
other conversations overheard, (c) the approximate number
of persons whose conversations were overheard, and (d) the
approximate nature, amount, and cost of the manpower and
other resources used pursuant to the authorization to use
an eavesdropping device;
(2) the number of arrests resulting from authorized
uses of eavesdropping devices and the offenses for which
arrests were made;
(3) the number of trials resulting from such uses of

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eavesdropping devices;
(4) the number of motions to suppress made with respect
to such uses, and the number granted or denied; and
(5) the number of convictions resulting from such uses
and the offenses for which the convictions were obtained
and a general assessment of the importance of the
convictions.
On or before March 1 of each year, the Director of the
Department of State Police shall submit to the Governor a
report of all intercepts as defined herein conducted pursuant
to this Article and terminated during the preceding calendar
year. Such report shall include:
(1) the reports of State's Attorneys forwarded to the
Director as required in this Section;
(2) the number of Department personnel authorized to
possess, install, or operate electronic, mechanical, or
other devices;
(3) the number of Department and other law enforcement
personnel who participated or engaged in the seizure of
intercepts pursuant to this Article during the preceding
calendar year;
(4) the number of electronic criminal surveillance
officers trained by the Department;
(5) the total cost to the Department of all activities
and procedures relating to the seizure of intercepts during
the preceding calendar year, including costs of equipment,

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manpower, and expenses incurred as compensation for use of
facilities or technical assistance provided to or by the
Department; and
(6) a summary of the use of eavesdropping devices
pursuant to orders of interception including (a) the
frequency of use in each county, (b) the frequency of use
for each crime enumerated in Section 108B-3 of the Code of
Criminal Procedure of 1963, as amended, (c) the type and
frequency of eavesdropping device use, and (d) the
frequency of use by each police department or law
enforcement agency of this State.
(d) In April of each year, the Director of the Department
of State Police and the Governor shall each transmit to the
General Assembly reports including information on the number of
applications for orders authorizing the use of eavesdropping
devices, the number of orders and extensions granted or denied
during the preceding calendar year, the convictions arising out
of such uses, and a summary of the information required by
subsections (a) and (b) of this Section.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State

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Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 85-1203; 86-1226; 86-1475.)
Section 290. The State Appellate Defender Act is amended by
changing Section 10 as follows:
(725 ILCS 105/10) (from Ch. 38, par. 208-10)
Sec. 10. Powers and duties of State Appellate Defender.
(a) The State Appellate Defender shall represent indigent
persons on appeal in criminal and delinquent minor proceedings,
when appointed to do so by a court under a Supreme Court Rule
or law of this State.
(b) The State Appellate Defender shall submit a budget for
the approval of the State Appellate Defender Commission.
(c) The State Appellate Defender may:
(1) maintain a panel of private attorneys available to
serve as counsel on a case basis;
(2) establish programs, alone or in conjunction with
law schools, for the purpose of utilizing volunteer law
students as legal assistants;
(3) cooperate and consult with state agencies,
professional associations, and other groups concerning the
causes of criminal conduct, the rehabilitation and
correction of persons charged with and convicted of crime,

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the administration of criminal justice, and, in counties of
less than 1,000,000 population, study, design, develop and
implement model systems for the delivery of trial level
defender services, and make an annual report to the General
Assembly;
(4) hire investigators to provide investigative
services to appointed counsel and county public defenders;
(5) (blank);
(5.5) provide training to county public defenders;
(5.7) provide county public defenders with the
assistance of expert witnesses and investigators from
funds appropriated to the State Appellate Defender
specifically for that purpose by the General Assembly. The
Office of the State Appellate Defender shall not be
appointed to act as trial counsel;
(6) develop a Juvenile Defender Resource Center to: (i)
study, design, develop, and implement model systems for the
delivery of trial level defender services for juveniles in
the justice system; (ii) in cases in which a sentence of
incarceration or an adult sentence, or both, is an
authorized disposition, provide trial counsel with legal
advice and the assistance of expert witnesses and
investigators from funds appropriated to the Office of the
State Appellate Defender by the General Assembly
specifically for that purpose; (iii) develop and provide
training to public defenders on juvenile justice issues,

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utilizing resources including the State and local bar
associations, the Illinois Public Defender Association,
law schools, the Midwest Juvenile Defender Center, and pro
bono efforts by law firms; and (iv) make an annual report
to the General Assembly.
(d) (Blank).
(e) The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library
Act.
(Source: P.A. 99-78, eff. 7-20-15.)
Section 295. The State's Attorneys Appellate Prosecutor's
Act is amended by changing Section 4.06 as follows:
(725 ILCS 210/4.06) (from Ch. 14, par. 204.06)
Sec. 4.06. The board shall submit an annual report to the
General Assembly and Governor regarding the operation of the
Office of the State's Attorneys Appellate Prosecutor.
The requirement for reporting to the General Assembly shall

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be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 84-1438.)
Section 300. The Commission on Young Adult Employment Act
is amended by changing Section 20 as follows:
(820 ILCS 85/20)
(Section scheduled to be repealed on January 1, 2019)
Sec. 20. Findings and recommendations. The Commission
shall meet and begin its work no later than 60 days after the
appointment of all Commission members. By November 30, 2015,
and by November 30 of every year thereafter, the Commission
shall submit a report to the General Assembly setting forth its
findings and recommendations. The requirement for reporting to
the General Assembly shall be satisfied by filing copies of the
report with the Speaker, Minority Leader, and Clerk of the
House of Representatives, the President, Minority Leader, and

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Secretary of the Senate, and the Legislative Research Unit as
required under Section 3.1 of the General Assembly Organization
Act.
(Source: P.A. 99-338, eff. 8-11-15.)
Section 305. The Public Safety Employee Benefits Act is
amended by changing Section 17 as follows:
(820 ILCS 320/17)
Sec. 17. Reporting forms.
(a) A person who qualified for benefits under subsections
(a) and (b) of Section 10 of this Act (hereinafter referred to
as "PSEBA recipient") shall be required to file a form with his
or her employer as prescribed in this Section. The Commission
on Government Forecasting and Accountability (COGFA) shall use
the form created in this Act and prescribe the content of the
report in cooperation with one statewide labor organization
representing police, one statewide law enforcement
organization, one statewide labor organization representing
firefighters employed by at least 100 municipalities in this
State that is affiliated with the Illinois State Federation of
Labor, one statewide labor organization representing
correctional officers and parole agents that is affiliated with
the Illinois State Federation of Labor, one statewide
organization representing municipalities, and one regional
organization representing municipalities. COGFA may accept

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comment from any source, but shall not be required to solicit
public comment. Within 60 days after the effective date of this
amendatory Act of the 98th General Assembly, COGFA shall remit
a copy of the form contained in this subsection to all
employers subject to this Act and shall make a copy available
on its website.
"PSEBA RECIPIENT REPORTING FORM:
Under Section 17 of the Public Safety Employee Benefits
Act (820 ILCS 320/17), the Commission on Government
Forecasting and Accountability (COGFA) is charged with
creating and submitting a report to the Governor and the
General Assembly setting forth information regarding
recipients and benefits payable under the Public Safety
Employee Benefits Act (Act). The Act requires employers
providing PSEBA benefits to distribute this form to any
former peace officer, firefighter, or correctional officer
currently in receipt of PSEBA benefits.
The responses to the questions below will be used by
COGFA to compile information regarding the PSEBA benefit
for its report. The Act prohibits the release of any
personal information concerning the PSEBA recipient and
exempts the reported information from the requirements of
the Freedom of Information Act (FOIA).
The Act requires the PSEBA recipient to complete this
form and submit it to the employer providing PSEBA benefits

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within 60 days of receipt. If the PSEBA recipient fails to
submit this form within 60 days of receipt, the employer is
required to notify the PSEBA recipient of non-compliance
and provide an additional 30 days to submit the required
form. Failure to submit the form in a timely manner will
result in the PSEBA recipient incurring responsibility for
reimbursing the employer for premiums paid during the
period the form is due and not filed.
(1) PSEBA recipient's name:
(2) PSEBA recipient's date of birth:
(3) Name of the employer providing PSEBA benefits:
(4) Date the PSEBA benefit first became payable:
(5) What was the medical diagnosis of the injury
that qualified you for the PSEBA benefit?
(6) Are you currently employed with compensation?
(7) If so, what is the name(s) of your current
employer(s)?
(8) Are you or your spouse enrolled in a health
insurance plan provided by your current employer or
another source?
(9) Have you or your spouse been offered or
provided access to health insurance from your current
employer(s)?
If you answered yes to question 8 or 9, please provide
the name of the employer, the name of the insurance
provider(s), and a general description of the type(s) of

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insurance offered (HMO, PPO, HSA, etc.):
(10) Are you or your spouse enrolled in a health
insurance plan provided by a current employer of your
spouse?
(11) Have you or your spouse been offered or
provided access to health insurance provided by a
current employer of your spouse?
If you answered yes to question 10 or 11, please
provide the name of the employer, the name of the insurance
provider, and a general description of the type of
insurance offered (HMO, PPO, HSA, etc.) by an employer of
your spouse:"
COGFA shall notify an employer of its obligation to notify
any PSEBA recipient receiving benefits under this Act of that
recipient's obligation to file a report under this Section. A
PSEBA recipient receiving benefits under this Act must complete
and return this form to the employer within 60 days of receipt
of such form. Any PSEBA recipient who has been given notice as
provided under this Section and who fails to timely file a
report under this Section within 60 days after receipt of this
form shall be notified by the employer that he or she has 30
days to submit the report or risk incurring the cost of his or
her benefits provided under this Act. An employer may seek
reimbursement for premium payments for a PSEBA recipient who
fails to file this report with the employer 30 days after

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receiving this notice. The PSEBA recipient is responsible for
reimbursing the employer for premiums paid during the period
the report is due and not filed. Employers shall return this
form to COGFA within 30 days after receiving the form from the
PSEBA recipient.
Any information collected by the employer under this
Section shall be exempt from the requirements of the Freedom of
Information Act except for data collected in the aggregate that
does not reveal any personal information concerning the PSEBA
recipient.
By July 1 of every even-numbered year, beginning in 2016,
employers subject to this Act must send the form contained in
this subsection to all PSEBA recipients eligible for benefits
under this Act. The PSEBA recipient must complete and return
this form by September 1 of that year. Any PSEBA recipient who
has been given notice as provided under this Section and who
fails to timely file a completed form under this Section within
60 days after receipt of this form shall be notified by the
employer that he or she has 30 days to submit the form or risk
incurring the costs of his or her benefits provided under this
Act. The PSEBA recipient is responsible for reimbursing the
employer for premiums paid during the period the report is due
and not filed. The employer shall resume premium payments upon
receipt of the completed form. Employers shall return this form
to COGFA within 30 days after receiving the form from the PSEBA
recipient.

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(b) An employer subject to this Act shall complete and file
the form contained in this subsection.
"EMPLOYER SUBJECT TO PSEBA REPORTING FORM:
Under Section 17 of the Public Safety Employee Benefits
Act (820 ILCS 320/17), the Commission on Government
Forecasting and Accountability (COGFA) is charged with
creating and submitting a report to the Governor and
General Assembly setting forth information regarding
recipients and benefits payable under the Public Safety
Employee Benefits Act (Act).
The responses to the questions below will be used by
COGFA to compile information regarding the PSEBA benefit
for its report.
The Act requires all employers subject to the PSEBA Act
to submit the following information within 120 days after
receipt of this form.
(1) Name of the employer:
(2) The number of PSEBA benefit applications filed
under the Act during the reporting period provided in
the aggregate and listed individually by name of
applicant and date of application:
(3) The number of PSEBA benefits and names of PSEBA
recipients receiving benefits awarded under the Act
during the reporting period provided in the aggregate
and listed individually by name of applicant and date

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of application:
(4) The cost of the health insurance premiums paid
due to PSEBA benefits awarded under the Act during the
reporting period provided in the aggregate and listed
individually by name of PSEBA recipient:
(5) The number of PSEBA benefit applications filed
under the Act since the inception of the Act provided
in the aggregate and listed individually by name of
applicant and date of application:
(6) The number of PSEBA benefits awarded under the
Act since the inception of the Act provided in the
aggregate and listed individually by name of applicant
and date of application:
(7) The cost of health insurance premiums paid due
to PSEBA benefits awarded under the Act since the
inception of the Act provided in the aggregate and
listed individually by name of PSEBA recipient:
(8) The current annual cost of health insurance
premiums paid for PSEBA benefits awarded under the Act
provided in the aggregate and listed individually by
name of PSEBA recipient:
(9) The annual cost of health insurance premiums
paid for PSEBA benefits awarded under the Act listed by
year since the inception of the Act provided in annual
aggregate amounts and listed individually by name of
PSEBA recipient:

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(10) A description of health insurance benefit
levels currently provided by the employer to the PSEBA
recipient:
(11) The total cost of the monthly health insurance
premium currently provided to the PSEBA recipient:
(12) The other costs of the health insurance
benefit currently provided to the PSEBA recipient
including, but not limited to:
(i) the co-pay requirements of the health
insurance policy provided to the PSEBA recipient;
(ii) the out-of-pocket deductibles of the
health insurance policy provided to the PSEBA
recipient;
(iii) any pharmaceutical benefits and co-pays
provided in the insurance policy; and
(iv) any policy limits of the health insurance
policy provided to the PSEBA recipient."
An employer covered under this Act shall file copies of the
PSEBA Recipient Reporting Form and the Employer Subject to the
PSEBA Act Reporting Form with COGFA within 120 days after
receipt of the Employer Subject to the PSEBA Act Reporting
Form.
The first form filed with COGFA under this Section shall
contain all information required by this Section. All forms
filed by the employer thereafter shall set forth the required

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information for the 24-month period ending on June 30 preceding
the deadline date for filing the report.
Whenever possible, communication between COGFA and
employers as required by this Act shall be through electronic
means.
(c) For the purpose of creating the report required under
subsection (d), upon receipt of each PSEBA Benefit Recipient
Form, or as soon as reasonably practicable, COGFA shall make a
determination of whether the PSEBA benefit recipient or the
PSEBA benefit recipient's spouse meets one of the following
criteria:
(1) the PSEBA benefit recipient or the PSEBA benefit
recipient's spouse is receiving health insurance from a
current employer, a current employer of his or her spouse,
or another source;
(2) the PSEBA benefit recipient or the PSEBA benefit
recipient's spouse has been offered or provided access to
health insurance from a current employer or employers.
If one or both of the criteria are met, COGFA shall make
the following determinations of the associated costs and
benefit levels of health insurance provided or offered to the
PSEBA benefit recipient or the PSEBA benefit recipient's
spouse:
(A) a description of health insurance benefit levels
offered to or received by the PSEBA benefit recipient or
the PSEBA benefit recipient's spouse from a current

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employer or a current employer of the PSEBA benefit
recipient's spouse;
(B) the monthly premium cost of health insurance
benefits offered to or received by the PSEBA benefit
recipient or the PSEBA benefit recipient's spouse from a
current employer or a current employer of the PSEBA benefit
recipient's spouse including, but not limited to:
(i) the total monthly cost of the health insurance
premium;
(ii) the monthly amount of the health insurance
premium to be paid by the employer;
(iii) the monthly amount of the health insurance
premium to be paid by the PSEBA benefit recipient or
the PSEBA benefit recipient's spouse;
(iv) the co-pay requirements of the health
insurance policy;
(v) the out-of-pocket deductibles of the health
insurance policy;
(vi) any pharmaceutical benefits and co-pays
provided in the insurance policy;
(vii) any policy limits of the health insurance
policy.
COGFA shall summarize the related costs and benefit levels
of health insurance provided or available to the PSEBA benefit
recipient or the PSEBA benefit recipient's spouse and contrast
the results to the cost and benefit levels of health insurance

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currently provided by the employer subject to this Act. This
information shall be included in the report required in
subsection (d).
(d) By June 1, 2014, and by January 1 of every odd-numbered
year thereafter beginning in 2017, COGFA shall submit a report
to the Governor and the General Assembly setting forth the
information received under subsections (a) and (b). The report
shall aggregate data in such a way as to not reveal the
identity of any single beneficiary. The requirement for
reporting to the General Assembly shall be satisfied by filing
copies of the report with the Speaker, Minority Leader, and
Clerk of the House of Representatives, the President, Minority
Leader, and Secretary of the Senate, the Legislative Research
Unit as required under Section 3.1 of the General Assembly
Organization Act, and the State Government Report Distribution
Center for the General Assembly as required under paragraph (t)
of Section 7 of the State Library Act. COGFA shall make this
report available electronically on a publicly accessible
website.
(Source: P.A. 98-561, eff. 8-27-13; 99-239, eff. 8-3-15.)
Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes

HB3538 Enrolled - 270 - LRB100 05680 RJF 15698 b
made by this Act or (ii) provisions derived from any other
Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.