Full bill text
The complete text as filed. This is the legislature's own wording — not a summary.
HB0862 Enrolled LRB104 04759 SPS 14786 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Article 5. 5 Section 5-5. The Election Code is amended by changing 6 Section 12A-10 as follows: 7 (10 ILCS 5/12A-10) 8 Sec. 12A-10. Candidate statements and photographs in the 9 Internet Guide. 10 (a) Any candidate whose name appears in the Internet Guide 11 may submit a written statement and a photograph to appear in 12 the Internet Guide, provided that: 13 (1) No personal statement may exceed a brief biography 14 (name, age, education, and current employment) and an 15 additional 400 words. 16 (2) Personal statements may include contact 17 information for the candidate, including the address and 18 phone number of the campaign headquarters, and the 19 candidate's website. 20 (3) Personal statements may not mention a candidate's 21 opponents by name. 22 (4) No personal statement may include language that HB0862 Enrolled - 2 - LRB104 04759 SPS 14786 b 1 may not be legally sent through the mail. 2 (5) The photograph shall be a conventional photograph 3 with a plain background and show only the face, or the 4 head, neck, and shoulders, of the candidate. 5 (6) The photograph shall not (i) show the candidate's 6 hands, anything in the candidate's hands, or the candidate 7 wearing a judicial robe, a hat, or a military, police, or 8 fraternal uniform or (ii) include the uniform or insignia 9 of any organization. 10 (b) The Board must note in the text of the Internet Guide 11 that personal statements were submitted by the candidate or 12 his or her designee and were not edited by the Board. 13 (c) Where a candidate declines to submit a statement, the 14 Board may note that the candidate declined to submit a 15 statement. 16 (d) (Blank). (Blank.) 17 (e) Anyone other than the candidate submitting a statement 18 or photograph from a candidate must attest that he or she is 19 doing so on behalf and at the direction of the candidate. The 20 Board may assess a civil fine of no more than $1,000 against a 21 person or entity who falsely submits a statement or photograph 22 not authorized by the candidate. 23 (f) Nothing in this Article makes the author of any 24 statement exempt from any civil or criminal action because of 25 any defamatory statements offered for posting or contained in 26 the Internet Guide. The persons writing, signing, or offering HB0862 Enrolled - 3 - LRB104 04759 SPS 14786 b 1 a statement for inclusion in the Internet Guide are deemed to 2 be its authors and publishers, and the Board shall not be 3 liable in any case or action relating to the content of any 4 material submitted by any candidate. 5 (g) The Board may set reasonable deadlines for the 6 submission of personal statements and photographs. 7 (h) The Board may set formats for the submission of 8 statements and photographs. The Board may require that 9 statements and photographs are submitted in an electronic 10 format. 11 (i) Fines collected pursuant to subsection (e) of this 12 Section shall be deposited into the Elections Special Projects 13 Fund Voters' Guide Fund, a special fund created in the State 14 treasury. Moneys in the Voters' Guide Fund shall be 15 appropriated solely to the State Board of Elections for use in 16 the implementation and administration of this Article 12A . 17 (Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.) 18 Section 5-10. The Accessible Electronic Information Act is 19 amended by changing Sections 15 and 20 as follows: 20 (15 ILCS 323/15) 21 Sec. 15. Accessible electronic information service 22 program. The Director by rule shall develop and implement a 23 program of grants to qualified entities for the provision of 24 accessible electronic information service to blind persons and HB0862 Enrolled - 4 - LRB104 04759 SPS 14786 b 1 persons with disabilities throughout Illinois. The grants 2 shall be funded through appropriations from the Accessible 3 Electronic Information Service Fund established in Section 20. 4 (Source: P.A. 99-143, eff. 7-27-15.) 5 (15 ILCS 323/20) 6 Sec. 20. Accessible Electronic Information Service Fund. 7 (a) Before July 1 of each year through 2025 , the Illinois 8 Commerce Commission, in consultation with the Director, shall 9 determine the amount of funding necessary to support the 10 program described in Section 15 during the next fiscal year 11 and shall certify that amount to the State Treasurer. 12 (b) Each month, the State Treasurer shall transfer 1/12th 13 of the amount determined under subsection (a) from the Digital 14 Divide Elimination Infrastructure Fund into the Accessible 15 Electronic Information Service Fund, a special fund created in 16 the State treasury that may be appropriated only for the 17 purposes of this Act. If moneys in the Digital Divide 18 Elimination Infrastructure Fund are insufficient to meet the 19 transfer requirements of this subsection, the Illinois 20 Commerce Commission shall direct the Illinois 21 Telecommunications Access Corporation, or its successor, to 22 remit the amount of any insufficiency to the Director for 23 deposit into the Accessible Electronic Information Service 24 Fund from surcharges collected by the Corporation, or its 25 successor, under Section 13-703 of the Public Utilities Act. HB0862 Enrolled - 5 - LRB104 04759 SPS 14786 b 1 (c) On July 1, 2026 or as soon thereafter as practical, the 2 State Comptroller shall direct and the State Treasurer shall 3 transfer the remaining balance from the Accessible Electronic 4 Information Service Fund into the General Revenue Fund. Upon 5 completion of the transfer, the Accessible Electronic 6 Information Service Fund is dissolved, and any future deposits 7 due to that Fund and any outstanding obligations or 8 liabilities of that Fund pass to the General Revenue Fund. 9 This Section is repealed on January 1, 2027. 10 (Source: P.A. 93-797, eff. 7-22-04.) 11 Section 5-15. The State Fair Act is amended by adding 12 Section 10.5 as follows: 13 (20 ILCS 210/10.5 new) 14 Sec. 10.5. Transfer of moneys into the Illinois State Fair 15 Fund. Notwithstanding any other provision of law, on July 1, 16 2026 or as soon thereafter as practical, the State Comptroller 17 shall direct and the State Treasurer shall transfer the 18 remaining balance from the State Fair Promotional Activities 19 Fund and the Watershed Park Fund into the Illinois State Fair 20 Fund. Upon completion of the transfers, the State Fair 21 Promotional Activities Fund and the Watershed Park Fund are 22 dissolved, and any future deposits due to those funds and any 23 outstanding obligations or liabilities of those funds shall 24 pass to the Illinois State Fair Fund. This Section is repealed HB0862 Enrolled - 6 - LRB104 04759 SPS 14786 b 1 on January 1, 2027. 2 (20 ILCS 605/605-1085 rep.) 3 Section 5-20. The Department of Commerce and Economic 4 Opportunity Law of the Civil Administrative Code of Illinois 5 is amended by repealing Section 605-1085. 6 Section 5-25. The Department of Natural Resources 7 (Conservation) Law of the Civil Administrative Code of 8 Illinois is amended by changing Section 805-420 as follows: 9 (20 ILCS 805/805-420) (was 20 ILCS 805/63a36) 10 Sec. 805-420. Appropriations from Park and Conservation 11 Fund. The Department has the power to expend moneys monies 12 appropriated to the Department from the Park and Conservation 13 Fund in the State treasury for conservation and park purposes. 14 All Eighty percent of the revenue derived from fees paid 15 for certificates of title, duplicate certificates of title and 16 corrected certificates of title and deposited into in the Park 17 and Conservation Fund, as provided for in Section 2-119 of the 18 Illinois Vehicle Code, shall be expended solely by the 19 Department pursuant to an appropriation for acquisition, 20 development, and maintenance of bike paths, including grants 21 for the acquisition and development of bike paths . All and 20% 22 of the revenue derived from fees paid for certificates of 23 title, duplicate certificates of title and corrected HB0862 Enrolled - 7 - LRB104 04759 SPS 14786 b 1 certificates of title and shall be deposited into the Illinois 2 Fisheries Management Fund, a special fund created in the State 3 treasury, as provided for in Section 2-119 of the Illinois 4 Vehicle Code, shall Treasury to be used for the operation of 5 the Division of Fisheries within the Department. 6 Revenue derived from fees paid for the registration of 7 motor vehicles of the first division and deposited into in the 8 Park and Conservation Fund, as provided for in Section 3-806 9 of the Illinois Vehicle Code, shall be expended by the 10 Department for the following purposes: 11 (A) Fifty percent of funds derived from the vehicle 12 registration fee shall be used by the Department for 13 normal operations. 14 (B) Fifty percent of funds derived from the vehicle 15 registration fee shall be used by the Department for 16 construction and maintenance of State owned, leased, and 17 managed sites. 18 The moneys monies deposited into the Park and Conservation 19 Fund and the Illinois Fisheries Management Fund under this 20 Section shall not be subject to administrative charges or 21 chargebacks unless otherwise authorized by this Act. 22 (Source: P.A. 97-1136, eff. 1-1-13.) 23 Section 5-30. The Department of Human Services Act is 24 amended by changing Section 10-50 as follows: HB0862 Enrolled - 8 - LRB104 04759 SPS 14786 b 1 (20 ILCS 1305/10-50) 2 Sec. 10-50. Illinois Steps for Attaining Higher Education 3 through Academic Development Program established. The Illinois 4 Steps for Attaining Higher Education through Academic 5 Development ("Illinois Steps AHEAD") program is established in 6 the Illinois Department of Human Services. Illinois Steps 7 AHEAD shall provide educational services and post-secondary 8 educational scholarships for low-income middle and high school 9 students. Program components shall include increased parent 10 involvement, creative and engaging academic support for 11 students, career exploration programs, college preparation, 12 and increased collaboration with local schools. The Illinois 13 Department of Human Services shall administer the program. The 14 Department shall implement the program only if federal funding 15 is made available for that purpose. All moneys received 16 pursuant to the federal Gaining Early Awareness and Readiness 17 for Undergraduate Programs shall be deposited into the Gaining 18 Early Awareness and Readiness for Undergraduate Programs Fund, 19 a special fund hereby created in the State treasury. Moneys in 20 this fund shall be appropriated to the Department of Human 21 Services and expended for the purposes and activities 22 specified by the federal agency making the grant. All interest 23 earnings on amounts in the Gaining Early Awareness and 24 Readiness for Undergraduate Programs Fund shall accrue to the 25 Gaining Early Awareness and Readiness for Undergraduate 26 Programs Fund and be used in accordance with 34 CFR C.F.R. HB0862 Enrolled - 9 - LRB104 04759 SPS 14786 b 1 75.703. Notwithstanding any other provision of law, on July 1, 2 2026 or as soon thereafter as practical, the State Comptroller 3 shall direct and the State Treasurer shall transfer the 4 remaining balance from the Gaining Early Awareness and 5 Readiness for Undergraduate Programs Fund into the General 6 Revenue Fund. Upon completion of the transfers, the Gaining 7 Early Awareness and Readiness for Undergraduate Programs Fund 8 is dissolved, and any future deposits due to that Fund and any 9 outstanding obligations or liabilities of that Fund shall pass 10 to the General Revenue Fund. This Section is repealed on 11 January 1, 2027. 12 (Source: P.A. 94-1043, eff. 7-24-06.) 13 Section 5-35. The Domestic Violence Shelters Act is 14 amended by adding Section 3.5 as follows: 15 (20 ILCS 1310/3.5 new) 16 Sec. 3.5. Domestic Violence Shelter and Service Fund. 17 There is created in the State treasury a special fund known as 18 the Domestic Violence Shelter and Service Fund. The State 19 Treasurer shall deposit into the Domestic Violence Shelter and 20 Service Fund each assessment received under the Criminal and 21 Traffic Assessment Act. Moneys deposited into the Fund shall 22 be appropriated to the Department of Human Services for the 23 purpose of providing services specified by this Act. HB0862 Enrolled - 10 - LRB104 04759 SPS 14786 b 1 (20 ILCS 1310/3.2 rep.) 2 Section 5-40. The Domestic Violence Shelters Act is 3 amended by repealing Section 3.2. 4 Section 5-45. The Department of Human Services (Mental 5 Health and Developmental Disabilities) Law of the Civil 6 Administrative Code of Illinois is amended by changing Section 7 1710-100 as follows: 8 (20 ILCS 1710/1710-100) (was 20 ILCS 1710/53d) 9 Sec. 1710-100. Grants to Special Olympics Illinois. The 10 Department shall make grants to Special Olympics Illinois for 11 area and statewide athletic competitions from appropriations 12 to the Department from the Special Olympics Illinois Fund, a 13 special fund created in the State treasury. Notwithstanding 14 any other provision of law, on July 1, 2027 or as soon 15 thereafter as practical, the State Comptroller shall direct 16 and the State Treasurer shall transfer the remaining balance 17 from the Special Olympics Illinois Fund into the Special 18 Olympics Illinois and Special Children's Charities Fund. Upon 19 completion of the transfers, the Special Olympics Illinois 20 Fund is dissolved, and any future deposits due to that Fund and 21 any outstanding obligations or liabilities of that Fund shall 22 pass to the Special Olympics Illinois and Special Children's 23 Charities Fund. This Section is repealed on January 1, 2028. 24 (Source: P.A. 95-523, eff. 6-1-08; 95-876, eff. 8-21-08.) HB0862 Enrolled - 11 - LRB104 04759 SPS 14786 b 1 Section 5-50. The Department of Professional Regulation 2 Law of the Civil Administrative Code of Illinois is amended by 3 changing Section 2105-15 and by adding Section 2105-15.2 as 4 follows: 5 (20 ILCS 2105/2105-15) 6 Sec. 2105-15. General powers and duties. 7 (a) The Department has, subject to the provisions of the 8 Civil Administrative Code of Illinois, the following powers 9 and duties: 10 (1) To authorize examinations in English to ascertain 11 the qualifications and fitness of applicants to exercise 12 the profession, trade, or occupation for which the 13 examination is held. 14 (2) To prescribe rules and regulations for a fair and 15 wholly impartial method of examination of candidates to 16 exercise the respective professions, trades, or 17 occupations. 18 (3) To pass upon the qualifications of applicants for 19 licenses, certificates, and authorities, whether by 20 examination, by reciprocity, or by endorsement. 21 (4) To prescribe rules and regulations defining, for 22 the respective professions, trades, and occupations, what 23 shall constitute a school, college, or university, or 24 department of a university, or other institution, HB0862 Enrolled - 12 - LRB104 04759 SPS 14786 b 1 reputable and in good standing, and to determine the 2 reputability and good standing of a school, college, or 3 university, or department of a university, or other 4 institution, reputable and in good standing, by reference 5 to a compliance with those rules and regulations; 6 provided, that no school, college, or university, or 7 department of a university, or other institution that 8 refuses admittance to applicants solely on account of 9 race, color, creed, sex, sexual orientation, or national 10 origin shall be considered reputable and in good standing. 11 (5) To conduct hearings on proceedings to revoke, 12 suspend, refuse to renew, place on probationary status, or 13 take other disciplinary action as authorized in any 14 licensing Act administered by the Department with regard 15 to licenses, certificates, or authorities of persons 16 exercising the respective professions, trades, or 17 occupations and to revoke, suspend, refuse to renew, place 18 on probationary status, or take other disciplinary action 19 as authorized in any licensing Act administered by the 20 Department with regard to those licenses, certificates, or 21 authorities. 22 The Department shall issue a monthly disciplinary 23 report. 24 The Department shall refuse to issue or renew a 25 license to, or shall suspend or revoke a license of, any 26 person who, after receiving notice, fails to comply with a HB0862 Enrolled - 13 - LRB104 04759 SPS 14786 b 1 subpoena or warrant relating to a paternity or child 2 support proceeding. However, the Department may issue a 3 license or renewal upon compliance with the subpoena or 4 warrant. 5 The Department, without further process or hearings, 6 shall revoke, suspend, or deny any license or renewal 7 authorized by the Civil Administrative Code of Illinois to 8 a person who is certified by the Department of Healthcare 9 and Family Services (formerly Illinois Department of 10 Public Aid) as being more than 30 days delinquent in 11 complying with a child support order or who is certified 12 by a court as being in violation of the Non-Support 13 Punishment Act for more than 60 days. The Department may, 14 however, issue a license or renewal if the person has 15 established a satisfactory repayment record as determined 16 by the Department of Healthcare and Family Services 17 (formerly Illinois Department of Public Aid) or if the 18 person is determined by the court to be in compliance with 19 the Non-Support Punishment Act. The Department may 20 implement this paragraph as added by Public Act 89-6 21 through the use of emergency rules in accordance with 22 Section 5-45 of the Illinois Administrative Procedure Act. 23 For purposes of the Illinois Administrative Procedure Act, 24 the adoption of rules to implement this paragraph shall be 25 considered an emergency and necessary for the public 26 interest, safety, and welfare. HB0862 Enrolled - 14 - LRB104 04759 SPS 14786 b 1 (6) To transfer jurisdiction of any realty under the 2 control of the Department to any other department of the 3 State Government or to acquire or accept federal lands 4 when the transfer, acquisition, or acceptance is 5 advantageous to the State and is approved in writing by 6 the Governor. 7 (7) To formulate rules and regulations necessary for 8 the enforcement of any Act administered by the Department. 9 (8) To exchange with the Department of Healthcare and 10 Family Services information that may be necessary for the 11 enforcement of child support orders entered pursuant to 12 the Illinois Public Aid Code, the Illinois Marriage and 13 Dissolution of Marriage Act, the Non-Support of Spouse and 14 Children Act, the Non-Support Punishment Act, the Revised 15 Uniform Reciprocal Enforcement of Support Act, the Uniform 16 Interstate Family Support Act, the Illinois Parentage Act 17 of 1984, or the Illinois Parentage Act of 2015. 18 Notwithstanding any provisions in this Code to the 19 contrary, the Department of Financial and Professional 20 Regulation shall not be liable under any federal or State 21 law to any person for any disclosure of information to the 22 Department of Healthcare and Family Services (formerly 23 Illinois Department of Public Aid) under this paragraph 24 (8) or for any other action taken in good faith to comply 25 with the requirements of this paragraph (8). 26 (8.3) To exchange information with the Department of HB0862 Enrolled - 15 - LRB104 04759 SPS 14786 b 1 Human Rights regarding recommendations received under 2 paragraph (B) of Section 8-109 of the Illinois Human 3 Rights Act regarding a licensee or candidate for licensure 4 who has committed a civil rights violation that may lead 5 to the refusal, suspension, or revocation of a license 6 from the Department. 7 (8.5) To accept continuing education credit for 8 mandated reporter training on how to recognize and report 9 child abuse offered by the Department of Children and 10 Family Services and completed by any person who holds a 11 professional license issued by the Department and who is a 12 mandated reporter under the Abused and Neglected Child 13 Reporting Act. The Department shall adopt any rules 14 necessary to implement this paragraph. 15 (9) To perform other duties prescribed by law. 16 (a-5) Except in cases involving delinquency in complying 17 with a child support order or violation of the Non-Support 18 Punishment Act and notwithstanding anything that may appear in 19 any individual licensing Act or administrative rule, no person 20 or entity whose license, certificate, or authority has been 21 revoked as authorized in any licensing Act administered by the 22 Department may apply for restoration of that license, 23 certification, or authority until 3 years after the effective 24 date of the revocation. 25 (b) (Blank). 26 (c) For the purpose of securing and preparing evidence, HB0862 Enrolled - 16 - LRB104 04759 SPS 14786 b 1 and for the purchase of controlled substances, professional 2 services, and equipment necessary for enforcement activities, 3 recoupment of investigative costs, and other activities 4 directed at suppressing the misuse and abuse of controlled 5 substances, including those activities set forth in Sections 6 504 and 508 of the Illinois Controlled Substances Act, the 7 Director and agents appointed and authorized by the Director 8 may expend sums from the General Professions Dedicated 9 Professional Regulation Evidence Fund that the Director deems 10 necessary from the amounts appropriated for that purpose. 11 Those sums may be advanced to the agent when the Director deems 12 that procedure to be in the public interest. Sums for the 13 purchase of controlled substances, professional services, and 14 equipment necessary for enforcement activities and other 15 activities as set forth in this Section shall be advanced to 16 the agent who is to make the purchase from the General 17 Professions Dedicated Professional Regulation Evidence Fund on 18 vouchers signed by the Director. The Director and those agents 19 are authorized to maintain one or more commercial checking 20 accounts with any State banking corporation or corporations 21 organized under or subject to the Illinois Banking Act for the 22 deposit and withdrawal of moneys to be used for the purposes 23 set forth in this Section; provided, that no check may be 24 written nor any withdrawal made from any such account except 25 upon the written signatures of 2 persons designated by the 26 Director to write those checks and make those withdrawals. HB0862 Enrolled - 17 - LRB104 04759 SPS 14786 b 1 Vouchers for those expenditures must be signed by the 2 Director. All such expenditures shall be audited by the 3 Director, and the audit shall be submitted to the Department 4 of Central Management Services for approval. 5 (d) Whenever the Department is authorized or required by 6 law to consider some aspect of criminal history record 7 information for the purpose of carrying out its statutory 8 powers and responsibilities, then, upon request and payment of 9 fees in conformance with the requirements of Section 2605-400 10 of the Illinois State Police Law, the Illinois State Police is 11 authorized to furnish, pursuant to positive identification, 12 the information contained in State files that is necessary to 13 fulfill the request. 14 (e) The provisions of this Section do not apply to private 15 business and vocational schools as defined by Section 15 of 16 the Private Business and Vocational Schools Act of 2012. 17 (f) (Blank). 18 (f-5) Notwithstanding anything that may appear in any 19 individual licensing statute or administrative rule, the 20 Department shall allow an applicant to provide his or her 21 individual taxpayer identification number as an alternative to 22 providing a social security number when applying for a 23 license. 24 (g) Notwithstanding anything that may appear in any 25 individual licensing statute or administrative rule, the 26 Department shall deny any license application or renewal HB0862 Enrolled - 18 - LRB104 04759 SPS 14786 b 1 authorized under any licensing Act administered by the 2 Department to any person who has failed to file a return, or to 3 pay the tax, penalty, or interest shown in a filed return, or 4 to pay any final assessment of tax, penalty, or interest, as 5 required by any tax Act administered by the Illinois 6 Department of Revenue, until such time as the requirement of 7 any such tax Act are satisfied; however, the Department may 8 issue a license or renewal if the person has established a 9 satisfactory repayment record as determined by the Illinois 10 Department of Revenue. For the purpose of this Section, 11 "satisfactory repayment record" shall be defined by rule. 12 In addition, a complaint filed with the Department by the 13 Illinois Department of Revenue that includes a certification, 14 signed by its Director or designee, attesting to the amount of 15 the unpaid tax liability or the years for which a return was 16 not filed, or both, is prima facie evidence of the licensee's 17 failure to comply with the tax laws administered by the 18 Illinois Department of Revenue. Upon receipt of that 19 certification, the Department shall, without a hearing, 20 immediately suspend all licenses held by the licensee. 21 Enforcement of the Department's order shall be stayed for 60 22 days. The Department shall provide notice of the suspension to 23 the licensee by mailing a copy of the Department's order to the 24 licensee's address of record or emailing a copy of the order to 25 the licensee's email address of record. The notice shall 26 advise the licensee that the suspension shall be effective 60 HB0862 Enrolled - 19 - LRB104 04759 SPS 14786 b 1 days after the issuance of the Department's order unless the 2 Department receives, from the licensee, a request for a 3 hearing before the Department to dispute the matters contained 4 in the order. 5 Any suspension imposed under this subsection (g) shall be 6 terminated by the Department upon notification from the 7 Illinois Department of Revenue that the licensee is in 8 compliance with all tax laws administered by the Illinois 9 Department of Revenue. 10 The Department may promulgate rules for the administration 11 of this subsection (g). 12 (g-5) Notwithstanding anything that may appear in any 13 individual licensing statute or administrative rule, the 14 Department shall refuse the issuance or renewal of a license 15 to, or suspend or revoke the license of, any individual, 16 corporation, partnership, or other business entity that has 17 been found by the Illinois Workers' Compensation Commission or 18 the Department of Insurance to have failed to (i) secure 19 workers' compensation obligations in the manner required by 20 subsections (a) and (b) of Section 4 of the Workers' 21 Compensation Act, (ii) pay in full a fine or penalty imposed 22 due to a failure to secure workers' compensation obligations 23 in the manner required by subsections (a) and (b) of Section 4 24 of the Workers' Compensation Act, or (iii) fulfill all 25 obligations assumed pursuant to a settlement reached with the 26 Illinois Workers' Compensation Commission or the Department of HB0862 Enrolled - 20 - LRB104 04759 SPS 14786 b 1 Insurance relating to a failure to secure workers' 2 compensation obligations in the manner required by subsections 3 (a) and (b) of Section 4 of the Workers' Compensation Act. No 4 initial or renewal license shall be issued, and no suspended 5 license shall be reinstated, until such time that the 6 Department is notified by the Illinois Workers' Compensation 7 Commission or the Department of Insurance that the licensee's 8 or applicant's failure to comply with subsections (a) and (b) 9 of Section 4 of the Workers' Compensation Act has been 10 corrected or otherwise resolved to satisfaction of the 11 Illinois Workers' Compensation Commission or the Department of 12 Insurance. 13 In addition, a complaint filed with the Department by the 14 Illinois Workers' Compensation Commission or the Department of 15 Insurance that includes a certification, signed by its 16 Director or Chairman, or the Director or Chairman's designee, 17 attesting to a finding of the failure to secure workers' 18 compensation obligations in the manner required by subsections 19 (a) and (b) of Section 4 of the Workers' Compensation Act or 20 the failure to pay any fines or penalties or to discharge any 21 obligation under a settlement relating to the failure to 22 secure workers' compensation obligations in the manner 23 required by subsections (a) and (b) of Section 4 of the 24 Workers' Compensation Act is prima facie evidence of the 25 licensee's or applicant's failure to comply with subsections 26 (a) and (b) of Section 4 of the Workers' Compensation Act. Upon HB0862 Enrolled - 21 - LRB104 04759 SPS 14786 b 1 receipt of that certification, the Department shall, without a 2 hearing, immediately suspend all licenses held by the licensee 3 or the processing of any application from the applicant. 4 Enforcement of the Department's order shall be stayed for 60 5 days. The Department shall provide notice of the suspension to 6 the licensee by mailing a copy of the Department's order to the 7 licensee's address of record or emailing a copy of the order to 8 the licensee's email address of record. The notice shall 9 advise the licensee that the suspension shall be effective 60 10 days after the issuance of the Department's order unless the 11 Department receives from the licensee or applicant a request 12 for a hearing before the Department to dispute the matters 13 contained in the order. 14 Any suspension imposed under this subsection shall be 15 terminated by the Department upon notification from the 16 Illinois Workers' Compensation Commission or the Department of 17 Insurance that the licensee's or applicant's failure to comply 18 with subsections (a) and (b) of Section 4 of the Workers' 19 Compensation Act has been corrected or otherwise resolved to 20 the satisfaction of the Illinois Workers' Compensation 21 Commission or the Department of Insurance. 22 No license shall be suspended or revoked until after the 23 licensee is afforded any due process protection guaranteed by 24 statute or rule adopted by the Illinois Workers' Compensation 25 Commission or the Department of Insurance. 26 The Department may adopt rules for the administration of HB0862 Enrolled - 22 - LRB104 04759 SPS 14786 b 1 this subsection. 2 (h) The Department may grant the title "Retired", to be 3 used immediately adjacent to the title of a profession 4 regulated by the Department, to eligible retirees. For 5 individuals licensed under the Medical Practice Act of 1987, 6 the title "Retired" may be used in the profile required by the 7 Patients' Right to Know Act. The use of the title "Retired" 8 shall not constitute representation of current licensure, 9 registration, or certification. Any person without an active 10 license, registration, or certificate in a profession that 11 requires licensure, registration, or certification shall not 12 be permitted to practice that profession. 13 (i) The Department shall make available on its website 14 general information explaining how the Department utilizes 15 criminal history information in making licensure application 16 decisions, including a list of enumerated offenses that serve 17 as a statutory bar to licensure. 18 (Source: P.A. 102-538, eff. 8-20-21; 103-26, eff. 1-1-24; 19 103-605, eff. 7-1-24.) 20 (20 ILCS 2105/2105-15.2 new) 21 Sec. 2105-15.2. Professional Regulation Evidence Fund; 22 dissolution. On July 1, 2026 or as soon thereafter as 23 practical, the State Comptroller shall direct and the State 24 Treasurer shall transfer the remaining balance from the 25 Professional Regulation Evidence Fund into the General HB0862 Enrolled - 23 - LRB104 04759 SPS 14786 b 1 Professions Dedicated Fund. Upon completion of the transfer, 2 the Professional Regulation Evidence Fund is dissolved, and 3 any future deposits due to that Fund and any outstanding 4 obligations or liabilities of that Fund shall pass to the 5 General Professions Dedicated Fund. This Section is repealed 6 on January 1, 2027. 7 Section 5-60. The State Finance Act is amended by changing 8 Sections 5.02, 5.212, 5.229, 5.361, 5.488, 5.546, 5.629, 9 5.632, 5.674, 5.739, 5.757, 5.913, 6m, 6z-39, 6z-131, 8.14-1, 10 and 8.30 as follows: 11 (30 ILCS 105/5.02) (from Ch. 127, par. 141.02) 12 Sec. 5.02. The Air Transportation Revolving Fund. This 13 Section is repealed on January 1, 2028. 14 (Source: Laws 1919, p. 946.) 15 (30 ILCS 105/5.212) (from Ch. 127, par. 141.212) 16 Sec. 5.212. The Professional Regulation Evidence Fund. 17 This Section is repealed on January 1, 2027. 18 (Source: P.A. 85-4.) 19 (30 ILCS 105/5.229) (from Ch. 127, par. 141.229) 20 Sec. 5.229. The Fish and Wildlife Endowment Fund. This 21 Section is repealed on January 1, 2027. 22 (Source: P.A. 85-1209.) HB0862 Enrolled - 24 - LRB104 04759 SPS 14786 b 1 (30 ILCS 105/5.361) 2 Sec. 5.361. The Special Olympics Illinois Fund. This 3 Section is repealed on January 1, 2028. 4 (Source: Repealed by P.A. 95-331, eff. 8-21-07. Reenacted and 5 changed by P.A. 95-523, eff. 6-1-08 .) 6 (30 ILCS 105/5.488) 7 Sec. 5.488. The Port Development Revolving Loan Fund. This 8 Section is repealed on January 1, 2027. 9 (Source: P.A. 99-933, eff. 1-27-17.) 10 (30 ILCS 105/5.546) 11 Sec. 5.546. The Digital Divide Elimination Infrastructure 12 Fund. This Section is repealed on January 1, 2027. 13 (Source: P.A. 92-22, eff. 6-30-01; 92-651, eff. 7-11-02.) 14 (30 ILCS 105/5.629) 15 Sec. 5.629. The Accessible Electronic Information Service 16 Fund. This Section is repealed on January 1, 2027. 17 (Source: P.A. 95-331, eff. 8-21-07.) 18 (30 ILCS 105/5.632) 19 Sec. 5.632. The Safe Bottled Water Fund. This Section is 20 repealed on January 1, 2028. 21 (Source: P.A. 95-331, eff. 8-21-07.) HB0862 Enrolled - 25 - LRB104 04759 SPS 14786 b 1 (30 ILCS 105/5.674) 2 Sec. 5.674. The Gaining Early Awareness and Readiness for 3 Undergraduate Programs Fund. This Section is repealed on 4 January 1, 2027. 5 (Source: P.A. 94-1043, eff. 7-24-06; 95-331, eff. 8-21-07.) 6 (30 ILCS 105/5.739) 7 Sec. 5.739. The Roadside Memorial Fund. This Section is 8 repealed on January 1, 2027. 9 (Source: P.A. 96-667, eff. 8-25-09; 96-1000, eff. 7-2-10.) 10 (30 ILCS 105/5.757) 11 Sec. 5.757. The Employment of Illinois Workers on Public 12 Works Projects Fund. This Section is repealed on January 1, 13 2027. 14 (Source: P.A. 96-929, eff. 6-16-10; 97-333, eff. 8-12-11.) 15 (30 ILCS 105/5.913) 16 Sec. 5.913. The School STEAM Grant Program Fund. This 17 Section is repealed on January 1, 2027. 18 (Source: P.A. 101-561, eff. 8-23-19; 102-558, eff. 8-20-21.) 19 (30 ILCS 105/6m) (from Ch. 127, par. 142m) 20 Sec. 6m. All fees and other moneys received by the 21 Department of Transportation from any officer, department or HB0862 Enrolled - 26 - LRB104 04759 SPS 14786 b 1 agency of the State for providing air transportation to or for 2 such officer, department or agency shall be paid (i) through 3 June 30, 2027 into the Air Transportation Revolving Fund and 4 (ii) beginning July 1, 2027 into the Aeronautics Fund . The 5 moneys in the Air Transportation Revolving Fund this fund 6 shall be used by the Department of Transportation only for 7 equipment, personnel, operational expenses and such other 8 expenses as may be incidental to providing air transportation 9 for officers, departments or agencies of the State Government. 10 On July 1, 2027 or as soon thereafter as practical, the State 11 Comptroller shall direct and the State Treasurer shall 12 transfer the remaining balance from the Air Transportation 13 Revolving Fund into the Aeronautics Fund. Upon completion of 14 the transfer, the Air Transportation Revolving Fund is 15 dissolved, and any future deposits due to that Fund and any 16 outstanding obligations or liabilities of that Fund shall pass 17 to the Aeronautics Fund. 18 (Source: P.A. 81-840.) 19 (30 ILCS 105/6z-39) 20 Sec. 6z-39. Federal Financing Cost Reimbursement Fund. The 21 Governor's Office of Management and Budget shall be the State 22 coordinator and representative with the United States 23 Department of the Treasury for purposes of implementing the 24 federal Cash Management Improvement Act of 1990. 25 The Governor's Office of Management and Budget shall: HB0862 Enrolled - 27 - LRB104 04759 SPS 14786 b 1 negotiate Treasury-State agreements; develop and file annual 2 reports; establish the net State liability; determine State 3 agency shares of the net State liability; direct State 4 agencies to pay or transfer moneys into the Federal Financing 5 Cost Reimbursement Fund , a State trust fund in the State 6 treasury ; and initiate payments of the net State liability to 7 the U.S. Treasury out of the Federal Financing Cost 8 Reimbursement Fund. Agencies shall make payments or transfers 9 to the Federal Financing Cost Reimbursement Fund as directed 10 by the Governor's Office of Management and Budget and shall 11 otherwise cooperate with the Governor's Office of Management 12 and Budget to implement the federal Cash Management 13 Improvement Act of 1990. 14 (Source: P.A. 94-793, eff. 5-19-06.) 15 (30 ILCS 105/6z-131) 16 Sec. 6z-131. Agriculture Federal Projects Fund. The 17 Agriculture Federal Projects Fund is established as a federal 18 trust fund in the State treasury. This Fund is established to 19 receive funds from all federal departments and agencies, 20 including grants and awards. In addition, the Fund may also 21 receive interagency receipts from other State agencies and 22 funds from other public and private sources. Moneys in the 23 Agriculture Federal Projects Fund shall be held by the State 24 Treasurer as ex officio custodian and shall be used for the 25 specific purposes established by the terms and conditions of HB0862 Enrolled - 28 - LRB104 04759 SPS 14786 b 1 the federal grant or award and for other authorized expenses 2 in accordance with federal requirements. Other moneys 3 deposited into the Fund may be used for purposes associated 4 with the federally financed projects. Notwithstanding any 5 other provision of law, on July 1, 2026 or as soon thereafter 6 as practical, the State Comptroller shall direct and the State 7 Treasurer shall transfer the remaining balance from the 8 Federal Agricultural Marketing Services Fund into the 9 Agriculture Federal Projects Fund. Upon completion of the 10 transfer, the Federal Agricultural Marketing Services Fund is 11 dissolved, and any future deposits due to that Fund and any 12 outstanding obligations or liabilities of that Fund shall pass 13 to the Agriculture Federal Projects Fund. 14 (Source: P.A. 102-699, eff. 4-19-22; 103-154, eff. 6-30-23.) 15 (30 ILCS 105/8.14-1) (from Ch. 127, par. 144.14-1) 16 Sec. 8.14-1. Appropriations for equipment, personnel, 17 operational expenses and such other expenses incident to 18 providing air transportation for officers, departments or 19 agencies of the State government may be payable from the Air 20 Transportation Revolving Fund or, beginning in State fiscal 21 year 2028, the Aeronautics Fund . 22 (Source: Laws 1968, p. 474.) 23 (30 ILCS 105/8.30) (from Ch. 127, par. 144.30) 24 Sec. 8.30. All moneys received from the issuance of HB0862 Enrolled - 29 - LRB104 04759 SPS 14786 b 1 Lifetime Hunting, Fishing or Sportsmen's Combination Licenses 2 under Section 20-45 of the Fish and Aquatic Life Code shall be 3 deposited into the Fish and Wildlife Endowment Fund. All 4 interest earned and accrued from moneys monies deposited into 5 in the Fish and Wildlife Endowment Fund shall be deposited 6 monthly by the State Treasurer in the Fish and Wildlife 7 Endowment Fund. The Treasurer upon request of the Director of 8 the Department of Natural Resources from time to time may 9 transfer amounts from the Fish and Wildlife Endowment Fund to 10 the Wildlife and Fish Fund, but the annual transfers shall not 11 exceed the annual interest accrued to the Fish and Wildlife 12 Endowment Fund. 13 Notwithstanding any other provision of law, in addition to 14 any other transfers that may be provided by law, on July 1, 15 2026 or as soon thereafter as practical, the State Comptroller 16 shall direct and the State Treasurer shall transfer the 17 remaining balance from the Fish and Wildlife Endowment Fund 18 into the Wildlife and Fish Fund. Upon completion of the 19 transfer, the Fish and Wildlife Endowment Fund is dissolved, 20 and any future deposits due to that Fund and any outstanding 21 obligations or liabilities of that Fund pass to the Wildlife 22 and Fish Fund. 23 This Section is repealed on January 1, 2027. 24 (Source: P.A. 89-445, eff. 2-7-96.) 25 (30 ILCS 105/5.408 rep.) HB0862 Enrolled - 30 - LRB104 04759 SPS 14786 b 1 (30 ILCS 105/5.700 rep.) 2 (30 ILCS 105/5.704 rep.) 3 (30 ILCS 105/5.774 rep.) 4 (30 ILCS 105/5.829 rep.) 5 (30 ILCS 105/5.959 rep.) 6 (30 ILCS 105/5.992 rep.) 7 (30 ILCS 105/5.997 rep.) 8 (30 ILCS 105/5.1010 rep.) 9 (30 ILCS 105/5.1030 rep.) 10 (30 ILCS 105/6b-4 rep.) 11 (30 ILCS 105/6z-136 rep.) 12 (30 ILCS 105/6z-137 rep.) 13 Section 5-65. The State Finance Act is amended by 14 repealing Sections 5.408, 5.700, 5.704, 5.774, 5.829, 5.959, 15 5.992, 5.997, 5.1010, 5.1030 as added by Public Act 104-259, 16 6b-4, 6z-136, and 6z-137. 17 Section 5-70. The Employment of Illinois Workers on Public 18 Works Act is amended by changing Section 7.10 as follows: 19 (30 ILCS 570/7.10) 20 Sec. 7.10. Disposition of proceeds Employment of Illinois 21 Workers on Public Works Projects Fund . All moneys received by 22 the Department as civil penalties under this Act shall be 23 deposited into the Employee Classification Fund Employment of 24 Illinois Workers on Public Works Projects Fund and shall be HB0862 Enrolled - 31 - LRB104 04759 SPS 14786 b 1 used, subject to appropriation by the General Assembly, by the 2 Department for administration, investigation, and other 3 expenses incurred in carrying out its powers and duties under 4 this Act . The Department shall hire as many investigators and 5 other personnel as may be necessary to carry out the purposes 6 of this Act. Notwithstanding any other provision of law, in 7 addition to any other transfers that may be provided by law, on 8 July 1, 2026 or as soon thereafter as practical, the State 9 Comptroller shall direct and the State Treasurer shall 10 transfer the remaining balance from the Employment of Illinois 11 Workers on Public Works Projects Fund into the Employee 12 Classification Fund. Upon completion of the transfer, the 13 Employment of Illinois Workers on Public Works Projects Fund 14 is dissolved, and any future deposits due to that Fund and any 15 outstanding obligations or liabilities of that Fund pass to 16 the Employee Classification Fund Any moneys in the Fund at the 17 end of a fiscal year in excess of those moneys necessary for 18 the Department to carry out its powers and duties under this 19 Act shall be available for appropriation to the Department for 20 the next fiscal year for any of the Department's duties . 21 (Source: P.A. 96-929, eff. 6-16-10.) 22 Section 5-75. The Build Illinois Act is amended by 23 changing Section 9-11 as follows: 24 (30 ILCS 750/9-11) HB0862 Enrolled - 32 - LRB104 04759 SPS 14786 b 1 Sec. 9-11. Port Development Revolving Loan Program. 2 (1) There is created in the State treasury Treasury the 3 Port Development Revolving Loan Fund, referred to in this 4 Section as the Fund. Moneys in the Fund may be appropriated for 5 the purposes of the Port Development Revolving Loan Program 6 created by this Section to be administered by the Department 7 of Commerce and Economic Opportunity in order to facilitate 8 and enhance the utilization of Illinois' navigable waterways 9 or the development of inland intermodal freight facilities or 10 both. The Department may adopt rules for the administration of 11 the Program. 12 The General Assembly may make appropriations for the 13 purposes of the Program. Repayment of loans made to individual 14 port districts shall be paid back into the Fund to establish an 15 ongoing revolving loan fund to facilitate continuing port 16 development activities in the State. 17 (2) Loan funds from the Program shall be made available to 18 Illinois port districts on a competitive basis. In order to 19 obtain assistance under the Program, a port district must 20 submit a comprehensive application to the Department for 21 consideration. 22 Projects eligible for funding under the Program must be 23 intermodal facilities and within the scope of powers and 24 responsibilities as granted in each port district's enabling 25 legislation. Loan funds shall not be used for working capital 26 or administrative purposes by the port district. HB0862 Enrolled - 33 - LRB104 04759 SPS 14786 b 1 (3) The maximum amount which may be loaned from the 2 Program to fund any one project is $3,000,000. Program funds 3 may be used for up to 50% of an individual project financing. 4 The balance of financing for an individual project must be 5 secured by the respective district. 6 The maximum loan term shall be for 20 years with an 7 interest rate of 5% per annum. Principal and interest payments 8 shall be made on a semi-annual basis. 9 (4) In order to receive a loan from the Program, a port 10 district must: 11 (a) demonstrate that the proposed project shall 12 generate sufficient revenue to support amortization of the 13 loan and be willing to pledge revenues from the project to 14 loan repayment or 15 (b) demonstrate that the port district can financially 16 support debt service payments through general revenue 17 sources of the port district and pledge the full faith and 18 credit of the port district to loan repayment. 19 In order to achieve the requirement of paragraph (a) of 20 this subsection (4), the port district may use guarantees 21 provided under facility operating agreements or guaranteed 22 facility use agreements from private concerns to demonstrate 23 loan repayment ability. 24 Certain infrastructure facilities developed under the 25 Program may be general use public facilities where there is 26 not a definitive and guaranteed revenue stream to support the HB0862 Enrolled - 34 - LRB104 04759 SPS 14786 b 1 project, nevertheless the facilities are important to 2 facilitate overall long term port development objectives. In 3 such cases, the full faith and credit of the port district may 4 be used as loan collateral. 5 (5) A loan agreement shall be executed between the port 6 district and the State stipulating all of the terms and 7 conditions of the loan. The Department shall release funds on 8 a reimbursement basis for eligible costs of the project as 9 incurred. The port district shall certify to the Department 10 that expenses incurred during construction are in accordance 11 with plans and specifications as approved by the Department. 12 Funds may be drawn once per month during construction of the 13 project. 14 (6) The loan agreement shall contain customary and usual 15 loan default provisions in the event the port district fails 16 to make the required payments. The loan agreement shall 17 stipulate the State's recourse in curing any default. 18 In the event a port district becomes delinquent in 19 payments to the State, that port district shall not be 20 eligible for any future loans until the delinquency is 21 remedied. 22 (7) Individual port district project applications shall 23 include the following: 24 (a) Statement of purpose. A description of the project 25 shall be submitted along with the project's anticipated 26 overall effect on meeting port district objectives. HB0862 Enrolled - 35 - LRB104 04759 SPS 14786 b 1 (b) Project impact. The anticipated net effects of the 2 project shall be enumerated. These impacts may include the 3 economic impact to the State, employment impact, 4 intermodal freight impacts, and environmental impacts. 5 (c) Cost estimates and preliminary project layout. The 6 overall project development cost estimate and general site 7 and or facility drawings. 8 (d) Proposed loan amount. A statement as to the amount 9 proposed from the Program and the port district's 10 intentions as to the source of other financing for the 11 project. 12 (e) Business Pro Forma Proforma . A detailed business 13 pro forma proforma must be supplied which estimates 14 facility/project revenues as well as operating costs and 15 debt service. 16 (f) Loan collateral and guarantees. The port 17 district's intentions as to how it intends to 18 collateralize the loan amount, including third party 19 guarantees, pledging of project and facility revenue, or 20 pledging general revenues of the district. 21 (8) The Department shall annually invite Illinois port 22 districts to submit projects for consideration under the 23 Program. The Department shall perform a cost/benefit analysis 24 of each project to determine if a project meets minimum 25 requirements for eligibility. Those applications which meet 26 minimum criteria shall then be ranked by the overall net HB0862 Enrolled - 36 - LRB104 04759 SPS 14786 b 1 positive impact on the State. 2 (a) Minimum criteria shall include: 3 (i) positive cost/benefit ratio; 4 (ii) demonstrated economic feasibility of the 5 project; and 6 (iii) the ability of the port district to repay 7 the loan. 8 (b) Ranking criteria may include: 9 (i) a cost/benefit ratio of project in relation to 10 other projects; 11 (ii) product tonnage to be handled; 12 (iii) product value to be handled; 13 (iv) soundness of business proposition; 14 (v) positive intermodal impacts of Illinois 15 transportation system; 16 (vi) meets overall State transportation 17 objectives; 18 (vii) economic impact to the State; or 19 (viii) environ
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