HB3249 EnrolledLRB101 07760 AMC 52809 b

1    AN ACT to revise the law by combining multiple enactments
2and making technical corrections.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Nature of this Act.
6    (a) This Act may be cited as the First 2019 General
7Revisory Act.
8    (b) This Act is not intended to make any substantive change
9in the law. It reconciles conflicts that have arisen from
10multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12    This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19    (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

 

 

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1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4    (d) Public Acts 100-534 through 100-1177 were considered in
5the preparation of the combining revisories included in this
6Act. Many of those combining revisories contain no striking or
7underscoring because no additional changes are being made in
8the material that is being combined.
 
9    Section 5. The Regulatory Sunset Act is amended by changing
10Sections 4.29 and 4.39 as follows:
 
11    (5 ILCS 80/4.29)
12    Sec. 4.29. Act Acts repealed on December 31, 2019. The
13following Act is repealed on December 31, 2019:
14    The Medical Practice Act of 1987.
15(Source: P.A. 100-429, eff. 8-25-17; 100-716, eff. 8-3-18;
16100-796, eff. 8-10-18; revised 9-6-18.)
 
17    (5 ILCS 80/4.39)
18    Sec. 4.39. Acts Act repealed on January 1, 2029 and
19December 31, 2029.
20    (a) The following Act is repealed on January 1, 2029:
21        The Environmental Health Practitioner Licensing Act.
22    (b) The following Act is repealed on December 31, 2029:
23        The Structural Pest Control Act.

 

 

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1(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
2revised 9-6-18.)
 
3    Section 10. The Illinois Administrative Procedure Act is
4amended by changing Sections 5-30, 10-25, 10-50, and 10-75 as
5follows:
 
6    (5 ILCS 100/5-30)  (from Ch. 127, par. 1005-30)
7    Sec. 5-30. Regulatory flexibility. When an agency proposes
8a new rule or an amendment to an existing rule that may have an
9impact on small businesses, not for profit corporations, or
10small municipalities, the agency shall do each of the
11following:
12        (a) The agency shall consider each of the following
13    methods for reducing the impact of the rulemaking on small
14    businesses, not for profit corporations, or small
15    municipalities. The agency shall reduce the impact by
16    utilizing one or more of the following methods if it finds
17    that the methods are legal and feasible in meeting the
18    statutory objectives that are the basis of the proposed
19    rulemaking.
20            (1) Establish less stringent compliance or
21        reporting requirements in the rule for small
22        businesses, not for profit corporations, or small
23        municipalities.
24            (2) Establish less stringent schedules or

 

 

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1        deadlines in the rule for compliance or reporting
2        requirements for small businesses, not for profit
3        corporations, or small municipalities.
4            (3) Consolidate or simplify the rule's compliance
5        or reporting requirements for small businesses, not
6        for profit corporations, or small municipalities.
7            (4) Establish performance standards to replace
8        design or operational standards in the rule for small
9        businesses, not for profit corporations, or small
10        municipalities.
11            (5) Exempt small businesses, not for profit
12        corporations, or small municipalities from any or all
13        requirements of the rule.
14        (b) Before or during the notice period required under
15    subsection (b) of Section 5-40, the agency shall provide an
16    opportunity for small businesses, not for profit
17    corporations, or small municipalities to participate in
18    the rulemaking process. The agency shall utilize one or
19    more of the following techniques. These techniques are in
20    addition to other rulemaking requirements imposed by this
21    Act or by any other Act.
22            (1) The inclusion in any advance notice of possible
23        rulemaking of a statement that the rule may have an
24        impact on small businesses, not for profit
25        corporations, or small municipalities.
26            (2) The publication of a notice of rulemaking in

 

 

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1        publications likely to be obtained by small
2        businesses, not for profit corporations, or small
3        municipalities.
4            (3) The direct notification of interested small
5        businesses, not for profit corporations, or small
6        municipalities.
7            (4) The conduct of public hearings concerning the
8        impact of the rule on small businesses, not for profit
9        corporations, or small municipalities.
10            (5) The use of special hearing or comment
11        procedures to reduce the cost or complexity of
12        participation in the rulemaking by small businesses,
13        not for profit corporations, or small municipalities.
14        (c) Prior to the filing for publication in the Illinois
15    Register of any proposed rule or amendment that may have an
16    adverse impact on small businesses, each agency must
17    prepare an economic impact analysis which shall be filed
18    with the proposed rule and publicized in the Illinois
19    Register together with the proposed rule. The economic
20    impact analysis shall include the following:
21            (1) An identification of the types and estimate of
22        the number of the small businesses subject to the
23        proposed rule or amendment. The agency shall identify
24        the types of businesses subject to the proposed rule
25        using the following 2-digit codes from the North
26        American Industry Classification System (NAICS):

 

 

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1                11 Agriculture, Forestry, Fishing and Hunting.
2                21 Mining.
3                22 Utilities.
4                23 Construction.
5                31-33 Manufacturing.
6                42 Wholesale Trade.
7                44-45 Retail Trade.
8                48-49 Transportation and Warehousing.
9                51 Information.
10                52 Finance and Insurance.
11                53 Real Estate Rental and Leasing.
12                54 Professional, Scientific, and Technical
13            Services.
14                55 Management of Companies and Enterprises.
15                56 Administrative and Support and Waste
16            Management and Remediation Services.
17                61 Educational Services.
18                62 Health Care and Social Assistance.
19                71 Arts, Entertainment, and Recreation.
20                72 Accommodation and Food Services.
21                81 Other Services (except Public
22            Administration).
23                92 Public Administration.
24            The agency shall also identify the impact of the
25        proposed rule by identifying as many of the following
26        categories that the agency reasonably believes the

 

 

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1        proposed rule will impact:
2                A. Hiring and additional staffing.
3                B. Regulatory requirements.
4                C. Purchasing.
5                D. Insurance changes.
6                E. Licensing fees.
7                F. Equipment and material needs.
8                G. Training requirements.
9                H. Recordkeeping Record keeping.
10                I. Compensation and benefits.
11                J. Other potential impacted categories.
12            (2) The projected reporting, recordkeeping, and
13        other administrative costs required for compliance
14        with the proposed rule or amendment, including the type
15        of professional skills necessary for preparation of
16        the report or record.
17            (3) A statement of the probable positive or
18        negative economic effect on impacted small businesses.
19            (4) A description of any less intrusive or less
20        costly alternative methods of achieving the purpose of
21        the proposed rule or amendment. The alternatives must
22        be consistent with the stated objectives of the
23        applicable statutes and the proposed rulemaking.
24        The Department of Commerce and Economic Opportunity
25    shall place notification of all proposed rules affecting
26    small business on its website. The notification shall

 

 

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1    include the information provided by the agency under this
2    subsection (c) together with the summary of the proposed
3    rule published by the Joint Committee on Administrative
4    Rules in the Flinn Report.
5        The Business Assistance Office shall prepare an impact
6    analysis of the rule or amendment describing its effect on
7    small businesses whenever the Office believes, in its
8    discretion, that an analysis is warranted or whenever
9    requested to do so by 25 interested persons, an association
10    representing at least 100 interested persons, the
11    Governor, a unit of local government, or the Joint
12    Committee on Administrative Rules. The impact analysis
13    shall be completed before or within the notice period as
14    described in subsection (b) of Section 5-40. Upon
15    completion of any analysis in accordance with this
16    subsection (c), the preparing agency or the Business
17    Assistance Office shall submit the analysis to the Joint
18    Committee on Administrative Rules, to any interested
19    person who requested the analysis, and, if the agency
20    prepared the analysis, to the Business Assistance Office.
21        For purposes of this subsection (c), "small business"
22    means a business with fewer than 50 full-time employees or
23    less than $4,000,000 in gross annual sales.
24        This subsection does not apply to rules and standards
25    described in paragraphs (1) through (5) of subsection (c)
26    of Section 1-5.

 

 

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1(Source: P.A. 100-688, eff. 1-1-19; revised 10-10-18.)
 
2    (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)
3    Sec. 10-25. Contested cases; notice; hearing.
4    (a) In a contested case, all parties shall be afforded an
5opportunity for a hearing after reasonable notice. The notice
6shall be served personally, by certified or registered mail, by
7email as provided by Section 10-75, or as otherwise provided by
8law upon the parties or their agents appointed to receive
9service of process and shall include the following:
10        (1) A statement of the time, place, and nature of the
11    hearing.
12        (2) A statement of the legal authority and jurisdiction
13    under which the hearing is to be held.
14        (3) A reference to the particular Sections of the
15    substantive and procedural statutes and rules involved.
16        (4) Except where a more detailed statement is otherwise
17    provided for by law, a short and plain statement of the
18    matters asserted, the consequences of a failure to respond,
19    and the official file or other reference number.
20        (5) To the extent such information is available, the
21    names, phone numbers, email addresses, and mailing
22    addresses of the administrative law judge, or designated
23    agency contact, the parties, and all other persons to whom
24    the agency gives notice of the hearing unless otherwise
25    confidential by law.

 

 

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1    (b) An opportunity shall be afforded all parties to be
2represented by legal counsel and to respond and present
3evidence and argument.
4    (c) Unless precluded by law, disposition may be made of any
5contested case by stipulation, agreed settlement, consent
6order, or default.
7(Source: P.A. 100-880, eff. 1-1-19; revised 10-10-18.)
 
8    (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
9    Sec. 10-50. Decisions and orders.
10    (a) A final decision or order adverse to a party (other
11than the agency) in a contested case shall be in writing or
12stated in the record. A final decision shall include findings
13of fact and conclusions of law, separately stated. Findings of
14fact, if set forth in statutory language, shall be accompanied
15by a concise and explicit statement of the underlying facts
16supporting the findings. If, in accordance with agency rules, a
17party submitted proposed findings of fact, the decision shall
18include a ruling upon each proposed finding. Parties or their
19agents appointed to receive service of process shall be
20notified either personally, by registered or certified mail, or
21by email as provided by Section 10-75, or as otherwise provided
22by law. Upon request a copy of the decision or order shall be
23delivered or mailed forthwith to each party and to his attorney
24of record.
25    (b) All agency orders shall specify whether they are final

 

 

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1and subject to the Administrative Review Law. Every final order
2shall contain a list of all parties of record to the case
3including the name and address of the agency or officer
4entering the order and the addresses of each party as known to
5the agency where the parties may be served with pleadings,
6notices, or service of process for any review or further
7proceedings. Every final order shall also state whether the
8rules of the agency require any motion or request for
9reconsideration and cite the rule for the requirement. The
10changes made by this amendatory Act of the 100th General
11Assembly apply to all actions filed under the Administrative
12Review Law on or after the effective date of this amendatory
13Act of the 100th General Assembly.
14    (c) A decision by any agency in a contested case under this
15Act shall be void unless the proceedings are conducted in
16compliance with the provisions of this Act relating to
17contested cases, except to the extent those provisions are
18waived under Section 10-70 and except to the extent the agency
19has adopted its own rules for contested cases as authorized in
20Section 1-5.
21(Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;
22revised 10-10-18.)
 
23    (5 ILCS 100/10-75)
24    Sec. 10-75. Service by email.
25    (a) The following requirements shall apply for consenting

 

 

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1to accept service by email:
2        (1) At any time either before or after its issuance of
3    a hearing notice as described in Section 10-25, an agency
4    may require any attorney representing a party to the
5    hearing to provide one or more email addresses at which he
6    or she they shall accept service of documents described in
7    Sections 10-25 and 10-50 in connection with the hearing. A
8    party represented by an attorney may provide the email
9    address of the attorney.
10        (2) To the extent a person or entity is subject to
11    licensure, permitting, or regulation by the agency, or
12    submits an application for licensure or permitting to the
13    agency, that agency may require, as a condition of such
14    application, licensure, permitting, or regulation, that
15    such persons or entities consent to service by email of the
16    documents described in Sections 10-25 and 10-50 for any
17    hearings that may arise in connection with such
18    application, licensure or regulation, provided that the
19    agency: (i) requires that any person or entity providing
20    such an email address update that email address if it is
21    changed; and (ii) annually verifies that email address.
22        (3) At any time either before or after its issuance of
23    a hearing notice as described in Section 10-25, an agency
24    may request, but not require, an unrepresented party that
25    is not subject to paragraph (2) of this subsection (a) to
26    consent to accept service by email of the documents

 

 

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1    described in Sections 10-25 and 10-50 by designating an
2    email address at which they will accept service.
3        (4) Any person or entity who submits an email address
4    under this Section shall also be given the option to
5    designate no more than two secondary email addresses at
6    which the person or entity consents to accept service,
7    provided that, if any secondary email address is
8    designated, an agency must serve the documents to both the
9    designated primary and secondary email addresses.
10    (b) Notwithstanding any party's consent to accept service
11by email, no document described in Section Sections 10-25 or
1210-50 may be served by email to the extent the document
13contains:
14        (1) a Social Security or individual taxpayer
15    identification number;
16        (2) a driver's license number;
17        (3) a financial account number;
18        (4) a debit or credit card number;
19        (5) any other information that could reasonably be
20    deemed personal, proprietary, confidential, or trade
21    secret information; or
22        (6) any information about or concerning a minor.
23    (c) Service by email is deemed complete on the day of
24transmission. Agencies that use email to serve documents under
25Sections 10-25 and 10-50 shall adopt rules that specify the
26standard for confirming delivery, and in failure to confirm

 

 

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1delivery, what steps the agency will take to ensure that
2service by email or other means is accomplished.
3    (d) This Section shall not apply with respect to any
4service of notice other than under this Act.
5(Source: P.A. 100-880, eff. 1-1-19; revised 10-10-18.)
 
6    Section 15. The Freedom of Information Act is amended by
7changing Sections 3 and 7.5 as follows:
 
8    (5 ILCS 140/3)  (from Ch. 116, par. 203)
9    Sec. 3. (a) Each public body shall make available to any
10person for inspection or copying all public records, except as
11otherwise provided in Sections 7 and 8.5 of this Act.
12Notwithstanding any other law, a public body may not grant to
13any person or entity, whether by contract, license, or
14otherwise, the exclusive right to access and disseminate any
15public record as defined in this Act.
16    (b) Subject to the fee provisions of Section 6 of this Act,
17each public body shall promptly provide, to any person who
18submits a request, a copy of any public record required to be
19disclosed by subsection (a) of this Section and shall certify
20such copy if so requested.
21    (c) Requests for inspection or copies shall be made in
22writing and directed to the public body. Written requests may
23be submitted to a public body via personal delivery, mail,
24telefax, or other means available to the public body. A public

 

 

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1body may honor oral requests for inspection or copying. A
2public body may not require that a request be submitted on a
3standard form or require the requester to specify the purpose
4for a request, except to determine whether the records are
5requested for a commercial purpose or whether to grant a
6request for a fee waiver. All requests for inspection and
7copying received by a public body shall immediately be
8forwarded to its Freedom of Information officer or designee.
9    (d) Each public body shall, promptly, either comply with or
10deny a request for public records within 5 business days after
11its receipt of the request, unless the time for response is
12properly extended under subsection (e) of this Section. Denial
13shall be in writing as provided in Section 9 of this Act.
14Failure to comply with a written request, extend the time for
15response, or deny a request within 5 business days after its
16receipt shall be considered a denial of the request. A public
17body that fails to respond to a request within the requisite
18periods in this Section but thereafter provides the requester
19with copies of the requested public records may not impose a
20fee for such copies. A public body that fails to respond to a
21request received may not treat the request as unduly burdensome
22under subsection (g).
23    (e) The time for response under this Section may be
24extended by the public body for not more than 5 business days
25from the original due date for any of the following reasons:
26        (i) the requested records are stored in whole or in

 

 

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1    part at other locations than the office having charge of
2    the requested records;
3        (ii) the request requires the collection of a
4    substantial number of specified records;
5        (iii) the request is couched in categorical terms and
6    requires an extensive search for the records responsive to
7    it;
8        (iv) the requested records have not been located in the
9    course of routine search and additional efforts are being
10    made to locate them;
11        (v) the requested records require examination and
12    evaluation by personnel having the necessary competence
13    and discretion to determine if they are exempt from
14    disclosure under Section 7 of this Act or should be
15    revealed only with appropriate deletions;
16        (vi) the request for records cannot be complied with by
17    the public body within the time limits prescribed by
18    subsection (d) paragraph (c) of this Section without unduly
19    burdening or interfering with the operations of the public
20    body;
21        (vii) there is a need for consultation, which shall be
22    conducted with all practicable speed, with another public
23    body or among 2 two or more components of a public body
24    having a substantial interest in the determination or in
25    the subject matter of the request.
26    The person making a request and the public body may agree

 

 

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1in writing to extend the time for compliance for a period to be
2determined by the parties. If the requester and the public body
3agree to extend the period for compliance, a failure by the
4public body to comply with any previous deadlines shall not be
5treated as a denial of the request for the records.
6    (f) When additional time is required for any of the above
7reasons, the public body shall, within 5 business days after
8receipt of the request, notify the person making the request of
9the reasons for the extension and the date by which the
10response will be forthcoming. Failure to respond within the
11time permitted for extension shall be considered a denial of
12the request. A public body that fails to respond to a request
13within the time permitted for extension but thereafter provides
14the requester with copies of the requested public records may
15not impose a fee for those copies. A public body that requests
16an extension and subsequently fails to respond to the request
17may not treat the request as unduly burdensome under subsection
18(g).
19    (g) Requests calling for all records falling within a
20category shall be complied with unless compliance with the
21request would be unduly burdensome for the complying public
22body and there is no way to narrow the request and the burden
23on the public body outweighs the public interest in the
24information. Before invoking this exemption, the public body
25shall extend to the person making the request an opportunity to
26confer with it in an attempt to reduce the request to

 

 

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1manageable proportions. If any public body responds to a
2categorical request by stating that compliance would unduly
3burden its operation and the conditions described above are
4met, it shall do so in writing, specifying the reasons why it
5would be unduly burdensome and the extent to which compliance
6will so burden the operations of the public body. Such a
7response shall be treated as a denial of the request for
8information.
9    Repeated requests from the same person for the same records
10that are unchanged or identical to records previously provided
11or properly denied under this Act shall be deemed unduly
12burdensome under this provision.
13    (h) Each public body may promulgate rules and regulations
14in conformity with the provisions of this Section pertaining to
15the availability of records and procedures to be followed,
16including:
17        (i) the times and places where such records will be
18    made available, and
19        (ii) the persons from whom such records may be
20    obtained.
21    (i) The time periods for compliance or denial of a request
22to inspect or copy records set out in this Section shall not
23apply to requests for records made for a commercial purpose,
24requests by a recurrent requester, or voluminous requests. Such
25requests shall be subject to the provisions of Sections 3.1,
263.2, and 3.6 of this Act, as applicable.

 

 

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1(Source: P.A. 98-1129, eff. 12-3-14; revised 9-17-18.)
 
2    (5 ILCS 140/7.5)
3    Sec. 7.5. Statutory exemptions. To the extent provided for
4by the statutes referenced below, the following shall be exempt
5from inspection and copying:
6        (a) All information determined to be confidential
7    under Section 4002 of the Technology Advancement and
8    Development Act.
9        (b) Library circulation and order records identifying
10    library users with specific materials under the Library
11    Records Confidentiality Act.
12        (c) Applications, related documents, and medical
13    records received by the Experimental Organ Transplantation
14    Procedures Board and any and all documents or other records
15    prepared by the Experimental Organ Transplantation
16    Procedures Board or its staff relating to applications it
17    has received.
18        (d) Information and records held by the Department of
19    Public Health and its authorized representatives relating
20    to known or suspected cases of sexually transmissible
21    disease or any information the disclosure of which is
22    restricted under the Illinois Sexually Transmissible
23    Disease Control Act.
24        (e) Information the disclosure of which is exempted
25    under Section 30 of the Radon Industry Licensing Act.

 

 

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1        (f) Firm performance evaluations under Section 55 of
2    the Architectural, Engineering, and Land Surveying
3    Qualifications Based Selection Act.
4        (g) Information the disclosure of which is restricted
5    and exempted under Section 50 of the Illinois Prepaid
6    Tuition Act.
7        (h) Information the disclosure of which is exempted
8    under the State Officials and Employees Ethics Act, and
9    records of any lawfully created State or local inspector
10    general's office that would be exempt if created or
11    obtained by an Executive Inspector General's office under
12    that Act.
13        (i) Information contained in a local emergency energy
14    plan submitted to a municipality in accordance with a local
15    emergency energy plan ordinance that is adopted under
16    Section 11-21.5-5 of the Illinois Municipal Code.
17        (j) Information and data concerning the distribution
18    of surcharge moneys collected and remitted by carriers
19    under the Emergency Telephone System Act.
20        (k) Law enforcement officer identification information
21    or driver identification information compiled by a law
22    enforcement agency or the Department of Transportation
23    under Section 11-212 of the Illinois Vehicle Code.
24        (l) Records and information provided to a residential
25    health care facility resident sexual assault and death
26    review team or the Executive Council under the Abuse

 

 

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1    Prevention Review Team Act.
2        (m) Information provided to the predatory lending
3    database created pursuant to Article 3 of the Residential
4    Real Property Disclosure Act, except to the extent
5    authorized under that Article.
6        (n) Defense budgets and petitions for certification of
7    compensation and expenses for court appointed trial
8    counsel as provided under Sections 10 and 15 of the Capital
9    Crimes Litigation Act. This subsection (n) shall apply
10    until the conclusion of the trial of the case, even if the
11    prosecution chooses not to pursue the death penalty prior
12    to trial or sentencing.
13        (o) Information that is prohibited from being
14    disclosed under Section 4 of the Illinois Health and
15    Hazardous Substances Registry Act.
16        (p) Security portions of system safety program plans,
17    investigation reports, surveys, schedules, lists, data, or
18    information compiled, collected, or prepared by or for the
19    Regional Transportation Authority under Section 2.11 of
20    the Regional Transportation Authority Act or the St. Clair
21    County Transit District under the Bi-State Transit Safety
22    Act.
23        (q) Information prohibited from being disclosed by the
24    Personnel Record Records Review Act.
25        (r) Information prohibited from being disclosed by the
26    Illinois School Student Records Act.

 

 

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1        (s) Information the disclosure of which is restricted
2    under Section 5-108 of the Public Utilities Act.
3        (t) All identified or deidentified health information
4    in the form of health data or medical records contained in,
5    stored in, submitted to, transferred by, or released from
6    the Illinois Health Information Exchange, and identified
7    or deidentified health information in the form of health
8    data and medical records of the Illinois Health Information
9    Exchange in the possession of the Illinois Health
10    Information Exchange Authority due to its administration
11    of the Illinois Health Information Exchange. The terms
12    "identified" and "deidentified" shall be given the same
13    meaning as in the Health Insurance Portability and
14    Accountability Act of 1996, Public Law 104-191, or any
15    subsequent amendments thereto, and any regulations
16    promulgated thereunder.
17        (u) Records and information provided to an independent
18    team of experts under the Developmental Disability and
19    Mental Health Safety Act (also known as Brian's Law).
20        (v) Names and information of people who have applied
21    for or received Firearm Owner's Identification Cards under
22    the Firearm Owners Identification Card Act or applied for
23    or received a concealed carry license under the Firearm
24    Concealed Carry Act, unless otherwise authorized by the
25    Firearm Concealed Carry Act; and databases under the
26    Firearm Concealed Carry Act, records of the Concealed Carry

 

 

HB3249 Enrolled- 23 -LRB101 07760 AMC 52809 b

1    Licensing Review Board under the Firearm Concealed Carry
2    Act, and law enforcement agency objections under the
3    Firearm Concealed Carry Act.
4        (w) Personally identifiable information which is
5    exempted from disclosure under subsection (g) of Section
6    19.1 of the Toll Highway Act.
7        (x) Information which is exempted from disclosure
8    under Section 5-1014.3 of the Counties Code or Section
9    8-11-21 of the Illinois Municipal Code.
10        (y) Confidential information under the Adult
11    Protective Services Act and its predecessor enabling
12    statute, the Elder Abuse and Neglect Act, including
13    information about the identity and administrative finding
14    against any caregiver of a verified and substantiated
15    decision of abuse, neglect, or financial exploitation of an
16    eligible adult maintained in the Registry established
17    under Section 7.5 of the Adult Protective Services Act.
18        (z) Records and information provided to a fatality
19    review team or the Illinois Fatality Review Team Advisory
20    Council under Section 15 of the Adult Protective Services
21    Act.
22        (aa) Information which is exempted from disclosure
23    under Section 2.37 of the Wildlife Code.
24        (bb) Information which is or was prohibited from
25    disclosure by the Juvenile Court Act of 1987.
26        (cc) Recordings made under the Law Enforcement

 

 

HB3249 Enrolled- 24 -LRB101 07760 AMC 52809 b

1    Officer-Worn Body Camera Act, except to the extent
2    authorized under that Act.
3        (dd) Information that is prohibited from being
4    disclosed under Section 45 of the Condominium and Common
5    Interest Community Ombudsperson Act.
6        (ee) Information that is exempted from disclosure
7    under Section 30.1 of the Pharmacy Practice Act.
8        (ff) Information that is exempted from disclosure
9    under the Revised Uniform Unclaimed Property Act.
10        (gg) Information that is prohibited from being
11    disclosed under Section 7-603.5 of the Illinois Vehicle
12    Code.
13        (hh) Records that are exempt from disclosure under
14    Section 1A-16.7 of the Election Code.
15        (ii) Information which is exempted from disclosure
16    under Section 2505-800 of the Department of Revenue Law of
17    the Civil Administrative Code of Illinois.
18        (jj) Information and reports that are required to be
19    submitted to the Department of Labor by registering day and
20    temporary labor service agencies but are exempt from
21    disclosure under subsection (a-1) of Section 45 of the Day
22    and Temporary Labor Services Act.
23        (kk) Information prohibited from disclosure under the
24    Seizure and Forfeiture Reporting Act.
25        (ll) Information the disclosure of which is restricted
26    and exempted under Section 5-30.8 of the Illinois Public

 

 

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1    Aid Code.
2        (mm) (ll) Records that are exempt from disclosure under
3    Section 4.2 of the Crime Victims Compensation Act.
4        (nn) (ll) Information that is exempt from disclosure
5    under Section 70 of the Higher Education Student Assistance
6    Act.
7(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
8eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
999-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
10100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
118-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
12eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
13100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
1410-12-18.)
 
15    Section 20. The Illinois Notary Public Act is amended by
16changing Section 7-108 as follows:
 
17    (5 ILCS 312/7-108)  (from Ch. 102, par. 207-108)
18    Sec. 7-108. Reprimand, suspension, and revocation of
19commission.
20    (a) The Secretary of State may revoke the commission of any
21notary public who, during the current term of appointment:
22        (1) submits an application for commission and
23    appointment as a notary public which contains substantial
24    and material misstatement or omission of fact; or

 

 

HB3249 Enrolled- 26 -LRB101 07760 AMC 52809 b

1        (2) is convicted of any felony, misdemeanors,
2    including those defined in Part C, Articles 16, 17, 18, 19,
3    and 21, and Part E, Articles 31, 32, and 33 of the Criminal
4    Code of 2012, or official misconduct under this Act.
5    (b) Whenever the Secretary of State believes that a
6violation of this Article has occurred, he or she may
7investigate any such violation. The Secretary may also
8investigate possible violations of this Article upon a signed
9written complaint on a form designated by the Secretary.
10    (c) A notary's failure to cooperate or respond to an
11investigation by the Secretary of State is a failure by the
12notary to fully and faithfully discharge the responsibilities
13and duties of a notary and shall result in suspension or
14revocation of the notary's commission.
15    (d) All written complaints which on their face appear to
16establish facts which, if proven true, would constitute an act
17of misrepresentation or fraud in notarization or on the part of
18the notary shall be investigated by the Secretary of State to
19determine whether cause exists to reprimand, suspend, or revoke
20the commission of the notary.
21    (e) The Secretary of State may deliver a written official
22warning and reprimand to a notary, or may revoke or suspend a
23notary's commission, for any of the following:
24        (1) a notary's official misconduct, as defined under
25    Section 7-104;
26        (2) any ground for which an application for appointment

 

 

HB3249 Enrolled- 27 -LRB101 07760 AMC 52809 b

1    as a notary may be denied for failure to complete
2    application requirements as provided under Section 2-102;
3        (3) any prohibited act provided under Section 6-104; or
4        (4) a violation of any provision of the general
5    statutes.
6    (f) After investigation and upon a determination by the
7Secretary of State that one or more prohibited acts have has
8been performed in the notarization of a document, the Secretary
9shall, after considering the extent of the prohibited act and
10the degree of culpability of the notary, order one or more of
11the following courses of action:
12        (1) issue a letter of warning to the notary, including
13    the Secretary's findings;
14        (2) order suspension of the commission of the notary
15    for a period of time designated by the Secretary;
16        (3) order revocation of the commission of the notary;
17        (4) refer the allegations to the appropriate State's
18    Attorney's Office or the Attorney General for criminal
19    investigation; or
20        (5) refer the allegations to the Illinois Attorney
21    Registration and Disciplinary Commission for disciplinary
22    proceedings.
23    (g) After a notary receives notice from the Secretary of
24State that his or her commission has been revoked, that notary
25shall immediately deliver his or her official seal to the
26Secretary.

 

 

HB3249 Enrolled- 28 -LRB101 07760 AMC 52809 b

1    (h) A notary whose appointment has been revoked due to a
2violation of this Act shall not be eligible for a new
3commission as a notary public in this State for a period of at
4least 5 years from the date of the final revocation.
5    (i) A notary may voluntarily resign from appointment by
6notifying the Secretary of State in writing of his or her
7intention to do so, and by physically returning his or her
8stamp to the Secretary. A voluntary resignation shall not stop
9or preclude any investigation into a notary's conduct, or
10prevent further suspension or revocation by the Secretary, who
11may pursue any such investigation to a conclusion and issue any
12finding.
13    (j) Upon a determination by a sworn law enforcement officer
14that the allegations raised by the complaint are founded, and
15the notary has received notice of suspension or revocation from
16the Secretary of State, the notary is entitled to an
17administrative hearing.
18    (k) The Secretary of State shall adopt administrative
19hearing rules applicable to this Section that are consistent
20with the Illinois Administrative Procedure Act.
21(Source: P.A. 100-809, eff. 1-1-19; revised 10-10-18.)
 
22    Section 25. The State Employee Indemnification Act is
23amended by changing Section 1 as follows:
 
24    (5 ILCS 350/1)  (from Ch. 127, par. 1301)

 

 

HB3249 Enrolled- 29 -LRB101 07760 AMC 52809 b

1    Sec. 1. Definitions. For the purpose of this Act:
2    (a) The term "State" means the State of Illinois, the
3General Assembly, the court, or any State office, department,
4division, bureau, board, commission, or committee, the
5governing boards of the public institutions of higher education
6created by the State, the Illinois National Guard, the Illinois
7State Guard, the Comprehensive Health Insurance Board, any
8poison control center designated under the Poison Control
9System Act that receives State funding, or any other agency or
10instrumentality of the State. It does not mean any local public
11entity as that term is defined in Section 1-206 of the Local
12Governmental and Governmental Employees Tort Immunity Act or a
13pension fund.
14    (b) The term "employee" means: any present or former
15elected or appointed officer, trustee or employee of the State,
16or of a pension fund; any present or former commissioner or
17employee of the Executive Ethics Commission or of the
18Legislative Ethics Commission; any present or former
19Executive, Legislative, or Auditor General's Inspector
20General; any present or former employee of an Office of an
21Executive, Legislative, or Auditor General's Inspector
22General; any present or former member of the Illinois National
23Guard while on active duty; any present or former member of the
24Illinois State Guard while on State active duty; individuals or
25organizations who contract with the Department of Corrections,
26the Department of Juvenile Justice, the Comprehensive Health

 

 

HB3249 Enrolled- 30 -LRB101 07760 AMC 52809 b

1Insurance Board, or the Department of Veterans' Affairs to
2provide services; individuals or organizations who contract
3with the Department of Human Services (as successor to the
4Department of Mental Health and Developmental Disabilities) to
5provide services including but not limited to treatment and
6other services for sexually violent persons; individuals or
7organizations who contract with the Department of Military
8Affairs for youth programs; individuals or organizations who
9contract to perform carnival and amusement ride safety
10inspections for the Department of Labor; individuals who
11contract with the Office of the State's Attorneys Appellate
12Prosecutor to provide legal services, but only when performing
13duties within the scope of the Office's prosecutorial
14activities; individual representatives of or designated
15organizations authorized to represent the Office of State
16Long-Term Ombudsman for the Department on Aging; individual
17representatives of or organizations designated by the
18Department on Aging in the performance of their duties as adult
19protective services agencies or regional administrative
20agencies under the Adult Protective Services Act; individuals
21or organizations appointed as members of a review team or the
22Advisory Council under the Adult Protective Services Act;
23individuals or organizations who perform volunteer services
24for the State where such volunteer relationship is reduced to
25writing; individuals who serve on any public entity (whether
26created by law or administrative action) described in paragraph

 

 

HB3249 Enrolled- 31 -LRB101 07760 AMC 52809 b

1(a) of this Section; individuals or not for profit
2organizations who, either as volunteers, where such volunteer
3relationship is reduced to writing, or pursuant to contract,
4furnish professional advice or consultation to any agency or
5instrumentality of the State; individuals who serve as foster
6parents for the Department of Children and Family Services when
7caring for youth in care as defined in Section 4d of the
8Children and Family Services Act; individuals who serve as
9members of an independent team of experts under the
10Developmental Disability and Mental Health Safety Act (also
11known as Brian's Law); and individuals who serve as arbitrators
12pursuant to Part 10A of Article II of the Code of Civil
13Procedure and the rules of the Supreme Court implementing Part
1410A, each as now or hereafter amended; the term "employee" does
15not mean an independent contractor except as provided in this
16Section. The term includes an individual appointed as an
17inspector by the Director of State Police when performing
18duties within the scope of the activities of a Metropolitan
19Enforcement Group or a law enforcement organization
20established under the Intergovernmental Cooperation Act. An
21individual who renders professional advice and consultation to
22the State through an organization which qualifies as an
23"employee" under the Act is also an employee. The term includes
24the estate or personal representative of an employee.
25    (c) The term "pension fund" means a retirement system or
26pension fund created under the Illinois Pension Code.

 

 

HB3249 Enrolled- 32 -LRB101 07760 AMC 52809 b

1(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18;
2revised 10-18-18.)
 
3    Section 30. The State Employment Records Act is amended by
4changing Section 20 as follows:
 
5    (5 ILCS 410/20)
6    Sec. 20. Reports. State agencies shall collect, classify,
7maintain, and report all information required by this Act on a
8fiscal year basis. Agencies shall file, as public information
9and by January 1, 1993 and each year thereafter, a copy of all
10reports required by this Act with the Office of the Secretary
11of State, and shall submit an annual report to the Governor.
12     Each agency's annual report shall include a description of
13the agency's activities in implementing the State Hispanic
14Employment Plan, the State Asian-American Employment Plan, and
15the bilingual employment plan in accordance with the reporting
16requirements developed by the Department of Central Management
17Services pursuant to Section 405-125 of the Department of
18Central Management Services Law of the Civil Administrative
19Code of Illinois.
20    In addition to submitting the agency work force report,
21each executive branch constitutional officer, each institution
22of higher education under the jurisdiction of the Illinois
23Board of Higher Education, each community college under the
24jurisdiction of the Illinois Community College Board, and the

 

 

HB3249 Enrolled- 33 -LRB101 07760 AMC 52809 b

1Illinois Toll Highway Authority shall report to the General
2Assembly by February 1 of each year its activities implementing
3strategies and programs, and its progress, in the hiring and
4promotion of Hispanics, Asian-Americans, and bilingual persons
5at supervisory, technical, professional, and managerial
6levels, including assessments of bilingual service needs and
7information received from the Auditor General pursuant to its
8periodic review responsibilities.
9(Source: P.A. 96-1286, eff. 1-1-11; 96-1341, eff. 7-27-10;
1097-856, eff. 7-27-12; revised 10-10-18.)
 
11    Section 35. The State Employee Housing Act is amended by
12changing Section 5-35 as follows:
 
13    (5 ILCS 412/5-35)
14    Sec. 5-35. Housing justification. The Department of
15Natural Resources, and the University of Illinois shall each
16develop written criteria for determining which employment
17positions necessitate provision of State housing. The criteria
18shall include the specific employee responsibilities that can
19only be performed effectively by occupying State housing.
20(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)
 
21    Section 40. The Illinois Governmental Ethics Act is amended
22by changing Section 4A-101 as follows:
 

 

 

HB3249 Enrolled- 34 -LRB101 07760 AMC 52809 b

1    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
2    Sec. 4A-101. Persons required to file. The following
3persons shall file verified written statements of economic
4interests, as provided in this Article:
5        (a) Members of the General Assembly and candidates for
6    nomination or election to the General Assembly.
7        (b) Persons holding an elected office in the Executive
8    Branch of this State, and candidates for nomination or
9    election to these offices.
10        (c) Members of a Commission or Board created by the
11    Illinois Constitution, and candidates for nomination or
12    election to such Commission or Board.
13        (d) Persons whose appointment to office is subject to
14    confirmation by the Senate and persons appointed by the
15    Governor to any other position on a board or commission
16    described in subsection (a) of Section 15 of the
17    Gubernatorial Boards and Commissions Act.
18        (e) Holders of, and candidates for nomination or
19    election to, the office of judge or associate judge of the
20    Circuit Court and the office of judge of the Appellate or
21    Supreme Court.
22        (f) Persons who are employed by any branch, agency,
23    authority or board of the government of this State,
24    including but not limited to, the Illinois State Toll
25    Highway Authority, the Illinois Housing Development
26    Authority, the Illinois Community College Board, and

 

 

HB3249 Enrolled- 35 -LRB101 07760 AMC 52809 b

1    institutions under the jurisdiction of the Board of
2    Trustees of the University of Illinois, Board of Trustees
3    of Southern Illinois University, Board of Trustees of
4    Chicago State University, Board of Trustees of Eastern
5    Illinois University, Board of Trustees of Governors
6    Governor's State University, Board of Trustees of Illinois
7    State University, Board of Trustees of Northeastern
8    Illinois University, Board of Trustees of Northern
9    Illinois University, Board of Trustees of Western Illinois
10    University, or Board of Trustees of the Illinois
11    Mathematics and Science Academy, and are compensated for
12    services as employees and not as independent contractors
13    and who:
14            (1) are, or function as, the head of a department,
15        commission, board, division, bureau, authority or
16        other administrative unit within the government of
17        this State, or who exercise similar authority within
18        the government of this State;
19            (2) have direct supervisory authority over, or
20        direct responsibility for the formulation,
21        negotiation, issuance or execution of contracts
22        entered into by the State in the amount of $5,000 or
23        more;
24            (3) have authority for the issuance or
25        promulgation of rules and regulations within areas
26        under the authority of the State;

 

 

HB3249 Enrolled- 36 -LRB101 07760 AMC 52809 b

1            (4) have authority for the approval of
2        professional licenses;
3            (5) have responsibility with respect to the
4        financial inspection of regulated nongovernmental
5        entities;
6            (6) adjudicate, arbitrate, or decide any judicial
7        or administrative proceeding, or review the
8        adjudication, arbitration or decision of any judicial
9        or administrative proceeding within the authority of
10        the State;
11            (7) have supervisory responsibility for 20 or more
12        employees of the State;
13            (8) negotiate, assign, authorize, or grant naming
14        rights or sponsorship rights regarding any property or
15        asset of the State, whether real, personal, tangible,
16        or intangible; or
17            (9) have responsibility with respect to the
18        procurement of goods or services.
19        (g) Persons who are elected to office in a unit of
20    local government, and candidates for nomination or
21    election to that office, including regional
22    superintendents of school districts.
23        (h) Persons appointed to the governing board of a unit
24    of local government, or of a special district, and persons
25    appointed to a zoning board, or zoning board of appeals, or
26    to a regional, county, or municipal plan commission, or to

 

 

HB3249 Enrolled- 37 -LRB101 07760 AMC 52809 b

1    a board of review of any county, and persons appointed to
2    the Board of the Metropolitan Pier and Exposition Authority
3    and any Trustee appointed under Section 22 of the
4    Metropolitan Pier and Exposition Authority Act, and
5    persons appointed to a board or commission of a unit of
6    local government who have authority to authorize the
7    expenditure of public funds. This subsection does not apply
8    to members of boards or commissions who function in an
9    advisory capacity.
10        (i) Persons who are employed by a unit of local
11    government and are compensated for services as employees
12    and not as independent contractors and who:
13            (1) are, or function as, the head of a department,
14        division, bureau, authority or other administrative
15        unit within the unit of local government, or who
16        exercise similar authority within the unit of local
17        government;
18            (2) have direct supervisory authority over, or
19        direct responsibility for the formulation,
20        negotiation, issuance or execution of contracts
21        entered into by the unit of local government in the
22        amount of $1,000 or greater;
23            (3) have authority to approve licenses and permits
24        by the unit of local government; this item does not
25        include employees who function in a ministerial
26        capacity;

 

 

HB3249 Enrolled- 38 -LRB101 07760 AMC 52809 b

1            (4) adjudicate, arbitrate, or decide any judicial
2        or administrative proceeding, or review the
3        adjudication, arbitration or decision of any judicial
4        or administrative proceeding within the authority of
5        the unit of local government;
6            (5) have authority to issue or promulgate rules and
7        regulations within areas under the authority of the
8        unit of local government; or
9            (6) have supervisory responsibility for 20 or more
10        employees of the unit of local government.
11        (j) Persons on the Board of Trustees of the Illinois
12    Mathematics and Science Academy.
13        (k) Persons employed by a school district in positions
14    that require that person to hold an administrative or a
15    chief school business official endorsement.
16        (l) Special government agents. A "special government
17    agent" is a person who is directed, retained, designated,
18    appointed, or employed, with or without compensation, by or
19    on behalf of a statewide executive branch constitutional
20    officer to make an ex parte communication under Section
21    5-50 of the State Officials and Employees Ethics Act or
22    Section 5-165 of the Illinois Administrative Procedure
23    Act.
24        (m) Members of the board of commissioners of any flood
25    prevention district created under the Flood Prevention
26    District Act or the Beardstown Regional Flood Prevention

 

 

HB3249 Enrolled- 39 -LRB101 07760 AMC 52809 b

1    District Act.
2        (n) Members of the board of any retirement system or
3    investment board established under the Illinois Pension
4    Code, if not required to file under any other provision of
5    this Section.
6        (o) Members of the board of any pension fund
7    established under the Illinois Pension Code, if not
8    required to file under any other provision of this Section.
9        (p) Members of the investment advisory panel created
10    under Section 20 of the Illinois Prepaid Tuition Act.
11    This Section shall not be construed to prevent any unit of
12local government from enacting financial disclosure
13requirements that mandate more information than required by
14this Act.
15(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,
16eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;
1797-754, eff. 7-6-12; revised 10-10-18.)
 
18    Section 45. The State Officials and Employees Ethics Act is
19amended by changing Section 25-5 as follows:
 
20    (5 ILCS 430/25-5)
21    Sec. 25-5. Legislative Ethics Commission.
22    (a) The Legislative Ethics Commission is created.
23    (b) The Legislative Ethics Commission shall consist of 8
24commissioners appointed 2 each by the President and Minority

 

 

HB3249 Enrolled- 40 -LRB101 07760 AMC 52809 b

1Leader of the Senate and the Speaker and Minority Leader of the
2House of Representatives.
3    The terms of the initial commissioners shall commence upon
4qualification. Each appointing authority shall designate one
5appointee who shall serve for a 2-year term running through
6June 30, 2005. Each appointing authority shall designate one
7appointee who shall serve for a 4-year term running through
8June 30, 2007. The initial appointments shall be made within 60
9days after the effective date of this Act.
10    After the initial terms, commissioners shall serve for
114-year terms commencing on July 1 of the year of appointment
12and running through June 30 of the fourth following year.
13Commissioners may be reappointed to one or more subsequent
14terms.
15    Vacancies occurring other than at the end of a term shall
16be filled by the appointing authority only for the balance of
17the term of the commissioner whose office is vacant.
18    Terms shall run regardless of whether the position is
19filled.
20    (c) The appointing authorities shall appoint commissioners
21who have experience holding governmental office or employment
22and may appoint commissioners who are members of the General
23Assembly as well as commissioners from the general public. A
24commissioner who is a member of the General Assembly must
25recuse himself or herself from participating in any matter
26relating to any investigation or proceeding in which he or she

 

 

HB3249 Enrolled- 41 -LRB101 07760 AMC 52809 b

1is the subject or is a complainant. A person is not eligible to
2serve as a commissioner if that person (i) has been convicted
3of a felony or a crime of dishonesty or moral turpitude, (ii)
4is, or was within the preceding 12 months, engaged in
5activities that require registration under the Lobbyist
6Registration Act, (iii) is a relative of the appointing
7authority, (iv) is a State officer or employee other than a
8member of the General Assembly, or (v) is a candidate for
9statewide office, federal office, or judicial office.
10    (c-5) If a commissioner is required to recuse himself or
11herself from participating in a matter as provided in
12subsection (c), the recusal shall create a temporary vacancy
13for the limited purpose of consideration of the matter for
14which the commissioner recused himself or herself, and the
15appointing authority for the recusing commissioner shall make a
16temporary appointment to fill the vacancy for consideration of
17the matter for which the commissioner recused himself or
18herself.
19    (d) The Legislative Ethics Commission shall have
20jurisdiction over current and former members of the General
21Assembly regarding events occurring during a member's term of
22office and current and former State employees regarding events
23occurring during any period of employment where the State
24employee's ultimate jurisdictional authority is (i) a
25legislative leader, (ii) the Senate Operations Commission, or
26(iii) the Joint Committee on Legislative Support Services. The

 

 

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1jurisdiction of the Commission is limited to matters arising
2under this Act.
3    An officer or executive branch State employee serving on a
4legislative branch board or commission remains subject to the
5jurisdiction of the Executive Ethics Commission and is not
6subject to the jurisdiction of the Legislative Ethics
7Commission.
8    (e) The Legislative Ethics Commission must meet, either in
9person or by other technological means, monthly or as often as
10necessary. At the first meeting of the Legislative Ethics
11Commission, the commissioners shall choose from their number a
12chairperson and other officers that they deem appropriate. The
13terms of officers shall be for 2 years commencing July 1 and
14running through June 30 of the second following year. Meetings
15shall be held at the call of the chairperson or any 3
16commissioners. Official action by the Commission shall require
17the affirmative vote of 5 commissioners, and a quorum shall
18consist of 5 commissioners. Commissioners shall receive no
19compensation but may be reimbursed for their reasonable
20expenses actually incurred in the performance of their duties.
21    (f) No commissioner, other than a commissioner who is a
22member of the General Assembly, or employee of the Legislative
23Ethics Commission may during his or her term of appointment or
24employment:
25        (1) become a candidate for any elective office;
26        (2) hold any other elected or appointed public office

 

 

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1    except for appointments on governmental advisory boards or
2    study commissions or as otherwise expressly authorized by
3    law;
4        (3) be actively involved in the affairs of any
5    political party or political organization; or
6        (4) advocate for the appointment of another person to
7    an appointed or elected office or position or actively
8    participate in any campaign for any elective office.
9    (f-5) No commissioner who is a member of the General
10Assembly may be a candidate for statewide office, federal
11office, or judicial office. If a commissioner who is a member
12of the General Assembly files petitions to be a candidate for a
13statewide office, federal office, or judicial office, he or she
14shall be deemed to have resigned from his or her position as a
15commissioner on the date his or her name is certified for the
16ballot by the State Board of Elections or local election
17authority and his or her position as a commissioner shall be
18deemed vacant. Such person may not be reappointed to the
19Commission during any time he or she is a candidate for
20statewide office, federal office, or judicial office.
21    (g) An appointing authority may remove a commissioner only
22for cause.
23    (h) The Legislative Ethics Commission shall appoint an
24Executive Director subject to the approval of at least 3 of the
254 legislative leaders. The compensation of the Executive
26Director shall be as determined by the Commission. The

 

 

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1Executive Director of the Legislative Ethics Commission may
2employ, subject to the approval of at least 3 of the 4
3legislative leaders, and determine the compensation of staff,
4as appropriations permit.
5    (i) In consultation with the Legislative Inspector
6General, the Legislative Ethics Commission may develop
7comprehensive training for members and employees under its
8jurisdiction that includes, but is not limited to, sexual
9harassment, employment discrimination, and workplace civility.
10The training may be recommended to the ultimate jurisdictional
11authorities and may be approved by the Commission to satisfy
12the sexual harassment training required under Section 5-10.5 or
13be provided in addition to the annual sexual harassment
14training required under Section 5-10.5. The Commission may seek
15input from governmental agencies or private entities for
16guidance in developing such training.
17(Source: P.A. 100-588, eff. 6-8-18; revised 10-11-18.)
 
18    Section 50. The State Commemorative Dates Act is amended by
19setting forth and renumbering multiple versions of Section 195
20as follows:
 
21    (5 ILCS 490/195)
22    Sec. 195. Illinois Statehood Day. December 3rd of each year
23is designated as Illinois Statehood Day, to be observed
24throughout the State as a day to commemorate December 3, 1818

 

 

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1as the day Illinois became the 21st State to join the Union.
2Each year, within 10 days before Illinois Statehood Day, the
3Governor shall issue a proclamation announcing the recognition
4of Statehood Day, and designate the official events that shall
5be held in honor of Illinois obtaining statehood on December 3,
61818.
7(Source: P.A. 100-898, eff. 1-1-19.)
 
8    (5 ILCS 490/196)
9    Sec. 196 195. Day of the Horse. The fifth day of March of
10each year shall be designated as the Day of the Horse, to be
11observed throughout the State as a day to encourage citizens to
12honor and celebrate the role of equines in the history and
13character of Illinois, and to recognize the benefits of the
14equine industry to the economy, agriculture, tourism, and
15quality of life in Illinois.
16(Source: P.A. 100-1033, eff. 8-22-18; revised 10-3-18.)
 
17    Section 55. The Community-Law Enforcement Partnership for
18Deflection and Substance Use Disorder Treatment Act is amended
19by changing Sections 15 and 35 as follows:
 
20    (5 ILCS 820/15)
21    Sec. 15. Authorization.
22    (a) Any law enforcement agency may establish a deflection
23program subject to the provisions of this Act in partnership

 

 

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1with one or more licensed providers of substance use disorder
2treatment services and one or more community members or
3organizations.
4    (b) The deflection program may involve a post-overdose
5deflection response, a self-referral deflection response, an
6active outreach deflection response, an officer prevention
7deflection response, or an officer intervention deflection
8response, or any combination of those.
9    (c) Nothing shall preclude the General Assembly from adding
10other responses to a deflection program, or preclude a law
11enforcement agency from developing a deflection program
12response based on a model unique and responsive to local
13issues, substance use or mental health needs, and partnerships,
14using sound and promising or evidence-based practices.
15    (c-5) Whenever appropriate and available, case management
16should be provided by a licensed treatment provider or other
17appropriate provider and may include peer recovery support
18approaches.
19    (d) To receive funding for activities as described in
20Section 35 of this Act, planning for the deflection program
21shall include:
22        (1) the involvement of one or more licensed treatment
23    programs and one or more community members member or
24    organizations organization; and
25        (2) an agreement with the Illinois Criminal Justice
26    Information Authority to collect and evaluate relevant

 

 

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1    statistical data related to the program, as established by
2    the Illinois Criminal Justice Information Authority in
3    paragraph (2) of subsection (a) of Section 25 of this Act.
4(Source: P.A. 100-1025, eff. 1-1-19; revised 10-3-18.)
 
5    (5 ILCS 820/35)
6    Sec. 35. Funding.
7    (a) The General Assembly may appropriate funds to the
8Illinois Criminal Justice Information Authority for the
9purpose of funding law enforcement agencies for services
10provided by deflection program partners as part of deflection
11programs subject to subsection (d) of Section 15 of this Act.
12    (b) The Illinois Criminal Justice Information Authority
13may adopt guidelines and requirements to direct the
14distribution of funds for expenses related to deflection
15programs. Funding shall be made available to support both new
16and existing deflection programs in a broad spectrum of
17geographic regions in this State, including urban, suburban,
18and rural communities. Activities eligible for funding under
19this Act may include, but are not limited to, the following:
20        (1) activities related to program administration,
21    coordination, or management, including, but not limited
22    to, the development of collaborative partnerships with
23    licensed treatment providers and community members or
24    organizations; collection of program data; or monitoring
25    of compliance with a local deflection program plan;

 

 

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1        (2) case management including case management provided
2    prior to assessment, diagnosis, and engagement in
3    treatment, as well as assistance navigating and gaining
4    access to various treatment modalities and support
5    services;
6        (3) peer recovery or recovery support services that
7    include the perspectives of persons with the experience of
8    recovering from a substance use disorder, either
9    themselves or as family members;
10        (4) transportation to a licensed treatment provider or
11    other program partner location;
12        (5) program evaluation activities.
13    (c) Specific linkage agreements with recovery support
14services or self-help entities may be a requirement of the
15program services protocols. All deflection programs shall
16encourage the involvement of key family members and significant
17others as a part of a family-based approach to treatment. All
18deflection programs are encouraged to use evidence-based
19practices and outcome measures in the provision of substance
20use disorder treatment and medication-assisted medication
21assisted treatment for persons with opioid use disorders.
22(Source: P.A. 100-1025, eff. 1-1-19; revised 10-3-18.)
 
23    Section 60. The Election Code is amended by changing
24Sections 3-4, 4-12, 5-15, 6-44, 6A-7, 7-2, 7-58, 17-22, and
2524A-10 as follows:
 

 

 

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1    (10 ILCS 5/3-4)  (from Ch. 46, par. 3-4)
2    Sec. 3-4. No patient who has resided for less than 180 days
3in any hospital or mental institution in this State, shall by
4virtue of his abode at such hospital or mental institution be
5deemed a resident or legal voter in the town, city, village or
6election district or precinct in which such hospital or mental
7institution may be situated; but every such person shall be
8deemed a resident of the town, city, village or election
9district or precinct in which he resided next prior to becoming
10a patient of such hospital or mental institution. However, the
11term "hospital" does not include skilled nursing facilities.
12(Source: P.A. 100-1110, eff. 8-28-18; revised 9-26-18.)
 
13    (10 ILCS 5/4-12)  (from Ch. 46, par. 4-12)
14    Sec. 4-12. Any voter or voters in the township, city,
15village or incorporated town containing such precinct, and any
16precinct committeeperson in the county, may, between the hours
17of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the second
18week prior to the week in which the 1970 primary election for
19the nomination of candidates for State and county offices or
20any election thereafter is to be held, make application in
21writing, to the county clerk, to have any name upon the
22register of any precinct erased. Such application shall be, in
23substance, in the words and figures following:
24    "I, being a qualified voter, registered from No. ....

 

 

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1Street in the .... precinct of the .... ward of the city
2(village or town of) .... (or of the .... town of ....) do
3hereby solemnly swear (or affirm) that .... registered from No.
4.... Street is not a qualified voter in the .... precinct of
5.... ward of the city (village or town) of .... (or of the ....
6town of ....) and hence I ask that his name be erased from the
7register of such precinct for the following reason .....
8    Affiant further says that he has personal knowledge of the
9facts set forth in the above affidavit.
10
(Signed) .....
11    Subscribed and sworn to before me on (insert date).
12
....
13
....
14
....."

 
15    Such application shall be signed and sworn to by the
16applicant before the county clerk or any deputy authorized by
17the county clerk for that purpose, and filed with said clerk.
18Thereupon notice of such application, and of the time and place
19of hearing thereon, with a demand to appear before the county
20clerk and show cause why his name shall not be erased from said
21register, shall be mailed, in an envelope duly stamped and
22directed to such person at the address upon said register, at
23least four days before the day fixed in said notice to show
24cause. If such person has provided the election authority with
25an e-mail address, then the election authority shall also send

 

 

HB3249 Enrolled- 51 -LRB101 07760 AMC 52809 b

1the same notice by electronic mail at least 4 days before the
2day fixed in said notice to show cause.
3    A like notice shall be mailed to the person or persons
4making the application to have the name upon such register
5erased to appear and show cause why said name should be erased,
6the notice to set out the day and hour of such hearing. If the
7voter making such application fails to appear before said clerk
8at the time set for the hearing as fixed in the said notice or
9fails to show cause why the name upon such register shall be
10erased, the application to erase may be dismissed by the county
11clerk.
12    Any voter making the application is privileged from arrest
13while presenting it to the county clerk, and while going to and
14from the office of the county clerk.
15(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
16    (10 ILCS 5/5-15)  (from Ch. 46, par. 5-15)
17    Sec. 5-15. Any voter or voters in the township, city,
18village, or incorporated town containing such precinct, and any
19precinct committeeperson in the county, may, between the hours
20of nine o'clock a.m. and six o'clock p.m. of the Monday and
21Tuesday of the third week immediately preceding the week in
22which such April 10, 1962 Primary Election is to be held, make
23application in writing, before such County Clerk, to have any
24name upon such register of any precinct erased. Thereafter such
25application shall be made between the hours of nine o'clock

 

 

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1a.m. and six o'clock p.m. of Monday and Tuesday of the second
2week prior to the week in which any county, city, village,
3township, or incorporated town election is to be held. Such
4application shall be in substance, in the words and figures
5following:
6    "I, being a qualified voter, registered from No. ....
7Street in the .... precinct of the .... Ward of the city
8(village or town of .... ) of the .... District .... town of
9.... do hereby solemnly swear (or affirm) that .... registered
10from No. .... Street is not a qualified voter in the ....
11precinct of the .... ward of the city (village or town) of ....
12or of the .... district town of .... hence I ask that his name
13be erased from the register of such precinct for the following
14reason ..... Affiant further says that he has personal
15knowledge of the facts set forth in the above affidavit.
16
(Signed) .....
17    Subscribed and sworn to before me on (insert date).
18
....
19
....
20
...."
21    Such application shall be signed and sworn to by the
22applicant before the County Clerk or any Deputy authorized by
23the County Clerk for that purpose, and filed with the Clerk.
24Thereupon notice of such application, with a demand to appear
25before the County Clerk and show cause why his name shall not
26be erased from the register, shall be mailed by special

 

 

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1delivery, duly stamped and directed, to such person, to the
2address upon said register at least 4 days before the day fixed
3in said notice to show cause. If such person has provided the
4election authority with an e-mail address, then the election
5authority shall also send the same notice by electronic mail at
6least 4 days before the day fixed in said notice to show cause.
7    A like notice shall be mailed to the person or persons
8making the application to have the name upon such register
9erased to appear and show cause why the name should be erased,
10the notice to set out the day and hour of such hearing. If the
11voter making such application fails to appear before the Clerk
12at the time set for the hearing as fixed in the said notice or
13fails to show cause why the name upon such register shall be
14erased, the application may be dismissed by the County Clerk.
15    Any voter making such application or applications shall be
16privileged from arrest while presenting the same to the County
17Clerk, and while whilst going to and returning from the office
18of the County Clerk.
19(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)
 
20    (10 ILCS 5/6-44)  (from Ch. 46, par. 6-44)
21    Sec. 6-44. Any voter or voters in the ward, village or
22incorporated town containing such precinct, and any precinct
23committeeperson in the county, may, between the hours of nine
24o'clock a.m. and six p.m. of Monday and Tuesday of the second
25week prior to the week in which such election is to be held

 

 

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1make application in writing, before such board of election
2commissioners, to have any name upon such register of any
3precinct erased. However, in municipalities having a
4population of more than 500,000 and having a board of election
5commissioners (except as otherwise provided for such
6municipalities in Section 6-60 of this Article) and in all
7cities, villages and incorporated towns within the
8jurisdiction of such board, such application shall be made
9between the hours of nine o'clock a.m. and six o'clock p.m. of
10Monday and Tuesday of the second week prior to the week in
11which such election is to be held. Such application shall be,
12in substance, in the words and figures following:
13    "I, being a qualified voter, registered from No. ....
14street in the .... precinct of the .... ward of the city
15(village or town) of .... do hereby solemnly swear (or affirm)
16that I have personal knowledge that .... registered from No.
17.... street is not a qualified voter in the .... precinct of
18the .... ward of the city (village or town) of .... and hence I
19ask that his name be erased from the register of such precinct
20for the following reason ....
21    Affiant further says that he has personal knowledge of the
22facts set forth in the above affidavit.
23
(Signed)....
24    Subscribed and sworn to before me on (insert date).
25
....
26
...."

 

 

HB3249 Enrolled- 55 -LRB101 07760 AMC 52809 b

1    Such application shall be signed and sworn to by the
2applicant before any member of the board or the clerk thereof
3and filed with said board. Thereupon notice of such
4application, with a demand to appear before the board of
5election commissioners and show cause why his name shall not be
6erased from said register, shall be personally served upon such
7person or left at his place of residence indicated in such
8register, or in the case of a homeless individual, at his or
9her mailing address, by a messenger of said board of election
10commissioners, and, as to the manner and time of serving such
11notice such messenger shall make affidavit; the messenger shall
12also make affidavit of the fact in case he cannot find such
13person or his place of residence, and that he went to the place
14named on such register as his or her place of residence. Such
15notice shall be served at least one day before the time fixed
16for such party to show cause.
17    The commissioners shall also cause a like notice or demand
18to be sent by mail duly stamped and directed, to such person,
19to the address upon the register at least 2 days before the day
20fixed in the notice to show cause.
21    A like notice shall be served on the person or persons
22making the application to have the name upon such register
23erased to appear and show cause why said name shall be erased,
24the notice to set out the day and hour of such hearing. If the
25voter making such application fails to appear before said board
26at the time set for the hearing as fixed in the notice or fails

 

 

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1to show cause why the name upon such register shall be erased,
2the application may be dismissed by the board.
3    Any voter making such application or applications shall be
4privileged from arrest while presenting the same to the board
5of election commissioners, and while going to and returning
6from the board of election commissioners.
7(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
8    (10 ILCS 5/6A-7)  (from Ch. 46, par. 6A-7)
9    Sec. 6A-7. Dissolution.
10    (a) Except as provided in subsection (b), any county which
11has established a board of election commissioners may
12subsequently vote to dissolve such board in the same manner as
13provided in Article 6 for cities, villages, and incorporated
14towns, except that the petition to the circuit court to submit
15to the vote of the electors of the county the proposition to
16dissolve the board of election commissioners shall be signed by
17at least 10% of the registered voters of the county.
18    (b) A county board in a county that has established a
19county board of election commissioners in accordance with
20subsection (a) of Section 6A-1 of this the Election Code may,
21by ordinance or resolution, dissolve the county board of
22election commissioners and transfer its functions to the county
23clerk.
24(Source: P.A. 100-628, eff. 1-1-19; revised 9-19-18.)
 

 

 

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1    (10 ILCS 5/7-2)  (from Ch. 46, par. 7-2)
2    Sec. 7-2. A political party, which at the general election
3for State and county officers then next preceding a primary,
4polled more than 5 per cent of the entire vote cast in the
5State, is hereby declared to be a political party within the
6State, and shall nominate all candidates provided for in this
7Article 7 under the provisions hereof, and shall elect
8precinct, township, ward, and State central committeepersons
9as herein provided.
10    A political party, which at the general election for State
11and county officers then next preceding a primary, cast more
12than 5 per cent of the entire vote cast within any
13congressional district, is hereby declared to be a political
14party within the meaning of this Article, within such
15congressional district, and shall nominate its candidate for
16Representative in Congress, under the provisions hereof. A
17political party, which at the general election for State and
18county officers then next preceding a primary, cast more than 5
19per cent of the entire vote cast in any county, is hereby
20declared to be a political party within the meaning of this
21Article, within said county, and shall nominate all county
22officers in said county under the provisions hereof, and shall
23elect precinct, township, and ward committeepersons, as herein
24provided. ;
25    A political party, which at the municipal election for
26city, village, or incorporated town officers then next

 

 

HB3249 Enrolled- 58 -LRB101 07760 AMC 52809 b

1preceding a primary, cast more than 5 per cent of the entire
2vote cast in any city, or village, or incorporated town is
3hereby declared to be a political party within the meaning of
4this Article, within said city, village, or incorporated town,
5and shall nominate all city, village, or incorporated town
6officers in said city, or village, or incorporated town under
7the provisions hereof to the extent and in the cases provided
8in Section 7-1.
9    A political party, which at the municipal election for town
10officers then next preceding a primary, cast more than 5 per
11cent of the entire vote cast in said town, is hereby declared
12to be a political party within the meaning of this Article,
13within said town, and shall nominate all town officers in said
14town under the provisions hereof to the extent and in the cases
15provided in Section 7-1.
16    A political party, which at the municipal election in any
17other municipality or political subdivision, (except townships
18and school districts), for municipal or other officers therein
19then next preceding a primary, cast more than 5 per cent of the
20entire vote cast in such municipality or political subdivision,
21is hereby declared to be a political party within the meaning
22of this Article, within said municipality or political
23subdivision, and shall nominate all municipal or other officers
24therein under the provisions hereof to the extent and in the
25cases provided in Section 7-1.
26    Provided, that no political organization or group shall be

 

 

HB3249 Enrolled- 59 -LRB101 07760 AMC 52809 b

1qualified as a political party hereunder, or given a place on a
2ballot, which organization or group is associated, directly or
3indirectly, with Communist, Fascist, Nazi, or other
4un-American principles and engages in activities or propaganda
5designed to teach subservience to the political principles and
6ideals of foreign nations or the overthrow by violence of the
7established constitutional form of government of the United
8States and the State of Illinois.
9(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)
 
10    (10 ILCS 5/7-58)  (from Ch. 46, par. 7-58)
11    Sec. 7-58. Each county clerk or board of election
12commissioners shall, upon completion of the canvassing of the
13returns, make and transmit to the State Board of Elections and
14to each election authority whose duty it is to print the
15official ballot for the election for which the nomination is
16made a proclamation of the results of the primary. The
17proclamation shall state the name of each candidate of each
18political party so nominated or elected, as shown by the
19returns, together with the name of the office for which he or
20she was nominated or elected, including precinct, township and
21ward committeepersons, and including in the case of the State
22Board of Elections, candidates for State central
23committeepersons, and delegates and alternate delegates to
24National nominating conventions. If a notice of contest is
25filed, the election authority shall, within one business day

 

 

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1after receiving a certified copy of the court's judgment or
2order, amend its proclamation accordingly and proceed to file
3an amended proclamation with the appropriate election
4authorities and with the State Board of Elections.
5    The State Board of Elections shall issue a certificate of
6election to each of the persons shown by the returns and the
7proclamation thereof to be elected State central
8committeepersons, and delegates and alternate delegates to
9National nominating nomination conventions; and the county
10clerk shall issue a certificate of election to each person
11shown by the returns to be elected precinct, township or ward
12committeeperson. The certificate issued to such precinct
13committeeperson shall state the number of ballots voted in his
14or her precinct by the primary electors of his or her party at
15the primary at which he or she was elected. The certificate
16issued to such township committeeperson shall state the number
17of ballots voted in his or her township or part of a township,
18as the case may be, by the primary electors of his or her party
19at the primary at which he or she was elected. The certificate
20issued to such ward committeeperson shall state the number of
21ballots voted in his or her ward by the primary electors of his
22or her party at the primary at which he or she was elected.
23(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
24    (10 ILCS 5/17-22)  (from Ch. 46, par. 17-22)
25    Sec. 17-22. The judges of election shall make the tally

 

 

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1sheet and certificate of results in triplicate. If, however,
2the number of established political parties, as defined in
3Section 10-2, exceeds 2, one additional copy shall be made for
4each established political party in excess of 2. One list of
5voters, or other proper return with such certificate written
6thereon, and accompanying tally sheet footed up so as to show
7the correct number of votes cast for each person voted for,
8shall be carefully enveloped and sealed up by the judges of
9election, 2 of whom (one from each of the 2 major political
10parties) shall immediately deliver same to the county clerk, or
11his deputy, at the office of the county clerk, or to an
12officially designated receiving station established by the
13county clerk where a duly authorized representative of the
14county clerk shall receive said envelopes for immediate
15transmission to the office of county clerk, who shall safely
16keep them. The other certificates of results and accompanying
17tally sheet shall be carefully enveloped and sealed up and duly
18directed, respectively, to the chair chairp of the county
19central committee of each then existing established political
20party, and by another of the judges of election deposited
21immediately in the nearest United States letter deposit.
22However, if any county chair notifies the county clerk not
23later than 10 days before the election of his desire to receive
24the envelope addressed to him at the point and at the time same
25are delivered to the county clerk, his deputy or receiving
26station designee the envelopes shall be delivered to such

 

 

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1county chair or his designee immediately upon receipt thereof
2by the county clerk, his deputy or his receiving station
3designee. The person or persons so designated by a county chair
4shall sign an official receipt acknowledging receipt of said
5envelopes. The poll book and tally list filed with the county
6clerk shall be kept one year, and certified copies thereof
7shall be evidence in all courts, proceedings and election
8contests. Before the returns are sealed up, as aforesaid, the
9judges shall compare the tally papers, footings and
10certificates and see that they are correct and duplicates of
11each other, and certify to the correctness of the same.
12    At the consolidated election, the judges of election shall
13make a tally sheet and certificate of results for each
14political subdivision for which candidates or public questions
15are on the ballot at such election, and shall sign, seal in a
16marked envelope and deliver them to the county clerk with the
17other certificates of results herein required. Such tally
18sheets and certificates of results may be duplicates of the
19tally sheet and certificate of results otherwise required by
20this Section, showing all votes for all candidates and public
21questions voted for or upon in the precinct, or may be on
22separate forms prepared by the election authority and showing
23only those votes cast for candidates and public questions of
24each such political subdivision.
25    Within 2 days of delivery of complete returns of the
26consolidated election, the county clerk shall transmit an

 

 

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1original, sealed tally sheet and certificate of results from
2each precinct in his jurisdiction in which candidates or public
3questions of a political subdivision were on the ballot to the
4local election official of such political subdivision. Each
5local election official, within 24 hours of receipt of all of
6the tally sheets and certificates of results for all precincts
7in which candidates or public questions of his political
8subdivision were on the ballot, shall transmit such sealed
9tally sheets and certificates of results to the canvassing
10board for that political subdivision.
11    In the case of referenda for the formation of a political
12subdivision, the tally sheets and certificates of results shall
13be transmitted by the county clerk to the circuit court that
14ordered the proposition submitted or to the officials
15designated by the court to conduct the canvass of votes. In the
16case of school referenda for which a regional superintendent of
17schools is responsible for the canvass of votes, the county
18clerk shall transmit the tally sheets and certificates of
19results to the regional superintendent of schools.
20    Where voting machines or electronic voting systems are
21used, the provisions of this section may be modified as
22required or authorized by Article 24 or Article 24A, whichever
23is applicable.
24    Only judges appointed under the provisions of subsection
25(a) of Section 13-4 or subsection (b) of Section 14-1 may make
26any delivery required by this Section from judges of election

 

 

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1to a county clerk, or his or her deputy, at the office of the
2county clerk or to a county clerk's duly authorized
3representative at the county clerk's officially designated
4receiving station.
5(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
6    (10 ILCS 5/24A-10)  (from Ch. 46, par. 24A-10)
7    Sec. 24A-10. (1) In an election jurisdiction which has
8adopted an electronic voting system, the election official in
9charge of the election shall select one of the 3 following
10procedures for receiving, counting, tallying, and return of the
11ballots:
12    (a) Two ballot boxes shall be provided for each polling
13place. The first ballot box is for the depositing of votes cast
14on the electronic voting system; and the second ballot box is
15for all votes cast on paper ballots, including any paper
16ballots required to be voted other than on the electronic
17voting system. Ballots deposited in the second ballot box shall
18be counted, tallied, and returned as is elsewhere provided in
19this Code "The Election Code," as amended, for the counting and
20handling of paper ballots. Immediately after the closing of the
21polls, the judges of election shall make out a slip indicating
22the number of persons who voted in the precinct at the
23election. Such slip shall be signed by all the judges of
24election and shall be inserted by them in the first ballot box.
25The judges of election shall thereupon immediately lock each

 

 

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1ballot box; provided, that if such box is not of a type which
2may be securely locked, such box shall be sealed with filament
3tape provided for such purpose which shall be wrapped around
4the box lengthwise and crosswise, at least twice each way, and
5in such manner that the seal completely covers the slot in the
6ballot box, and each of the judges shall sign such seal.
7Thereupon two of the judges of election, of different political
8parties, shall forthwith and by the most direct route transport
9both ballot boxes to the counting location designated by the
10county clerk or board of election commissioners.
11    Before the ballots of a precinct are fed to the electronic
12tabulating equipment, the first ballot box shall be opened at
13the central counting station by the two precinct transport
14judges. Upon opening a ballot box, such team shall first count
15the number of ballots in the box. If 2 or more are folded
16together so as to appear to have been cast by the same person,
17all of the ballots so folded together shall be marked and
18returned with the other ballots in the same condition, as near
19as may be, in which they were found when first opened, but
20shall not be counted. If the remaining ballots are found to
21exceed the number of persons voting in the precinct as shown by
22the slip signed by the judges of election, the ballots shall be
23replaced in the box, and the box closed and well shaken and
24again opened and one of the precinct transport judges shall
25publicly draw out so many ballots unopened as are equal to such
26excess.

 

 

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1    Such excess ballots shall be marked "Excess-Not Counted"
2and signed by the two precinct transport judges and shall be
3placed in the "After 7:00 p.m. Defective Ballots Envelope". The
4number of excess ballots shall be noted in the remarks section
5of the Certificate of Results. "Excess" ballots shall not be
6counted in the total of "defective" ballots.
7    The precinct transport judges shall then examine the
8remaining ballots for write-in votes and shall count and
9tabulate the write-in vote; or
10    (b) A single ballot box, for the deposit of all votes cast,
11shall be used. All ballots which are not to be tabulated on the
12electronic voting system shall be counted, tallied, and
13returned as elsewhere provided in this Code "The Election
14Code," as amended, for the counting and handling of paper
15ballots.
16    All ballots to be processed and tabulated with the
17electronic voting system shall be processed as follows:
18    Immediately after the closing of the polls, the precinct
19judges of election then shall open the ballot box and canvass
20the votes polled to determine that the number of ballots
21therein agree with the number of voters voting as shown by the
22applications for ballot or if the same do not agree the judges
23of election shall make such ballots agree with the applications
24for ballot in the manner provided by Section 17-18 of this
25Code. "The Election Code." The judges of election shall then
26examine all ballot cards and ballot card envelopes which are in

 

 

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1the ballot box to determine whether the ballot cards and ballot
2card envelopes bear the initials of a precinct judge of
3election. If any ballot card or ballot card envelope is not
4initialed, it shall be marked on the back "Defective,"
5initialed as to such label by all judges immediately under such
6word "Defective," and not counted, but placed in the envelope
7provided for that purpose labeled "Defective Ballots
8Envelope."
9    When an electronic voting system is used which utilizes a
10ballot card, before separating the ballot cards from their
11respective covering envelopes, the judges of election shall
12examine the ballot card envelopes for write-in votes. When the
13voter has voted a write-in vote, the judges of election shall
14compare the write-in vote with the votes on the ballot card to
15determine whether such write-in results in an overvote for any
16office. In case of an overvote for any office, the judges of
17election, consisting in each case of at least one judge of
18election of each of the two major political parties, shall make
19a true duplicate ballot of all votes on such ballot card except
20for the office which is overvoted, by using the ballot label
21booklet of the precinct and one of the marking devices of the
22precinct so as to transfer all votes of the voter except for
23the office overvoted, to an official ballot card of that kind
24used in the precinct at that election. The original ballot card
25and envelope upon which there is an overvote shall be clearly
26labeled "Overvoted Ballot", and each shall bear the same serial

 

 

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1number which shall be placed thereon by the judges of election,
2commencing with number 1 and continuing consecutively for the
3ballots of that kind in that precinct. The judges of election
4shall initial the "Duplicate Overvoted Ballot" ballot cards and
5shall place them in the box for return of the ballots. The
6"Overvoted Ballot" ballots and their envelopes shall be placed
7in the "Duplicate Ballots" envelope. Envelopes bearing
8write-in votes marked in the place designated therefor and
9bearing the initials of a precinct judge of election and not
10resulting in an overvote and otherwise complying with the
11election laws as to marking shall be counted, tallied, and
12their votes recorded on a tally sheet provided by the election
13official in charge of the election. The ballot cards and ballot
14card envelopes shall be separated and all except any defective
15or overvoted shall be placed separately in the box for return
16of the ballots. The judges of election shall examine the
17ballots and ballot cards to determine if any is damaged or
18defective so that it cannot be counted by the automatic
19tabulating equipment. If any ballot or ballot card is damaged
20or defective so that it cannot properly be counted by the
21automatic tabulating equipment, the judges of election,
22consisting in each case of at least one judge of election of
23each of the two major political parties, shall make a true
24duplicate ballot of all votes on such ballot card by using the
25ballot label booklet of the precinct and one of the marking
26devices of the precinct. The original ballot or ballot card and

 

 

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1envelope shall be clearly labeled "Damaged Ballot" and the
2ballot or ballot card so produced "Duplicate Damaged Ballot,"
3and each shall bear the same number which shall be placed
4thereon by the judges of election, commencing with number 1 and
5continuing consecutively for the ballots of that kind in the
6precinct. The judges of election shall initial the "Duplicate
7Damaged Ballot" ballot or ballot cards, and shall place them in
8the box for return of the ballots. The "Damaged Ballot" ballots
9or ballot cards and their envelopes shall be placed in the
10"Duplicated Ballots" envelope. A slip indicating the number of
11voters voting in person shall be made out, signed by all judges
12of election, and inserted in the box for return of the ballots.
13The tally sheets recording the write-in votes shall be placed
14in this box. The judges of election thereupon immediately shall
15securely lock the ballot box or other suitable box furnished
16for return of the ballots by the election official in charge of
17the election; provided that if such box is not of a type which
18may be securely locked, such box shall be sealed with filament
19tape provided for such purpose which shall be wrapped around
20the box lengthwise and crosswise, at least twice each way. A
21separate adhesive seal label signed by each of the judges of
22election of the precinct shall be affixed to the box so as to
23cover any slot therein and to identify the box of the precinct;
24and if such box is sealed with filament tape as provided herein
25rather than locked, such tape shall be wrapped around the box
26as provided herein, but in such manner that the separate

 

 

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1adhesive seal label affixed to the box and signed by the judges
2may not be removed without breaking the filament tape and
3disturbing the signature of the judges. Thereupon, 2 of the
4judges of election, of different major political parties,
5forthwith shall by the most direct route transport the box for
6return of the ballots and enclosed ballots and returns to the
7central counting location designated by the election official
8in charge of the election. If, however, because of the lack of
9adequate parking facilities at the central counting location or
10for any other reason, it is impossible or impracticable for the
11boxes from all the polling places to be delivered directly to
12the central counting location, the election official in charge
13of the election may designate some other location to which the
14boxes shall be delivered by the 2 precinct judges. While at
15such other location the boxes shall be in the care and custody
16of one or more teams, each consisting of 4 persons, 2 from each
17of the two major political parties, designated for such purpose
18by the election official in charge of elections from
19recommendations by the appropriate political party
20organizations. As soon as possible, the boxes shall be
21transported from such other location to the central counting
22location by one or more teams, each consisting of 4 persons, 2
23from each of the 2 major political parties, designated for such
24purpose by the election official in charge of elections from
25recommendations by the appropriate political party
26organizations.

 

 

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1    The "Defective Ballots" envelope, and "Duplicated Ballots"
2envelope each shall be securely sealed and the flap or end
3thereof of each signed by the precinct judges of election and
4returned to the central counting location with the box for
5return of the ballots, enclosed ballots and returns.
6    At the central counting location, a team of tally judges
7designated by the election official in charge of the election
8shall check the box returned containing the ballots to
9determine that all seals are intact, and thereupon shall open
10the box, check the voters' slip and compare the number of
11ballots so delivered against the total number of voters of the
12precinct who voted, remove the ballots or ballot cards and
13deliver them to the technicians operating the automatic
14tabulating equipment. Any discrepancies between the number of
15ballots and total number of voters shall be noted on a sheet
16furnished for that purpose and signed by the tally judges; or
17    (c) A single ballot box, for the deposit of all votes cast,
18shall be used. Immediately after the closing of the polls, the
19precinct judges of election shall securely lock the ballot box;
20provided that if such box is not of a type which may be
21securely locked, such box shall be sealed with filament tape
22provided for such purpose which shall be wrapped around the box
23lengthwise and crosswise, at least twice each way. A separate
24adhesive seal label signed by each of the judges of election of
25the precinct shall be affixed to the box so as to cover any
26slot therein and to identify the box of the precinct; and if

 

 

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1such box is sealed with filament tape as provided herein rather
2than locked, such tape shall be wrapped around the box as
3provided herein, but in such manner that the separate adhesive
4seal label affixed to the box and signed by the judges may not
5be removed without breaking the filament tape and disturbing
6the signature of the judges. Thereupon, 2 of the judges of
7election, of different major political parties, shall
8forthwith by the most direct route transport the box for return
9of the ballots and enclosed vote by mail and early ballots and
10returns to the central counting location designated by the
11election official in charge of the election. If however,
12because of the lack of adequate parking facilities at the
13central counting location or for some other reason, it is
14impossible or impracticable for the boxes from all the polling
15places to be delivered directly to the central counting
16location, the election official in charge of the election may
17designate some other location to which the boxes shall be
18delivered by the 2 precinct judges. While at such other
19location the boxes shall be in the care and custody of one or
20more teams, each consisting of 4 persons, 2 from each of the
21two major political parties, designated for such purpose by the
22election official in charge of elections from recommendations
23by the appropriate political party organizations. As soon as
24possible, the boxes shall be transported from such other
25location to the central counting location by one or more teams,
26each consisting of 4 persons, 2 from each of the 2 major

 

 

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1political parties, designated for such purpose by the election
2official in charge of the election from recommendations by the
3appropriate political party organizations.
4    At the central counting location there shall be one or more
5teams of tally judges who possess the same qualifications as
6tally judges in election jurisdictions using paper ballots. The
7number of such teams shall be determined by the election
8authority. Each team shall consist of 5 tally judges, 3
9selected and approved by the county board from a certified list
10furnished by the chair of the county central committee of the
11party with the majority of members on the county board and 2
12selected and approved by the county board from a certified list
13furnished by the chair of the county central committee of the
14party with the second largest number of members on the county
15board. At the central counting location a team of tally judges
16shall open the ballot box and canvass the votes polled to
17determine that the number of ballot sheets therein agree with
18the number of voters voting as shown by the applications for
19ballot; and, if the same do not agree, the tally judges shall
20make such ballots agree with the number of applications for
21ballot in the manner provided by Section 17-18 of this the
22Election Code. The tally judges shall then examine all ballot
23sheets which are in the ballot box to determine whether they
24bear the initials of the precinct judge of election. If any
25ballot is not initialed, it shall be marked on the back
26"Defective", initialed as to such label by all tally judges

 

 

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1immediately under such word "Defective", and not counted, but
2placed in the envelope provided for that purpose labeled
3"Defective Ballots Envelope". An overvote for one office shall
4invalidate only the vote or count of that particular office.
5    At the central counting location, a team of tally judges
6designated by the election official in charge of the election
7shall deliver the ballot sheets to the technicians operating
8the automatic tabulating equipment. Any discrepancies between
9the number of ballots and total number of voters shall be noted
10on a sheet furnished for that purpose and signed by the tally
11judges.
12    (2) Regardless of which procedure described in subsection
13(1) of this Section is used, the judges of election designated
14to transport the ballots, properly signed and sealed as
15provided herein, shall ensure that the ballots are delivered to
16the central counting station no later than 12 hours after the
17polls close. At the central counting station a team of tally
18judges designated by the election official in charge of the
19election shall examine the ballots so transported and shall not
20accept ballots for tabulating which are not signed and sealed
21as provided in subsection (1) of this Section until the judges
22transporting the same make and sign the necessary corrections.
23Upon acceptance of the ballots by a team of tally judges at the
24central counting station, the election judges transporting the
25same shall take a receipt signed by the election official in
26charge of the election and stamped with the date and time of

 

 

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1acceptance. The election judges whose duty it is to transport
2any ballots shall, in the event such ballots cannot be found
3when needed, on proper request, produce the receipt which they
4are to take as above provided.
5(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
6    Section 65. The Executive Reorganization Implementation
7Act is amended by changing Section 3.1 as follows:
 
8    (15 ILCS 15/3.1)
9    (Text of Section before amendment by P.A. 100-1050)
10    Sec. 3.1. "Agency directly responsible to the Governor" or
11"agency" means any office, officer, division, or part thereof,
12and any other office, nonelective officer, department,
13division, bureau, board, or commission in the executive branch
14of State government, except that it does not apply to any
15agency whose primary function is service to the General
16Assembly or the Judicial Branch of State government, or to any
17agency administered by the Attorney General, Secretary of
18State, State Comptroller or State Treasurer. In addition the
19term does not apply to the following agencies created by law
20with the primary responsibility of exercising regulatory or
21adjudicatory functions independently of the Governor:
22    (1) the State Board of Elections;
23    (2) the State Board of Education;
24    (3) the Illinois Commerce Commission;

 

 

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1    (4) the Illinois Workers' Compensation Commission;
2    (5) the Civil Service Commission;
3    (6) the Fair Employment Practices Commission;
4    (7) the Pollution Control Board;
5    (8) the Department of State Police Merit Board;
6    (9) the Illinois Racing Board;
7    (10) the Illinois Power Agency; and
8    (11) the Illinois Law Enforcement Training Standards
9Board.
10(Source: P.A. 100-995, eff. 8-20-18.)
 
11    (Text of Section after amendment by P.A. 100-1050)
12    Sec. 3.1. "Agency directly responsible to the Governor" or
13"agency" means any office, officer, division, or part thereof,
14and any other office, nonelective officer, department,
15division, bureau, board, or commission in the executive branch
16of State government, except that it does not apply to any
17agency whose primary function is service to the General
18Assembly or the Judicial Branch of State government, or to any
19agency administered by the Attorney General, Secretary of
20State, State Comptroller or State Treasurer. In addition the
21term does not apply to the following agencies created by law
22with the primary responsibility of exercising regulatory or
23adjudicatory functions independently of the Governor:
24    (1) the State Board of Elections;
25    (2) the State Board of Education;

 

 

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1    (3) the Illinois Commerce Commission;
2    (4) the Illinois Workers' Compensation Commission;
3    (5) the Civil Service Commission;
4    (6) the Fair Employment Practices Commission;
5    (7) the Pollution Control Board;
6    (8) the Department of State Police Merit Board;
7    (9) the Illinois Racing Board;
8    (10) the Illinois Power Agency; and
9    (11) the Illinois Law Enforcement Training Standards
10Board; and .
11    (12) (11) the Illinois Liquor Control Commission.
12(Source: P.A. 100-995, eff. 8-20-18; 100-1050, eff. 7-1-19;
13revised 10-18-18.)
 
14    Section 70. The Illinois Identification Card Act is amended
15by changing Section 12 as follows:
 
16    (15 ILCS 335/12)  (from Ch. 124, par. 32)
17    (Text of Section before amendment by P.A. 100-717)
18    Sec. 12. Fees concerning standard Illinois Identification
19Cards. The fees required under this Act for standard Illinois
20Identification Cards must accompany any application provided
21for in this Act, and the Secretary shall collect such fees as
22follows:
23    a. Original card...............................$20
24    b. Renewal card................................20

 

 

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1    c. Corrected card..............................10
2    d. Duplicate card..............................20
3    e. Certified copy with seal ...................5
4    f. (Blank) ....................................
5    g. Applicant 65 years of age or over ..........No Fee
6    h. (Blank) ....................................
7    i. Individual living in Veterans
8        Home or Hospital ...........................No Fee
9    j. Original card under 18 years of age..........$10
10    k. Renewal card under 18 years of age...........$10
11    l. Corrected card under 18 years of age.........$5
12    m. Duplicate card under 18 years of age.........$10
13    n. Homeless person..............................No Fee
14    o. Duplicate card issued to an active-duty
15        member of the United States Armed Forces, the
16        member's spouse, or dependent children
17        living with the member......................No Fee
18    p. Duplicate temporary card.....................$5
19    q. First card issued to a youth
20        for whom the Department of Children
21        and Family Services is legally responsible
22        or a foster child upon turning the age of
23        16 years old until he or she reaches
24        the age of 21 years old..................... No Fee
25    r. Original card issued to a committed
26        person upon release on parole,

 

 

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1        mandatory supervised release,
2        aftercare release, final
3        discharge, or pardon from the
4        Department of Corrections or
5        Department of Juvenile Justice..............No Fee
6    s. Limited-term Illinois Identification
7        Card issued to a committed person
8        upon release on parole, mandatory
9        supervised release, aftercare
10        release, final discharge, or pardon
11        from the Department of
12        Corrections or Department of
13        Juvenile Justice............................No Fee
14    All fees collected under this Act shall be paid into the
15Road Fund of the State treasury, except that the following
16amounts shall be paid into the General Revenue Fund: (i) 80% of
17the fee for an original, renewal, or duplicate Illinois
18Identification Card issued on or after January 1, 2005; and
19(ii) 80% of the fee for a corrected Illinois Identification
20Card issued on or after January 1, 2005.
21    An individual, who resides in a veterans home or veterans
22hospital operated by the State or federal government, who makes
23an application for an Illinois Identification Card to be issued
24at no fee, must submit, along with the application, an
25affirmation by the applicant on a form provided by the
26Secretary of State, that such person resides in a veterans home

 

 

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1or veterans hospital operated by the State or federal
2government.
3    The application of a homeless individual for an Illinois
4Identification Card to be issued at no fee must be accompanied
5by an affirmation by a qualified person, as defined in Section
64C of this Act, on a form provided by the Secretary of State,
7that the applicant is currently homeless as defined in Section
81A of this Act.
9    For the application for the first Illinois Identification
10Card of a youth for whom the Department of Children and Family
11Services is legally responsible or a foster child to be issued
12at no fee, the youth must submit, along with the application,
13an affirmation by his or her court appointed attorney or an
14employee of the Department of Children and Family Services on a
15form provided by the Secretary of State, that the person is a
16youth for whom the Department of Children and Family Services
17is legally responsible or a foster child.
18    The fee for any duplicate identification card shall be
19waived for any person who presents the Secretary of State's
20Office with a police report showing that his or her
21identification card was stolen.
22    The fee for any duplicate identification card shall be
23waived for any person age 60 or older whose identification card
24has been lost or stolen.
25    As used in this Section, "active-duty member of the United
26States Armed Forces" means a member of the Armed Services or

 

 

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1Reserve Forces of the United States or a member of the Illinois
2National Guard who is called to active duty pursuant to an
3executive order of the President of the United States, an act
4of the Congress of the United States, or an order of the
5Governor.
6(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17;
799-907, eff. 7-1-17; 100-201, eff. 8-18-17; 100-827, eff.
88-13-18.)
 
9    (Text of Section after amendment by P.A. 100-717)
10    Sec. 12. Fees concerning standard Illinois Identification
11Cards. The fees required under this Act for standard Illinois
12Identification Cards must accompany any application provided
13for in this Act, and the Secretary shall collect such fees as
14follows:
15    a. Original card...............................$20
16    b. Renewal card................................20
17    c. Corrected card..............................10
18    d. Duplicate card..............................20
19    e. Certified copy with seal ...................5
20    f. (Blank) ....................................
21    g. Applicant 65 years of age or over ..........No Fee
22    h. (Blank) ....................................
23    i. Individual living in Veterans
24        Home or Hospital ...........................No Fee
25    j. Original card under 18 years of age..........$10

 

 

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1    k. Renewal card under 18 years of age...........$10
2    l. Corrected card under 18 years of age.........$5
3    m. Duplicate card under 18 years of age.........$10
4    n. Homeless person..............................No Fee
5    o. Duplicate card issued to an active-duty
6        member of the United States Armed Forces, the
7        member's spouse, or dependent children
8        living with the member......................No Fee
9    p. Duplicate temporary card.....................$5
10    q. First card issued to a youth
11        for whom the Department of Children
12        and Family Services is legally responsible
13        or a foster child upon turning the age of
14        16 years old until he or she reaches
15        the age of 21 years old..................... No Fee
16    r. Original card issued to a committed
17        person upon release on parole,
18        mandatory supervised release,
19        aftercare release, final
20        discharge, or pardon from the
21        Department of Corrections or
22        Department of Juvenile Justice..............No Fee
23    s. Limited-term Illinois Identification
24        Card issued to a committed person
25        upon release on parole, mandatory
26        supervised release, aftercare

 

 

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1        release, final discharge, or pardon
2        from the Department of
3        Corrections or Department of
4        Juvenile Justice............................No Fee
5    t. Original card issued to a
6        person up to 14 days prior
7        to or upon conditional release
8        or absolute discharge from
9        the Department of Human Services............ No Fee
10    u. Limited-term Illinois Identification
11        Card issued to a person up to
12        14 days prior to or upon
13        conditional release or absolute discharge
14        from the Department of Human Services....... No Fee
15    All fees collected under this Act shall be paid into the
16Road Fund of the State treasury, except that the following
17amounts shall be paid into the General Revenue Fund: (i) 80% of
18the fee for an original, renewal, or duplicate Illinois
19Identification Card issued on or after January 1, 2005; and
20(ii) 80% of the fee for a corrected Illinois Identification
21Card issued on or after January 1, 2005.
22    An individual, who resides in a veterans home or veterans
23hospital operated by the State or federal government, who makes
24an application for an Illinois Identification Card to be issued
25at no fee, must submit, along with the application, an
26affirmation by the applicant on a form provided by the

 

 

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1Secretary of State, that such person resides in a veterans home
2or veterans hospital operated by the State or federal
3government.
4    The application of a homeless individual for an Illinois
5Identification Card to be issued at no fee must be accompanied
6by an affirmation by a qualified person, as defined in Section
74C of this Act, on a form provided by the Secretary of State,
8that the applicant is currently homeless as defined in Section
91A of this Act.
10    For the application for the first Illinois Identification
11Card of a youth for whom the Department of Children and Family
12Services is legally responsible or a foster child to be issued
13at no fee, the youth must submit, along with the application,
14an affirmation by his or her court appointed attorney or an
15employee of the Department of Children and Family Services on a
16form provided by the Secretary of State, that the person is a
17youth for whom the Department of Children and Family Services
18is legally responsible or a foster child.
19    The fee for any duplicate identification card shall be
20waived for any person who presents the Secretary of State's
21Office with a police report showing that his or her
22identification card was stolen.
23    The fee for any duplicate identification card shall be
24waived for any person age 60 or older whose identification card
25has been lost or stolen.
26    As used in this Section, "active-duty member of the United

 

 

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1States Armed Forces" means a member of the Armed Services or
2Reserve Forces of the United States or a member of the Illinois
3National Guard who is called to active duty pursuant to an
4executive order of the President of the United States, an act
5of the Congress of the United States, or an order of the
6Governor.
7(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17;
899-907, eff. 7-1-17; 100-201, eff. 8-18-17; 100-717, eff.
97-1-19; 100-827, eff. 8-13-18; revised 9-4-18.)
 
10    Section 75. The State Treasurer Act is amended by changing
11Section 16.5 as follows:
 
12    (15 ILCS 505/16.5)
13    Sec. 16.5. College Savings Pool.
14    (a) Definitions. As used in this Section:
15    "Account owner" means any person or entity who has opened
16an account or to whom ownership of an account has been
17transferred, as allowed by the Internal Revenue Code, and who
18has authority to withdraw funds, direct withdrawal of funds,
19change the designated beneficiary, or otherwise exercise
20control over an account in the College Savings Pool.
21    "Donor" means any person or entity who makes contributions
22to an account in the College Savings Pool.
23    "Designated beneficiary" means any individual designated
24as the beneficiary of an account in the College Savings Pool by

 

 

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1an account owner. A designated beneficiary must have a valid
2social security number or taxpayer identification number. In
3the case of an account established as part of a scholarship
4program permitted under Section 529 of the Internal Revenue
5Code, the designated beneficiary is any individual receiving
6benefits accumulated in the account as a scholarship.
7    "Member of the family" has the same meaning ascribed to
8that term under Section 529 of the Internal Revenue Code.
9    "Nonqualified withdrawal" means a distribution from an
10account other than a distribution that (i) is used for the
11qualified expenses of the designated beneficiary; (ii) results
12from the beneficiary's death or disability; (iii) is a rollover
13to another account in the College Savings Pool; or (iv) is a
14rollover to an ABLE account, as defined in Section 16.6 of this
15Act, or any distribution that, within 60 days after such
16distribution, is transferred to an ABLE account of the
17designated beneficiary or a member of the family of the
18designated beneficiary to the extent that the distribution,
19when added to all other contributions made to the ABLE account
20for the taxable year, does not exceed the limitation under
21Section 529A(b)(2)(B)(i) of the Internal Revenue Code.
22    "Program manager" means any financial institution or
23entity lawfully doing business in the State of Illinois
24selected by the State Treasurer to oversee the recordkeeping,
25custody, customer service, investment management, and
26marketing for one or more of the programs in the College

 

 

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1Savings Pool.
2    "Qualified expenses" means: (i) tuition, fees, and the
3costs of books, supplies, and equipment required for enrollment
4or attendance at an eligible educational institution; (ii)
5expenses for special needs services, in the case of a special
6needs beneficiary, which are incurred in connection with such
7enrollment or attendance; (iii) certain expenses for the
8purchase of computer or peripheral equipment, as defined in
9Section 168 of the federal Internal Revenue Code (26 U.S.C.
10168), computer software, as defined in Section 197 of the
11federal Internal Revenue Code (26 U.S.C. 197), or Internet
12access and related services, if such equipment, software, or
13services are to be used primarily by the beneficiary during any
14of the years the beneficiary is enrolled at an eligible
15educational institution, except that, such expenses shall not
16include expenses for computer software designed for sports,
17games, or hobbies, unless the software is predominantly
18educational in nature; and (iv) room and board expenses
19incurred while attending an eligible educational institution
20at least half-time. "Eligible educational institutions", as
21used in this Section, means public and private colleges, junior
22colleges, graduate schools, and certain vocational
23institutions that are described in Section 481 of the Higher
24Education Act of 1965 (20 U.S.C. 1088) and that are eligible to
25participate in Department of Education student aid programs. A
26student shall be considered to be enrolled at least half-time

 

 

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1if the student is enrolled for at least half the full-time
2academic workload for the course of study the student is
3pursuing as determined under the standards of the institution
4at which the student is enrolled.
5    (b) Establishment of the Pool. The State Treasurer may
6establish and administer a College Savings Pool as a qualified
7tuition program under Section 529 of the Internal Revenue Code.
8The Pool may consist of one or more college savings programs.
9The State Treasurer, in administering the College Savings Pool,
10may receive, hold, and invest moneys paid into the Pool and
11perform such other actions as are necessary to ensure that the
12Pool operates as a qualified tuition program in accordance with
13Section 529 of the Internal Revenue Code.
14    (c) Administration of the College Savings Pool. The State
15Treasurer may engage one or more financial institutions to
16handle the overall administration, investment management,
17recordkeeping, and marketing of the programs in the College
18Savings Pool. The contributions deposited in the Pool, and any
19earnings thereon, shall not constitute property of the State or
20be commingled with State funds and the State shall have no
21claim to or against, or interest in, such funds.
22    (d) Availability of the College Savings Pool. The State
23Treasurer may permit persons, including trustees of trusts and
24custodians under a Uniform Transfers to Minors Act or Uniform
25Gifts to Minors Act account, and certain legal entities to be
26account owners, including as part of a scholarship program,

 

 

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1provided that: (1) an individual, trustee or custodian must
2have a valid social security number or taxpayer identification
3number, be at least 18 years of age, and have a valid United
4States street address; and (2) a legal entity must have a valid
5taxpayer identification number and a valid United States street
6address. Both in-state and out-of-state persons may be account
7owners and donors, and both in-state and out-of-state
8individuals may be designated beneficiaries in the College
9Savings Pool.
10    (e) Fees. The State Treasurer shall establish fees to be
11imposed on accounts to recover the costs of administration,
12recordkeeping, and investment management. The Treasurer must
13use his or her best efforts to keep these fees as low as
14possible and consistent with administration of high quality
15competitive college savings programs.
16    (f) Investments in the State. To enhance the safety and
17liquidity of the College Savings Pool, to ensure the
18diversification of the investment portfolio of the College
19Savings Pool, and in an effort to keep investment dollars in
20the State of Illinois, the State Treasurer may make a
21percentage of each account available for investment in
22participating financial institutions doing business in the
23State.
24    (g) Investment policy. The Treasurer shall develop,
25publish, and implement an investment policy covering the
26investment of the moneys in each of the programs in the College

 

 

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1Savings Pool. The policy shall be published each year as part
2of the audit of the College Savings Pool by the Auditor
3General, which shall be distributed to all account owners in
4such program. The Treasurer shall notify all account owners in
5such program in writing, and the Treasurer shall publish in a
6newspaper of general circulation in both Chicago and
7Springfield, any changes to the previously published
8investment policy at least 30 calendar days before implementing
9the policy. Any investment policy adopted by the Treasurer
10shall be reviewed and updated if necessary within 90 days
11following the date that the State Treasurer takes office.
12    (h) Investment restrictions. An account owner may,
13directly or indirectly, direct the investment of any
14contributions to the College Savings Pool (or any earnings
15thereon) only as provided in Section 529(b)(4) of the Internal
16Revenue Code. Donors and designated beneficiaries, in those
17capacities, may not, directly or indirectly, direct the
18investment of any contributions to the Pool (or any earnings
19thereon).
20    (i) Distributions. Distributions from an account in the
21College Savings Pool may be used for the designated
22beneficiary's qualified expenses. Funds contained in a College
23Savings Pool account may be rolled over into an eligible ABLE
24account, as defined in Section 16.6 of this Act, to the extent
25permitted by Section 529(c)(3)(C) of the Internal Revenue Code.
26To the extent a nonqualified withdrawal is made from an

 

 

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1account, the earnings portion of such distribution may be
2treated by the Internal Revenue Service as income subject to
3income tax and a 10% federal penalty tax. Internet
4    Distributions made from the College Savings Pool may be
5made directly to the educational institution, directly to a
6vendor, in the form of a check payable to both the designated
7beneficiary and the institution or vendor, directly to the
8designated beneficiary or account owner, or in any other manner
9that is permissible under Section 529 of the Internal Revenue
10Code.
11    (j) Contributions. Contributions to the College Savings
12Pool shall be as follows:
13        (1) Contributions to an account in the College Savings
14    Pool may be made only in cash.
15        (2) The Treasurer shall limit the contributions that
16    may be made to the College Savings Pool on behalf of a
17    designated beneficiary, as required under Section 529 of
18    the Internal Revenue Code, to prevent contributions for the
19    benefit of a designated beneficiary in excess of those
20    necessary to provide for the qualified expenses of the
21    designated beneficiary. The Pool shall not permit any
22    additional contributions to an account as soon as the
23    aggregate accounts for the designated beneficiary in the
24    Pool reach a specified account balance limit applicable to
25    all designated beneficiaries.
26        (3) The contributions made on behalf of a designated

 

 

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1    beneficiary who is also a beneficiary under the Illinois
2    Prepaid Tuition Program shall be further restricted to
3    ensure that the contributions in both programs combined do
4    not exceed the limit established for the College Savings
5    Pool.
6    (k) Illinois Student Assistance Commission. The Treasurer
7shall provide the Illinois Student Assistance Commission each
8year at a time designated by the Commission, an electronic
9report of all account owner accounts in the Treasurer's College
10Savings Pool, listing total contributions and disbursements
11from each individual account during the previous calendar year.
12As soon thereafter as is possible following receipt of the
13Treasurer's report, the Illinois Student Assistance Commission
14shall, in turn, provide the Treasurer with an electronic report
15listing those College Savings Pool account owners who also
16participate in the State's prepaid tuition program,
17administered by the Commission. The Commission shall be
18responsible for filing any combined tax reports regarding State
19qualified savings programs required by the United States
20Internal Revenue Service.
21    The Treasurer shall work with the Illinois Student
22Assistance Commission to coordinate the marketing of the
23College Savings Pool and the Illinois Prepaid Tuition Program
24when considered beneficial by the Treasurer and the Director of
25the Illinois Student Assistance Commission. The Treasurer
26shall provide a separate accounting for each designated

 

 

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1beneficiary to each account owner.
2    (l) Prohibition; exemption. No interest in the program, or
3any portion thereof, may be used as security for a loan. Moneys
4held in an account invested in the College Savings Pool shall
5be exempt from all claims of the creditors of the account
6owner, donor, or designated beneficiary of that account, except
7for the non-exempt College Savings Pool transfers to or from
8the account as defined under subsection (j) of Section 12-1001
9of the Code of Civil Procedure.
10    (m) Taxation. The assets of the College Savings Pool and
11its income and operation shall be exempt from all taxation by
12the State of Illinois and any of its subdivisions. The accrued
13earnings on investments in the Pool once disbursed on behalf of
14a designated beneficiary shall be similarly exempt from all
15taxation by the State of Illinois and its subdivisions, so long
16as they are used for qualified expenses. Contributions to a
17College Savings Pool account during the taxable year may be
18deducted from adjusted gross income as provided in Section 203
19of the Illinois Income Tax Act. The provisions of this
20paragraph are exempt from Section 250 of the Illinois Income
21Tax Act.
22    (n) Rules. The Treasurer shall adopt rules he or she
23considers necessary for the efficient administration of the
24College Savings Pool. The rules shall provide whatever
25additional parameters and restrictions are necessary to ensure
26that the College Savings Pool meets all of the requirements for

 

 

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1a qualified state tuition program under Section 529 of the
2Internal Revenue Code.
3    The rules shall provide for the administration expenses of
4the Pool to be paid from its earnings and for the investment
5earnings in excess of the expenses to be credited at least
6monthly to the account owners in the Pool in a manner which
7equitably reflects the differing amounts of their respective
8investments in the Pool and the differing periods of time for
9which those amounts were in the custody of the Pool.
10    The rules shall require the maintenance of records that
11enable the Treasurer's office to produce a report for each
12account in the Pool at least annually that documents the
13account balance and investment earnings.
14    Notice of any proposed amendments to the rules and
15regulations shall be provided to all account owners prior to
16adoption. Amendments to rules and regulations shall apply only
17to contributions made after the adoption of the amendment.
18    (o) Bond. The State Treasurer shall give bond with at least
19one surety, payable to and for the benefit of the account
20owners in the College Savings Pool, in the penal sum of
21$10,000,000, conditioned upon the faithful discharge of his or
22her duties in relation to the College Savings Pool.
23(Source: P.A. 99-143, eff. 7-27-15; 100-161, eff. 8-18-17;
24100-863, eff. 8-14-18; 100-905, eff. 8-17-18; revised
2510-18-18.)
 

 

 

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1    Section 80. The Deposit of State Moneys Act is amended by
2changing Section 22.5 as follows:
 
3    (15 ILCS 520/22.5)  (from Ch. 130, par. 41a)
4    (For force and effect of certain provisions, see Section 90
5of P.A. 94-79)
6    Sec. 22.5. Permitted investments. The State Treasurer may,
7with the approval of the Governor, invest and reinvest any
8State money in the treasury which is not needed for current
9expenditures due or about to become due, in obligations of the
10United States government or its agencies or of National
11Mortgage Associations established by or under the National
12Housing Act, 12 1201 U.S.C. 1701 et seq., or in mortgage
13participation certificates representing undivided interests in
14specified, first-lien conventional residential Illinois
15mortgages that are underwritten, insured, guaranteed, or
16purchased by the Federal Home Loan Mortgage Corporation or in
17Affordable Housing Program Trust Fund Bonds or Notes as defined
18in and issued pursuant to the Illinois Housing Development Act.
19All such obligations shall be considered as cash and may be
20delivered over as cash by a State Treasurer to his successor.
21    The State Treasurer may, with the approval of the Governor,
22purchase any state bonds with any money in the State Treasury
23that has been set aside and held for the payment of the
24principal of and interest on the bonds. The bonds shall be
25considered as cash and may be delivered over as cash by the

 

 

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1State Treasurer to his successor.
2    The State Treasurer may, with the approval of the Governor,
3invest or reinvest any State money in the treasury that is not
4needed for current expenditure due or about to become due, or
5any money in the State Treasury that has been set aside and
6held for the payment of the principal of and the interest on
7any State bonds, in shares, withdrawable accounts, and
8investment certificates of savings and building and loan
9associations, incorporated under the laws of this State or any
10other state or under the laws of the United States; provided,
11however, that investments may be made only in those savings and
12loan or building and loan associations the shares and
13withdrawable accounts or other forms of investment securities
14of which are insured by the Federal Deposit Insurance
15Corporation.
16    The State Treasurer may not invest State money in any
17savings and loan or building and loan association unless a
18commitment by the savings and loan (or building and loan)
19association, executed by the president or chief executive
20officer of that association, is submitted in the following
21form:
22        The .................. Savings and Loan (or Building
23    and Loan) Association pledges not to reject arbitrarily
24    mortgage loans for residential properties within any
25    specific part of the community served by the savings and
26    loan (or building and loan) association because of the

 

 

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1    location of the property. The savings and loan (or building
2    and loan) association also pledges to make loans available
3    on low and moderate income residential property throughout
4    the community within the limits of its legal restrictions
5    and prudent financial practices.
6    The State Treasurer may, with the approval of the Governor,
7invest or reinvest, at a price not to exceed par, any State
8money in the treasury that is not needed for current
9expenditures due or about to become due, or any money in the
10State Treasury that has been set aside and held for the payment
11of the principal of and interest on any State bonds, in bonds
12issued by counties or municipal corporations of the State of
13Illinois.
14    The State Treasurer may, with the approval of the Governor,
15invest or reinvest any State money in the Treasury which is not
16needed for current expenditure, due or about to become due, or
17any money in the State Treasury which has been set aside and
18held for the payment of the principal of and the interest on
19any State bonds, in participations in loans, the principal of
20which participation is fully guaranteed by an agency or
21instrumentality of the United States government; provided,
22however, that such loan participations are represented by
23certificates issued only by banks which are incorporated under
24the laws of this State or any other state or under the laws of
25the United States, and such banks, but not the loan
26participation certificates, are insured by the Federal Deposit

 

 

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1Insurance Corporation.
2    Whenever the total amount of vouchers presented to the
3Comptroller under Section 9 of the State Comptroller Act
4exceeds the funds available in the General Revenue Fund by
5$1,000,000,000 or more, then the State Treasurer may invest any
6State money in the Treasury, other than money in the General
7Revenue Fund, Health Insurance Reserve Fund, Attorney General
8Court Ordered and Voluntary Compliance Payment Projects Fund,
9Attorney General Whistleblower Reward and Protection Fund, and
10Attorney General's State Projects and Court Ordered
11Distribution Fund, which is not needed for current
12expenditures, due or about to become due, or any money in the
13State Treasury which has been set aside and held for the
14payment of the principal of and the interest on any State bonds
15with the Office of the Comptroller in order to enable the
16Comptroller to pay outstanding vouchers. At any time, and from
17time to time outstanding, such investment shall not be greater
18than $2,000,000,000. Such investment shall be deposited into
19the General Revenue Fund or Health Insurance Reserve Fund as
20determined by the Comptroller. Such investment shall be repaid
21by the Comptroller with an interest rate tied to the London
22Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
23equivalent market established variable rate, but in no case
24shall such interest rate exceed the lesser of the penalty rate
25established under the State Prompt Payment Act or the timely
26pay interest rate under Section 368a of the Illinois Insurance

 

 

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1Code. The State Treasurer and the Comptroller shall enter into
2an intergovernmental agreement to establish procedures for
3such investments, which market established variable rate to
4which the interest rate for the investments should be tied, and
5other terms which the State Treasurer and Comptroller
6reasonably believe to be mutually beneficial concerning these
7investments by the State Treasurer. The State Treasurer and
8Comptroller shall also enter into a written agreement for each
9such investment that specifies the period of the investment,
10the payment interval, the interest rate to be paid, the funds
11in the Treasury from which the Treasurer will draw the
12investment, and other terms upon which the State Treasurer and
13Comptroller mutually agree. Such investment agreements shall
14be public records and the State Treasurer shall post the terms
15of all such investment agreements on the State Treasurer's
16official website. In compliance with the intergovernmental
17agreement, the Comptroller shall order and the State Treasurer
18shall transfer amounts sufficient for the payment of principal
19and interest invested by the State Treasurer with the Office of
20the Comptroller under this paragraph from the General Revenue
21Fund or the Health Insurance Reserve Fund to the respective
22funds in the Treasury from which the State Treasurer drew the
23investment. Public Act 100-1107 This amendatory Act of the
24100th General Assembly shall constitute an irrevocable and
25continuing authority for all amounts necessary for the payment
26of principal and interest on the investments made with the

 

 

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1Office of the Comptroller by the State Treasurer under this
2paragraph, and the irrevocable and continuing authority for and
3direction to the Comptroller and Treasurer to make the
4necessary transfers.
5    The State Treasurer may, with the approval of the Governor,
6invest or reinvest any State money in the Treasury that is not
7needed for current expenditure, due or about to become due, or
8any money in the State Treasury that has been set aside and
9held for the payment of the principal of and the interest on
10any State bonds, in any of the following:
11        (1) Bonds, notes, certificates of indebtedness,
12    Treasury bills, or other securities now or hereafter issued
13    that are guaranteed by the full faith and credit of the
14    United States of America as to principal and interest.
15        (2) Bonds, notes, debentures, or other similar
16    obligations of the United States of America, its agencies,
17    and instrumentalities.
18        (2.5) Bonds, notes, debentures, or other similar
19    obligations of a foreign government, other than the
20    Republic of the Sudan, that are guaranteed by the full
21    faith and credit of that government as to principal and
22    interest, but only if the foreign government has not
23    defaulted and has met its payment obligations in a timely
24    manner on all similar obligations for a period of at least
25    25 years immediately before the time of acquiring those
26    obligations.

 

 

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1        (3) Interest-bearing savings accounts,
2    interest-bearing certificates of deposit, interest-bearing
3    time deposits, or any other investments constituting
4    direct obligations of any bank as defined by the Illinois
5    Banking Act.
6        (4) Interest-bearing accounts, certificates of
7    deposit, or any other investments constituting direct
8    obligations of any savings and loan associations
9    incorporated under the laws of this State or any other
10    state or under the laws of the United States.
11        (5) Dividend-bearing share accounts, share certificate
12    accounts, or class of share accounts of a credit union
13    chartered under the laws of this State or the laws of the
14    United States; provided, however, the principal office of
15    the credit union must be located within the State of
16    Illinois.
17        (6) Bankers' acceptances of banks whose senior
18    obligations are rated in the top 2 rating categories by 2
19    national rating agencies and maintain that rating during
20    the term of the investment.
21        (7) Short-term obligations of either corporations or
22    limited liability companies organized in the United States
23    with assets exceeding $500,000,000 if (i) the obligations
24    are rated at the time of purchase at one of the 3 highest
25    classifications established by at least 2 standard rating
26    services and mature not later than 270 days from the date

 

 

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1    of purchase, (ii) the purchases do not exceed 10% of the
2    corporation's or the limited liability company's
3    outstanding obligations, (iii) no more than one-third of
4    the public agency's funds are invested in short-term
5    obligations of either corporations or limited liability
6    companies, and (iv) the corporation or the limited
7    liability company has not been placed on the list of
8    restricted companies by the Illinois Investment Policy
9    Board under Section 1-110.16 of the Illinois Pension Code.
10        (7.5) Obligations of either corporations or limited
11    liability companies organized in the United States, that
12    have a significant presence in this State, with assets
13    exceeding $500,000,000 if: (i) the obligations are rated at
14    the time of purchase at one of the 3 highest
15    classifications established by at least 2 standard rating
16    services and mature more than 270 days, but less than 5
17    years, from the date of purchase; (ii) the purchases do not
18    exceed 10% of the corporation's or the limited liability
19    company's outstanding obligations; (iii) no more than 5% of
20    the public agency's funds are invested in such obligations
21    of corporations or limited liability companies; and (iv)
22    the corporation or the limited liability company has not
23    been placed on the list of restricted companies by the
24    Illinois Investment Policy Board under Section 1-110.16 of
25    the Illinois Pension Code. The authorization of the
26    Treasurer to invest in new obligations under this paragraph

 

 

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1    shall expire on June 30, 2019.
2        (8) Money market mutual funds registered under the
3    Investment Company Act of 1940, provided that the portfolio
4    of the money market mutual fund is limited to obligations
5    described in this Section and to agreements to repurchase
6    such obligations.
7        (9) The Public Treasurers' Investment Pool created
8    under Section 17 of the State Treasurer Act or in a fund
9    managed, operated, and administered by a bank.
10        (10) Repurchase agreements of government securities
11    having the meaning set out in the Government Securities Act
12    of 1986, as now or hereafter amended or succeeded, subject
13    to the provisions of that Act and the regulations issued
14    thereunder.
15        (11) Investments made in accordance with the
16    Technology Development Act.
17    For purposes of this Section, "agencies" of the United
18States Government includes:
19        (i) the federal land banks, federal intermediate
20    credit banks, banks for cooperatives, federal farm credit
21    banks, or any other entity authorized to issue debt
22    obligations under the Farm Credit Act of 1971 (12 U.S.C.
23    2001 et seq.) and Acts amendatory thereto;
24        (ii) the federal home loan banks and the federal home
25    loan mortgage corporation;
26        (iii) the Commodity Credit Corporation; and

 

 

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1        (iv) any other agency created by Act of Congress.
2    The Treasurer may, with the approval of the Governor, lend
3any securities acquired under this Act. However, securities may
4be lent under this Section only in accordance with Federal
5Financial Institution Examination Council guidelines and only
6if the securities are collateralized at a level sufficient to
7assure the safety of the securities, taking into account market
8value fluctuation. The securities may be collateralized by cash
9or collateral acceptable under Sections 11 and 11.1.
10(Source: P.A. 99-856, eff. 8-19-16; 100-1107, eff. 8-27-18;
11revised 9-27-18.)
 
12    Section 85. The Substance Use Disorder Act is amended by
13changing Section 55-30 and by setting forth and renumbering
14multiple versions of Section 55-35 as follows:
 
15    (20 ILCS 301/55-30)
16    Sec. 55-30. Rate increase.
17    (a) The Department July 6, 2017 (Public Act 100-23) shall
18by rule develop the increased rate methodology and annualize
19the increased rate beginning with State fiscal year 2018
20contracts to licensed providers of community-based substance
21use disorder intervention or treatment, based on the additional
22amounts appropriated for the purpose of providing a rate
23increase to licensed providers. The Department shall adopt
24rules, including emergency rules under subsection (y) of

 

 

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1Section 5-45 of the Illinois Administrative Procedure Act, to
2implement the provisions of this Section.
3    (b) Within 30 days after June 4, 2018 (the effective date
4of Public Act 100-587) this amendatory Act of the 100th General
5Assembly, the Division of Substance Use Prevention and Recovery
6shall apply an increase in rates of 3% above the rate paid on
7June 30, 2017 to all Medicaid and non-Medicaid reimbursable
8service rates. The Department shall adopt rules, including
9emergency rules under subsection (bb) of Section 5-45 of the
10Illinois Administrative Procedure Act, to implement the
11provisions of this subsection (b).
12(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
13100-759, eff. 1-1-19; revised 9-14-18.)
 
14    (20 ILCS 301/55-35)
15    Sec. 55-35. Tobacco enforcement.
16    (a) The Department of Human Services may contract with the
17Food and Drug Administration of the U.S. Department of Health
18and Human Services to conduct unannounced investigations of
19Illinois tobacco vendors to determine compliance with federal
20laws relating to the illegal sale of cigarettes and smokeless
21tobacco products to persons under the age of 18.
22    (b) Grant funds received from the Food and Drug
23Administration of the U.S. Department of Health and Human
24Services for conducting unannounced investigations of Illinois
25tobacco vendors shall be deposited into the Tobacco Settlement

 

 

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1Recovery Fund starting July 1, 2018.
2(Source: P.A. 100-1012, eff. 8-21-18.)
 
3    (20 ILCS 301/55-40)
4    Sec. 55-40 55-35. Recovery residences.
5    (a) As used in this Section, "recovery residence" means a
6sober, safe, and healthy living environment that promotes
7recovery from alcohol and other drug use and associated
8problems. These residences are not subject to Department
9licensure as they are viewed as independent living residences
10that only provide peer support and a lengthened exposure to the
11culture of recovery.
12    (b) The Department shall develop and maintain an online
13registry for recovery residences that operate in Illinois to
14serve as a resource for individuals seeking continued recovery
15assistance.
16    (c) Non-licensable recovery residences are encouraged to
17register with the Department and the registry shall be publicly
18available through online posting.
19    (d) The registry shall indicate any accreditation,
20certification, or licensure that each recovery residence has
21received from an entity that has developed uniform national
22standards. The registry shall also indicate each recovery
23residence's location in order to assist providers and
24individuals in finding alcohol and drug free housing options
25with like-minded residents who are committed to alcohol and

 

 

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1drug free living.
2    (e) Registrants are encouraged to seek national
3accreditation from any entity that has developed uniform State
4or national standards for recovery residences.
5    (f) The Department shall include a disclaimer on the
6registry that states that the recovery residences are not
7regulated by the Department and their listing is provided as a
8resource but not as an endorsement by the State.
9(Source: P.A. 100-1062, eff. 1-1-19; revised 9-14-18.)
 
10    Section 90. The Children and Family Services Act is amended
11by changing Section 5 as follows:
 
12    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
13    Sec. 5. Direct child welfare services; Department of
14Children and Family Services. To provide direct child welfare
15services when not available through other public or private
16child care or program facilities.
17    (a) For purposes of this Section:
18        (1) "Children" means persons found within the State who
19    are under the age of 18 years. The term also includes
20    persons under age 21 who:
21            (A) were committed to the Department pursuant to
22        the Juvenile Court Act or the Juvenile Court Act of
23        1987, as amended, prior to the age of 18 and who
24        continue under the jurisdiction of the court; or

 

 

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1            (B) were accepted for care, service and training by
2        the Department prior to the age of 18 and whose best
3        interest in the discretion of the Department would be
4        served by continuing that care, service and training
5        because of severe emotional disturbances, physical
6        disability, social adjustment or any combination
7        thereof, or because of the need to complete an
8        educational or vocational training program.
9        (2) "Homeless youth" means persons found within the
10    State who are under the age of 19, are not in a safe and
11    stable living situation and cannot be reunited with their
12    families.
13        (3) "Child welfare services" means public social
14    services which are directed toward the accomplishment of
15    the following purposes:
16            (A) protecting and promoting the health, safety
17        and welfare of children, including homeless, dependent
18        or neglected children;
19            (B) remedying, or assisting in the solution of
20        problems which may result in, the neglect, abuse,
21        exploitation or delinquency of children;
22            (C) preventing the unnecessary separation of
23        children from their families by identifying family
24        problems, assisting families in resolving their
25        problems, and preventing the breakup of the family
26        where the prevention of child removal is desirable and

 

 

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1        possible when the child can be cared for at home
2        without endangering the child's health and safety;
3            (D) restoring to their families children who have
4        been removed, by the provision of services to the child
5        and the families when the child can be cared for at
6        home without endangering the child's health and
7        safety;
8            (E) placing children in suitable adoptive homes,
9        in cases where restoration to the biological family is
10        not safe, possible or appropriate;
11            (F) assuring safe and adequate care of children
12        away from their homes, in cases where the child cannot
13        be returned home or cannot be placed for adoption. At
14        the time of placement, the Department shall consider
15        concurrent planning, as described in subsection (l-1)
16        of this Section so that permanency may occur at the
17        earliest opportunity. Consideration should be given so
18        that if reunification fails or is delayed, the
19        placement made is the best available placement to
20        provide permanency for the child;
21            (G) (blank);
22            (H) (blank); and
23            (I) placing and maintaining children in facilities
24        that provide separate living quarters for children
25        under the age of 18 and for children 18 years of age
26        and older, unless a child 18 years of age is in the

 

 

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1        last year of high school education or vocational
2        training, in an approved individual or group treatment
3        program, in a licensed shelter facility, or secure
4        child care facility. The Department is not required to
5        place or maintain children:
6                (i) who are in a foster home, or
7                (ii) who are persons with a developmental
8            disability, as defined in the Mental Health and
9            Developmental Disabilities Code, or
10                (iii) who are female children who are
11            pregnant, pregnant and parenting or parenting, or
12                (iv) who are siblings, in facilities that
13            provide separate living quarters for children 18
14            years of age and older and for children under 18
15            years of age.
16    (b) Nothing in this Section shall be construed to authorize
17the expenditure of public funds for the purpose of performing
18abortions.
19    (c) The Department shall establish and maintain
20tax-supported child welfare services and extend and seek to
21improve voluntary services throughout the State, to the end
22that services and care shall be available on an equal basis
23throughout the State to children requiring such services.
24    (d) The Director may authorize advance disbursements for
25any new program initiative to any agency contracting with the
26Department. As a prerequisite for an advance disbursement, the

 

 

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1contractor must post a surety bond in the amount of the advance
2disbursement and have a purchase of service contract approved
3by the Department. The Department may pay up to 2 months
4operational expenses in advance. The amount of the advance
5disbursement shall be prorated over the life of the contract or
6the remaining months of the fiscal year, whichever is less, and
7the installment amount shall then be deducted from future
8bills. Advance disbursement authorizations for new initiatives
9shall not be made to any agency after that agency has operated
10during 2 consecutive fiscal years. The requirements of this
11Section concerning advance disbursements shall not apply with
12respect to the following: payments to local public agencies for
13child day care services as authorized by Section 5a of this
14Act; and youth service programs receiving grant funds under
15Section 17a-4.
16    (e) (Blank).
17    (f) (Blank).
18    (g) The Department shall establish rules and regulations
19concerning its operation of programs designed to meet the goals
20of child safety and protection, family preservation, family
21reunification, and adoption, including but not limited to:
22        (1) adoption;
23        (2) foster care;
24        (3) family counseling;
25        (4) protective services;
26        (5) (blank);

 

 

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1        (6) homemaker service;
2        (7) return of runaway children;
3        (8) (blank);
4        (9) placement under Section 5-7 of the Juvenile Court
5    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
6    Court Act of 1987 in accordance with the federal Adoption
7    Assistance and Child Welfare Act of 1980; and
8        (10) interstate services.
9    Rules and regulations established by the Department shall
10include provisions for training Department staff and the staff
11of Department grantees, through contracts with other agencies
12or resources, in screening techniques to identify substance use
13disorders, as defined in the Substance Use Disorder Act,
14approved by the Department of Human Services, as a successor to
15the Department of Alcoholism and Substance Abuse, for the
16purpose of identifying children and adults who should be
17referred for an assessment at an organization appropriately
18licensed by the Department of Human Services for substance use
19disorder treatment.
20    (h) If the Department finds that there is no appropriate
21program or facility within or available to the Department for a
22youth in care and that no licensed private facility has an
23adequate and appropriate program or none agrees to accept the
24youth in care, the Department shall create an appropriate
25individualized, program-oriented plan for such youth in care.
26The plan may be developed within the Department or through

 

 

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1purchase of services by the Department to the extent that it is
2within its statutory authority to do.
3    (i) Service programs shall be available throughout the
4State and shall include but not be limited to the following
5services:
6        (1) case management;
7        (2) homemakers;
8        (3) counseling;
9        (4) parent education;
10        (5) day care; and
11        (6) emergency assistance and advocacy.
12    In addition, the following services may be made available
13to assess and meet the needs of children and families:
14        (1) comprehensive family-based services;
15        (2) assessments;
16        (3) respite care; and
17        (4) in-home health services.
18    The Department shall provide transportation for any of the
19services it makes available to children or families or for
20which it refers children or families.
21    (j) The Department may provide categories of financial
22assistance and education assistance grants, and shall
23establish rules and regulations concerning the assistance and
24grants, to persons who adopt children with physical or mental
25disabilities, children who are older, or other hard-to-place
26children who (i) immediately prior to their adoption were youth

 

 

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1in care or (ii) were determined eligible for financial
2assistance with respect to a prior adoption and who become
3available for adoption because the prior adoption has been
4dissolved and the parental rights of the adoptive parents have
5been terminated or because the child's adoptive parents have
6died. The Department may continue to provide financial
7assistance and education assistance grants for a child who was
8determined eligible for financial assistance under this
9subsection (j) in the interim period beginning when the child's
10adoptive parents died and ending with the finalization of the
11new adoption of the child by another adoptive parent or
12parents. The Department may also provide categories of
13financial assistance and education assistance grants, and
14shall establish rules and regulations for the assistance and
15grants, to persons appointed guardian of the person under
16Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
174-25, or 5-740 of the Juvenile Court Act of 1987 for children
18who were youth in care for 12 months immediately prior to the
19appointment of the guardian.
20    The amount of assistance may vary, depending upon the needs
21of the child and the adoptive parents, as set forth in the
22annual assistance agreement. Special purpose grants are
23allowed where the child requires special service but such costs
24may not exceed the amounts which similar services would cost
25the Department if it were to provide or secure them as guardian
26of the child.

 

 

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1    Any financial assistance provided under this subsection is
2inalienable by assignment, sale, execution, attachment,
3garnishment, or any other remedy for recovery or collection of
4a judgment or debt.
5    (j-5) The Department shall not deny or delay the placement
6of a child for adoption if an approved family is available
7either outside of the Department region handling the case, or
8outside of the State of Illinois.
9    (k) The Department shall accept for care and training any
10child who has been adjudicated neglected or abused, or
11dependent committed to it pursuant to the Juvenile Court Act or
12the Juvenile Court Act of 1987.
13    (l) The Department shall offer family preservation
14services, as defined in Section 8.2 of the Abused and Neglected
15Child Reporting Act, to help families, including adoptive and
16extended families. Family preservation services shall be
17offered (i) to prevent the placement of children in substitute
18care when the children can be cared for at home or in the
19custody of the person responsible for the children's welfare,
20(ii) to reunite children with their families, or (iii) to
21maintain an adoptive placement. Family preservation services
22shall only be offered when doing so will not endanger the
23children's health or safety. With respect to children who are
24in substitute care pursuant to the Juvenile Court Act of 1987,
25family preservation services shall not be offered if a goal
26other than those of subdivisions (A), (B), or (B-1) of

 

 

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1subsection (2) of Section 2-28 of that Act has been set, except
2that reunification services may be offered as provided in
3paragraph (F) of subsection (2) of Section 2-28 of that Act.
4Nothing in this paragraph shall be construed to create a
5private right of action or claim on the part of any individual
6or child welfare agency, except that when a child is the
7subject of an action under Article II of the Juvenile Court Act
8of 1987 and the child's service plan calls for services to
9facilitate achievement of the permanency goal, the court
10hearing the action under Article II of the Juvenile Court Act
11of 1987 may order the Department to provide the services set
12out in the plan, if those services are not provided with
13reasonable promptness and if those services are available.
14    The Department shall notify the child and his family of the
15Department's responsibility to offer and provide family
16preservation services as identified in the service plan. The
17child and his family shall be eligible for services as soon as
18the report is determined to be "indicated". The Department may
19offer services to any child or family with respect to whom a
20report of suspected child abuse or neglect has been filed,
21prior to concluding its investigation under Section 7.12 of the
22Abused and Neglected Child Reporting Act. However, the child's
23or family's willingness to accept services shall not be
24considered in the investigation. The Department may also
25provide services to any child or family who is the subject of
26any report of suspected child abuse or neglect or may refer

 

 

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1such child or family to services available from other agencies
2in the community, even if the report is determined to be
3unfounded, if the conditions in the child's or family's home
4are reasonably likely to subject the child or family to future
5reports of suspected child abuse or neglect. Acceptance of such
6services shall be voluntary. The Department may also provide
7services to any child or family after completion of a family
8assessment, as an alternative to an investigation, as provided
9under the "differential response program" provided for in
10subsection (a-5) of Section 7.4 of the Abused and Neglected
11Child Reporting Act.
12    The Department may, at its discretion except for those
13children also adjudicated neglected or dependent, accept for
14care and training any child who has been adjudicated addicted,
15as a truant minor in need of supervision or as a minor
16requiring authoritative intervention, under the Juvenile Court
17Act or the Juvenile Court Act of 1987, but no such child shall
18be committed to the Department by any court without the
19approval of the Department. On and after January 1, 2015 (the
20effective date of Public Act 98-803) and before January 1,
212017, a minor charged with a criminal offense under the
22Criminal Code of 1961 or the Criminal Code of 2012 or
23adjudicated delinquent shall not be placed in the custody of or
24committed to the Department by any court, except (i) a minor
25less than 16 years of age committed to the Department under
26Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

 

 

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1for whom an independent basis of abuse, neglect, or dependency
2exists, which must be defined by departmental rule, or (iii) a
3minor for whom the court has granted a supplemental petition to
4reinstate wardship pursuant to subsection (2) of Section 2-33
5of the Juvenile Court Act of 1987. On and after January 1,
62017, a minor charged with a criminal offense under the
7Criminal Code of 1961 or the Criminal Code of 2012 or
8adjudicated delinquent shall not be placed in the custody of or
9committed to the Department by any court, except (i) a minor
10less than 15 years of age committed to the Department under
11Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
12for whom an independent basis of abuse, neglect, or dependency
13exists, which must be defined by departmental rule, or (iii) a
14minor for whom the court has granted a supplemental petition to
15reinstate wardship pursuant to subsection (2) of Section 2-33
16of the Juvenile Court Act of 1987. An independent basis exists
17when the allegations or adjudication of abuse, neglect, or
18dependency do not arise from the same facts, incident, or
19circumstances which give rise to a charge or adjudication of
20delinquency. The Department shall assign a caseworker to attend
21any hearing involving a youth in the care and custody of the
22Department who is placed on aftercare release, including
23hearings involving sanctions for violation of aftercare
24release conditions and aftercare release revocation hearings.
25    As soon as is possible after August 7, 2009 (the effective
26date of Public Act 96-134), the Department shall develop and

 

 

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1implement a special program of family preservation services to
2support intact, foster, and adoptive families who are
3experiencing extreme hardships due to the difficulty and stress
4of caring for a child who has been diagnosed with a pervasive
5developmental disorder if the Department determines that those
6services are necessary to ensure the health and safety of the
7child. The Department may offer services to any family whether
8or not a report has been filed under the Abused and Neglected
9Child Reporting Act. The Department may refer the child or
10family to services available from other agencies in the
11community if the conditions in the child's or family's home are
12reasonably likely to subject the child or family to future
13reports of suspected child abuse or neglect. Acceptance of
14these services shall be voluntary. The Department shall develop
15and implement a public information campaign to alert health and
16social service providers and the general public about these
17special family preservation services. The nature and scope of
18the services offered and the number of families served under
19the special program implemented under this paragraph shall be
20determined by the level of funding that the Department annually
21allocates for this purpose. The term "pervasive developmental
22disorder" under this paragraph means a neurological condition,
23including but not limited to, Asperger's Syndrome and autism,
24as defined in the most recent edition of the Diagnostic and
25Statistical Manual of Mental Disorders of the American
26Psychiatric Association.

 

 

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1    (l-1) The legislature recognizes that the best interests of
2the child require that the child be placed in the most
3permanent living arrangement as soon as is practically
4possible. To achieve this goal, the legislature directs the
5Department of Children and Family Services to conduct
6concurrent planning so that permanency may occur at the
7earliest opportunity. Permanent living arrangements may
8include prevention of placement of a child outside the home of
9the family when the child can be cared for at home without
10endangering the child's health or safety; reunification with
11the family, when safe and appropriate, if temporary placement
12is necessary; or movement of the child toward the most
13permanent living arrangement and permanent legal status.
14    When determining reasonable efforts to be made with respect
15to a child, as described in this subsection, and in making such
16reasonable efforts, the child's health and safety shall be the
17paramount concern.
18    When a child is placed in foster care, the Department shall
19ensure and document that reasonable efforts were made to
20prevent or eliminate the need to remove the child from the
21child's home. The Department must make reasonable efforts to
22reunify the family when temporary placement of the child occurs
23unless otherwise required, pursuant to the Juvenile Court Act
24of 1987. At any time after the dispositional hearing where the
25Department believes that further reunification services would
26be ineffective, it may request a finding from the court that

 

 

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1reasonable efforts are no longer appropriate. The Department is
2not required to provide further reunification services after
3such a finding.
4    A decision to place a child in substitute care shall be
5made with considerations of the child's health, safety, and
6best interests. At the time of placement, consideration should
7also be given so that if reunification fails or is delayed, the
8placement made is the best available placement to provide
9permanency for the child.
10    The Department shall adopt rules addressing concurrent
11planning for reunification and permanency. The Department
12shall consider the following factors when determining
13appropriateness of concurrent planning:
14        (1) the likelihood of prompt reunification;
15        (2) the past history of the family;
16        (3) the barriers to reunification being addressed by
17    the family;
18        (4) the level of cooperation of the family;
19        (5) the foster parents' willingness to work with the
20    family to reunite;
21        (6) the willingness and ability of the foster family to
22    provide an adoptive home or long-term placement;
23        (7) the age of the child;
24        (8) placement of siblings.
25    (m) The Department may assume temporary custody of any
26child if:

 

 

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1        (1) it has received a written consent to such temporary
2    custody signed by the parents of the child or by the parent
3    having custody of the child if the parents are not living
4    together or by the guardian or custodian of the child if
5    the child is not in the custody of either parent, or
6        (2) the child is found in the State and neither a
7    parent, guardian nor custodian of the child can be located.
8If the child is found in his or her residence without a parent,
9guardian, custodian or responsible caretaker, the Department
10may, instead of removing the child and assuming temporary
11custody, place an authorized representative of the Department
12in that residence until such time as a parent, guardian or
13custodian enters the home and expresses a willingness and
14apparent ability to ensure the child's health and safety and
15resume permanent charge of the child, or until a relative
16enters the home and is willing and able to ensure the child's
17health and safety and assume charge of the child until a
18parent, guardian or custodian enters the home and expresses
19such willingness and ability to ensure the child's safety and
20resume permanent charge. After a caretaker has remained in the
21home for a period not to exceed 12 hours, the Department must
22follow those procedures outlined in Section 2-9, 3-11, 4-8, or
235-415 of the Juvenile Court Act of 1987.
24    The Department shall have the authority, responsibilities
25and duties that a legal custodian of the child would have
26pursuant to subsection (9) of Section 1-3 of the Juvenile Court

 

 

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1Act of 1987. Whenever a child is taken into temporary custody
2pursuant to an investigation under the Abused and Neglected
3Child Reporting Act, or pursuant to a referral and acceptance
4under the Juvenile Court Act of 1987 of a minor in limited
5custody, the Department, during the period of temporary custody
6and before the child is brought before a judicial officer as
7required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
8Court Act of 1987, shall have the authority, responsibilities
9and duties that a legal custodian of the child would have under
10subsection (9) of Section 1-3 of the Juvenile Court Act of
111987.
12    The Department shall ensure that any child taken into
13custody is scheduled for an appointment for a medical
14examination.
15    A parent, guardian or custodian of a child in the temporary
16custody of the Department who would have custody of the child
17if he were not in the temporary custody of the Department may
18deliver to the Department a signed request that the Department
19surrender the temporary custody of the child. The Department
20may retain temporary custody of the child for 10 days after the
21receipt of the request, during which period the Department may
22cause to be filed a petition pursuant to the Juvenile Court Act
23of 1987. If a petition is so filed, the Department shall retain
24temporary custody of the child until the court orders
25otherwise. If a petition is not filed within the 10-day period,
26the child shall be surrendered to the custody of the requesting

 

 

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1parent, guardian or custodian not later than the expiration of
2the 10-day period, at which time the authority and duties of
3the Department with respect to the temporary custody of the
4child shall terminate.
5    (m-1) The Department may place children under 18 years of
6age in a secure child care facility licensed by the Department
7that cares for children who are in need of secure living
8arrangements for their health, safety, and well-being after a
9determination is made by the facility director and the Director
10or the Director's designate prior to admission to the facility
11subject to Section 2-27.1 of the Juvenile Court Act of 1987.
12This subsection (m-1) does not apply to a child who is subject
13to placement in a correctional facility operated pursuant to
14Section 3-15-2 of the Unified Code of Corrections, unless the
15child is a youth in care who was placed in the care of the
16Department before being subject to placement in a correctional
17facility and a court of competent jurisdiction has ordered
18placement of the child in a secure care facility.
19    (n) The Department may place children under 18 years of age
20in licensed child care facilities when in the opinion of the
21Department, appropriate services aimed at family preservation
22have been unsuccessful and cannot ensure the child's health and
23safety or are unavailable and such placement would be for their
24best interest. Payment for board, clothing, care, training and
25supervision of any child placed in a licensed child care
26facility may be made by the Department, by the parents or

 

 

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1guardians of the estates of those children, or by both the
2Department and the parents or guardians, except that no
3payments shall be made by the Department for any child placed
4in a licensed child care facility for board, clothing, care,
5training and supervision of such a child that exceed the
6average per capita cost of maintaining and of caring for a
7child in institutions for dependent or neglected children
8operated by the Department. However, such restriction on
9payments does not apply in cases where children require
10specialized care and treatment for problems of severe emotional
11disturbance, physical disability, social adjustment, or any
12combination thereof and suitable facilities for the placement
13of such children are not available at payment rates within the
14limitations set forth in this Section. All reimbursements for
15services delivered shall be absolutely inalienable by
16assignment, sale, attachment, garnishment or otherwise.
17    (n-1) The Department shall provide or authorize child
18welfare services, aimed at assisting minors to achieve
19sustainable self-sufficiency as independent adults, for any
20minor eligible for the reinstatement of wardship pursuant to
21subsection (2) of Section 2-33 of the Juvenile Court Act of
221987, whether or not such reinstatement is sought or allowed,
23provided that the minor consents to such services and has not
24yet attained the age of 21. The Department shall have
25responsibility for the development and delivery of services
26under this Section. An eligible youth may access services under

 

 

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1this Section through the Department of Children and Family
2Services or by referral from the Department of Human Services.
3Youth participating in services under this Section shall
4cooperate with the assigned case manager in developing an
5agreement identifying the services to be provided and how the
6youth will increase skills to achieve self-sufficiency. A
7homeless shelter is not considered appropriate housing for any
8youth receiving child welfare services under this Section. The
9Department shall continue child welfare services under this
10Section to any eligible minor until the minor becomes 21 years
11of age, no longer consents to participate, or achieves
12self-sufficiency as identified in the minor's service plan. The
13Department of Children and Family Services shall create clear,
14readable notice of the rights of former foster youth to child
15welfare services under this Section and how such services may
16be obtained. The Department of Children and Family Services and
17the Department of Human Services shall disseminate this
18information statewide. The Department shall adopt regulations
19describing services intended to assist minors in achieving
20sustainable self-sufficiency as independent adults.
21    (o) The Department shall establish an administrative
22review and appeal process for children and families who request
23or receive child welfare services from the Department. Youth in
24care who are placed by private child welfare agencies, and
25foster families with whom those youth are placed, shall be
26afforded the same procedural and appeal rights as children and

 

 

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1families in the case of placement by the Department, including
2the right to an initial review of a private agency decision by
3that agency. The Department shall ensure that any private child
4welfare agency, which accepts youth in care for placement,
5affords those rights to children and foster families. The
6Department shall accept for administrative review and an appeal
7hearing a complaint made by (i) a child or foster family
8concerning a decision following an initial review by a private
9child welfare agency or (ii) a prospective adoptive parent who
10alleges a violation of subsection (j-5) of this Section. An
11appeal of a decision concerning a change in the placement of a
12child shall be conducted in an expedited manner. A court
13determination that a current foster home placement is necessary
14and appropriate under Section 2-28 of the Juvenile Court Act of
151987 does not constitute a judicial determination on the merits
16of an administrative appeal, filed by a former foster parent,
17involving a change of placement decision.
18    (p) (Blank).
19    (q) The Department may receive and use, in their entirety,
20for the benefit of children any gift, donation or bequest of
21money or other property which is received on behalf of such
22children, or any financial benefits to which such children are
23or may become entitled while under the jurisdiction or care of
24the Department.
25    The Department shall set up and administer no-cost,
26interest-bearing accounts in appropriate financial

 

 

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1institutions for children for whom the Department is legally
2responsible and who have been determined eligible for Veterans'
3Benefits, Social Security benefits, assistance allotments from
4the armed forces, court ordered payments, parental voluntary
5payments, Supplemental Security Income, Railroad Retirement
6payments, Black Lung benefits, or other miscellaneous
7payments. Interest earned by each account shall be credited to
8the account, unless disbursed in accordance with this
9subsection.
10    In disbursing funds from children's accounts, the
11Department shall:
12        (1) Establish standards in accordance with State and
13    federal laws for disbursing money from children's
14    accounts. In all circumstances, the Department's
15    "Guardianship Administrator" or his or her designee must
16    approve disbursements from children's accounts. The
17    Department shall be responsible for keeping complete
18    records of all disbursements for each account for any
19    purpose.
20        (2) Calculate on a monthly basis the amounts paid from
21    State funds for the child's board and care, medical care
22    not covered under Medicaid, and social services; and
23    utilize funds from the child's account, as covered by
24    regulation, to reimburse those costs. Monthly,
25    disbursements from all children's accounts, up to 1/12 of
26    $13,000,000, shall be deposited by the Department into the

 

 

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1    General Revenue Fund and the balance over 1/12 of
2    $13,000,000 into the DCFS Children's Services Fund.
3        (3) Maintain any balance remaining after reimbursing
4    for the child's costs of care, as specified in item (2).
5    The balance shall accumulate in accordance with relevant
6    State and federal laws and shall be disbursed to the child
7    or his or her guardian, or to the issuing agency.
8    (r) The Department shall promulgate regulations
9encouraging all adoption agencies to voluntarily forward to the
10Department or its agent names and addresses of all persons who
11have applied for and have been approved for adoption of a
12hard-to-place child or child with a disability and the names of
13such children who have not been placed for adoption. A list of
14such names and addresses shall be maintained by the Department
15or its agent, and coded lists which maintain the
16confidentiality of the person seeking to adopt the child and of
17the child shall be made available, without charge, to every
18adoption agency in the State to assist the agencies in placing
19such children for adoption. The Department may delegate to an
20agent its duty to maintain and make available such lists. The
21Department shall ensure that such agent maintains the
22confidentiality of the person seeking to adopt the child and of
23the child.
24    (s) The Department of Children and Family Services may
25establish and implement a program to reimburse Department and
26private child welfare agency foster parents licensed by the

 

 

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1Department of Children and Family Services for damages
2sustained by the foster parents as a result of the malicious or
3negligent acts of foster children, as well as providing third
4party coverage for such foster parents with regard to actions
5of foster children to other individuals. Such coverage will be
6secondary to the foster parent liability insurance policy, if
7applicable. The program shall be funded through appropriations
8from the General Revenue Fund, specifically designated for such
9purposes.
10    (t) The Department shall perform home studies and
11investigations and shall exercise supervision over visitation
12as ordered by a court pursuant to the Illinois Marriage and
13Dissolution of Marriage Act or the Adoption Act only if:
14        (1) an order entered by an Illinois court specifically
15    directs the Department to perform such services; and
16        (2) the court has ordered one or both of the parties to
17    the proceeding to reimburse the Department for its
18    reasonable costs for providing such services in accordance
19    with Department rules, or has determined that neither party
20    is financially able to pay.
21    The Department shall provide written notification to the
22court of the specific arrangements for supervised visitation
23and projected monthly costs within 60 days of the court order.
24The Department shall send to the court information related to
25the costs incurred except in cases where the court has
26determined the parties are financially unable to pay. The court

 

 

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1may order additional periodic reports as appropriate.
2    (u) In addition to other information that must be provided,
3whenever the Department places a child with a prospective
4adoptive parent or parents or in a licensed foster home, group
5home, child care institution, or in a relative home, the
6Department shall provide to the prospective adoptive parent or
7parents or other caretaker:
8        (1) available detailed information concerning the
9    child's educational and health history, copies of
10    immunization records (including insurance and medical card
11    information), a history of the child's previous
12    placements, if any, and reasons for placement changes
13    excluding any information that identifies or reveals the
14    location of any previous caretaker;
15        (2) a copy of the child's portion of the client service
16    plan, including any visitation arrangement, and all
17    amendments or revisions to it as related to the child; and
18        (3) information containing details of the child's
19    individualized educational plan when the child is
20    receiving special education services.
21    The caretaker shall be informed of any known social or
22behavioral information (including, but not limited to,
23criminal background, fire setting, perpetuation of sexual
24abuse, destructive behavior, and substance abuse) necessary to
25care for and safeguard the children to be placed or currently
26in the home. The Department may prepare a written summary of

 

 

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1the information required by this paragraph, which may be
2provided to the foster or prospective adoptive parent in
3advance of a placement. The foster or prospective adoptive
4parent may review the supporting documents in the child's file
5in the presence of casework staff. In the case of an emergency
6placement, casework staff shall at least provide known
7information verbally, if necessary, and must subsequently
8provide the information in writing as required by this
9subsection.
10    The information described in this subsection shall be
11provided in writing. In the case of emergency placements when
12time does not allow prior review, preparation, and collection
13of written information, the Department shall provide such
14information as it becomes available. Within 10 business days
15after placement, the Department shall obtain from the
16prospective adoptive parent or parents or other caretaker a
17signed verification of receipt of the information provided.
18Within 10 business days after placement, the Department shall
19provide to the child's guardian ad litem a copy of the
20information provided to the prospective adoptive parent or
21parents or other caretaker. The information provided to the
22prospective adoptive parent or parents or other caretaker shall
23be reviewed and approved regarding accuracy at the supervisory
24level.
25    (u-5) Effective July 1, 1995, only foster care placements
26licensed as foster family homes pursuant to the Child Care Act

 

 

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1of 1969 shall be eligible to receive foster care payments from
2the Department. Relative caregivers who, as of July 1, 1995,
3were approved pursuant to approved relative placement rules
4previously promulgated by the Department at 89 Ill. Adm. Code
5335 and had submitted an application for licensure as a foster
6family home may continue to receive foster care payments only
7until the Department determines that they may be licensed as a
8foster family home or that their application for licensure is
9denied or until September 30, 1995, whichever occurs first.
10    (v) The Department shall access criminal history record
11information as defined in the Illinois Uniform Conviction
12Information Act and information maintained in the adjudicatory
13and dispositional record system as defined in Section 2605-355
14of the Department of State Police Law (20 ILCS 2605/2605-355)
15if the Department determines the information is necessary to
16perform its duties under the Abused and Neglected Child
17Reporting Act, the Child Care Act of 1969, and the Children and
18Family Services Act. The Department shall provide for
19interactive computerized communication and processing
20equipment that permits direct on-line communication with the
21Department of State Police's central criminal history data
22repository. The Department shall comply with all certification
23requirements and provide certified operators who have been
24trained by personnel from the Department of State Police. In
25addition, one Office of the Inspector General investigator
26shall have training in the use of the criminal history

 

 

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1information access system and have access to the terminal. The
2Department of Children and Family Services and its employees
3shall abide by rules and regulations established by the
4Department of State Police relating to the access and
5dissemination of this information.
6    (v-1) Prior to final approval for placement of a child, the
7Department shall conduct a criminal records background check of
8the prospective foster or adoptive parent, including
9fingerprint-based checks of national crime information
10databases. Final approval for placement shall not be granted if
11the record check reveals a felony conviction for child abuse or
12neglect, for spousal abuse, for a crime against children, or
13for a crime involving violence, including rape, sexual assault,
14or homicide, but not including other physical assault or
15battery, or if there is a felony conviction for physical
16assault, battery, or a drug-related offense committed within
17the past 5 years.
18    (v-2) Prior to final approval for placement of a child, the
19Department shall check its child abuse and neglect registry for
20information concerning prospective foster and adoptive
21parents, and any adult living in the home. If any prospective
22foster or adoptive parent or other adult living in the home has
23resided in another state in the preceding 5 years, the
24Department shall request a check of that other state's child
25abuse and neglect registry.
26    (w) Within 120 days of August 20, 1995 (the effective date

 

 

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1of Public Act 89-392), the Department shall prepare and submit
2to the Governor and the General Assembly, a written plan for
3the development of in-state licensed secure child care
4facilities that care for children who are in need of secure
5living arrangements for their health, safety, and well-being.
6For purposes of this subsection, secure care facility shall
7mean a facility that is designed and operated to ensure that
8all entrances and exits from the facility, a building or a
9distinct part of the building, are under the exclusive control
10of the staff of the facility, whether or not the child has the
11freedom of movement within the perimeter of the facility,
12building, or distinct part of the building. The plan shall
13include descriptions of the types of facilities that are needed
14in Illinois; the cost of developing these secure care
15facilities; the estimated number of placements; the potential
16cost savings resulting from the movement of children currently
17out-of-state who are projected to be returned to Illinois; the
18necessary geographic distribution of these facilities in
19Illinois; and a proposed timetable for development of such
20facilities.
21    (x) The Department shall conduct annual credit history
22checks to determine the financial history of children placed
23under its guardianship pursuant to the Juvenile Court Act of
241987. The Department shall conduct such credit checks starting
25when a youth in care turns 12 years old and each year
26thereafter for the duration of the guardianship as terminated

 

 

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1pursuant to the Juvenile Court Act of 1987. The Department
2shall determine if financial exploitation of the child's
3personal information has occurred. If financial exploitation
4appears to have taken place or is presently ongoing, the
5Department shall notify the proper law enforcement agency, the
6proper State's Attorney, or the Attorney General.
7    (y) Beginning on July 22, 2010 (the effective date of
8Public Act 96-1189), a child with a disability who receives
9residential and educational services from the Department shall
10be eligible to receive transition services in accordance with
11Article 14 of the School Code from the age of 14.5 through age
1221, inclusive, notwithstanding the child's residential
13services arrangement. For purposes of this subsection, "child
14with a disability" means a child with a disability as defined
15by the federal Individuals with Disabilities Education
16Improvement Act of 2004.
17    (z) The Department shall access criminal history record
18information as defined as "background information" in this
19subsection and criminal history record information as defined
20in the Illinois Uniform Conviction Information Act for each
21Department employee or Department applicant. Each Department
22employee or Department applicant shall submit his or her
23fingerprints to the Department of State Police in the form and
24manner prescribed by the Department of State Police. These
25fingerprints shall be checked against the fingerprint records
26now and hereafter filed in the Department of State Police and

 

 

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1the Federal Bureau of Investigation criminal history records
2databases. The Department of State Police shall charge a fee
3for conducting the criminal history record check, which shall
4be deposited into the State Police Services Fund and shall not
5exceed the actual cost of the record check. The Department of
6State Police shall furnish, pursuant to positive
7identification, all Illinois conviction information to the
8Department of Children and Family Services.
9    For purposes of this subsection:
10    "Background information" means all of the following:
11        (i) Upon the request of the Department of Children and
12    Family Services, conviction information obtained from the
13    Department of State Police as a result of a
14    fingerprint-based criminal history records check of the
15    Illinois criminal history records database and the Federal
16    Bureau of Investigation criminal history records database
17    concerning a Department employee or Department applicant.
18        (ii) Information obtained by the Department of
19    Children and Family Services after performing a check of
20    the Department of State Police's Sex Offender Database, as
21    authorized by Section 120 of the Sex Offender Community
22    Notification Law, concerning a Department employee or
23    Department applicant.
24        (iii) Information obtained by the Department of
25    Children and Family Services after performing a check of
26    the Child Abuse and Neglect Tracking System (CANTS)

 

 

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1    operated and maintained by the Department.
2    "Department employee" means a full-time or temporary
3employee coded or certified within the State of Illinois
4Personnel System.
5    "Department applicant" means an individual who has
6conditional Department full-time or part-time work, a
7contractor, an individual used to replace or supplement staff,
8an academic intern, a volunteer in Department offices or on
9Department contracts, a work-study student, an individual or
10entity licensed by the Department, or an unlicensed service
11provider who works as a condition of a contract or an agreement
12and whose work may bring the unlicensed service provider into
13contact with Department clients or client records.
14(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
15100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.
161-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised
1710-3-18.)
 
18    Section 95. The Department of Commerce and Economic
19Opportunity Law of the Civil Administrative Code of Illinois is
20amended by changing Section 605-1020 as follows:
 
21    (20 ILCS 605/605-1020)
22    Sec. 605-1020. Entrepreneur Learner's Permit pilot
23program.
24    (a) Subject to appropriation, there is hereby established

 

 

HB3249 Enrolled- 139 -LRB101 07760 AMC 52809 b

1an Entrepreneur Learner's Permit pilot program that shall be
2administered by the Department beginning on July 1 of the first
3fiscal year for which an appropriation of State moneys is made
4for that purpose and continuing for the next 2 immediately
5succeeding fiscal years; however, the Department is not
6required to administer the program in any fiscal year for which
7such an appropriation has not been made. The purpose of the
8program shall be to encourage and assist beginning
9entrepreneurs in starting new businesses by providing
10reimbursements to those entrepreneurs for any State filing,
11permitting, or licensing fees associated with the formation of
12such a business in the State.
13    (b) Applicants for participation in the Entrepreneur
14Learner's Permit pilot program shall apply to the Department,
15in a form and manner prescribed by the Department, within one
16year after the formation of the business for which the
17entrepreneur seeks reimbursement of those fees. The Department
18shall adopt rules for the review and approval of applications,
19provided that it (1) shall give priority to applicants who are
20women or minority persons, or both, and (2) shall not approve
21any application by a person who will not be a beginning
22entrepreneur. Reimbursements under this Section shall be
23provided in the manner determined by the Department. In no
24event shall an applicant apply for participation in the program
25more than 3 times.
26    (c) The aggregate amount of all reimbursements provided by

 

 

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1the Department pursuant to this Section shall not exceed
2$500,000 in any State fiscal year.
3    (d) On or before February 1 of the last calendar year
4during which the pilot program is in effect, the Department
5shall submit a report to the Governor and the General Assembly
6on the cumulative effectiveness of the Entrepreneur Learner's
7Permit pilot program. The review shall include, but not be
8limited to, the number and type of businesses that were formed
9in connection with the pilot program, the current status of
10each business formed in connection with the pilot program, the
11number of employees employed by each such business, the
12economic impact to the State from the pilot program, the
13satisfaction of participants in the pilot program, and a
14recommendation as to whether the program should be continued.
15The report to the General Assembly shall be filed with the
16Clerk of the House of Representatives and the Secretary of the
17Senate in electronic form only, in the manner that the Clerk
18and the Secretary shall direct.
19    (e) As used in this Section:
20        "Beginning entrepreneur" means an individual who, at
21    the time he or she applies for participation in the
22    program, has less than 5 years of experience as a business
23    owner and is not a current business owner.
24        "Woman" and "minority person" have the meanings given
25    to those terms in the Business Enterprise for Minorities,
26    Women, and Persons with Disabilities Act.

 

 

HB3249 Enrolled- 141 -LRB101 07760 AMC 52809 b

1(Source: P.A. 100-541, eff. 11-7-17; 100-785, eff. 8-10-18;
2100-863, eff. 8-14-18; revised 8-31-18.)
 
3    Section 100. The Illinois Enterprise Zone Act is amended by
4changing Sections 4 and 9.1 as follows:
 
5    (20 ILCS 655/4)  (from Ch. 67 1/2, par. 604)
6    Sec. 4. Qualifications for enterprise zones.
7    (1) An area is qualified to become an enterprise zone
8which:
9        (a) is a contiguous area, provided that a zone area may
10    exclude wholly surrounded territory within its boundaries;
11        (b) comprises a minimum of one-half square mile and not
12    more than 12 square miles, or 15 square miles if the zone
13    is located within the jurisdiction of 4 or more counties or
14    municipalities, in total area, exclusive of lakes and
15    waterways; however, in such cases where the enterprise zone
16    is a joint effort of three or more units of government, or
17    two or more units of government if situated in a township
18    which is divided by a municipality of 1,000,000 or more
19    inhabitants, and where the certification has been in effect
20    at least one year, the total area shall comprise a minimum
21    of one-half square mile and not more than thirteen square
22    miles in total area exclusive of lakes and waterways;
23        (c) (blank);
24        (d) (blank);

 

 

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1        (e) is (1) entirely within a municipality or (2)
2    entirely within the unincorporated areas of a county,
3    except where reasonable need is established for such zone
4    to cover portions of more than one municipality or county
5    or (3) both comprises (i) all or part of a municipality and
6    (ii) an unincorporated area of a county; and
7        (f) meets 3 or more of the following criteria:
8            (1) all or part of the local labor market area has
9        had an annual average unemployment rate of at least
10        120% of the State's annual average unemployment rate
11        for the most recent calendar year or the most recent
12        fiscal year as reported by the Department of Employment
13        Security;
14            (2) designation will result in the development of
15        substantial employment opportunities by creating or
16        retaining a minimum aggregate of 1,000 full-time
17        equivalent jobs due to an aggregate investment of
18        $100,000,000 or more, and will help alleviate the
19        effects of poverty and unemployment within the local
20        labor market area;
21            (3) all or part of the local labor market area has
22        a poverty rate of at least 20% according to the latest
23        federal decennial census, 50% or more of children in
24        the local labor market area participate in the federal
25        free lunch program according to reported statistics
26        from the State Board of Education, or 20% or more

 

 

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1        households in the local labor market area receive food
2        stamps according to the latest federal decennial
3        census;
4            (4) an abandoned coal mine, a brownfield (as
5        defined in Section 58.2 of the Environmental
6        Protection Act), or an inactive nuclear-powered
7        nuclear powered electrical generation facility where
8        spent nuclear fuel is stored on-site is located in the
9        proposed zone area, or all or a portion of the proposed
10        zone was declared a federal disaster area in the 3
11        years preceding the date of application;
12            (5) the local labor market area contains a presence
13        of large employers that have downsized over the years,
14        the labor market area has experienced plant closures in
15        the 5 years prior to the date of application affecting
16        more than 50 workers, or the local labor market area
17        has experienced State or federal facility closures in
18        the 5 years prior to the date of application affecting
19        more than 50 workers;
20            (6) based on data from Multiple Listing Service
21        information or other suitable sources, the local labor
22        market area contains a high floor vacancy rate of
23        industrial or commercial properties, vacant or
24        demolished commercial and industrial structures are
25        prevalent in the local labor market area, or industrial
26        structures in the local labor market area are not used

 

 

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1        because of age, deterioration, relocation of the
2        former occupants, or cessation of operation;
3            (7) the applicant demonstrates a substantial plan
4        for using the designation to improve the State and
5        local government tax base, including income, sales,
6        and property taxes;
7            (8) significant public infrastructure is present
8        in the local labor market area in addition to a plan
9        for infrastructure development and improvement;
10            (9) high schools or community colleges located
11        within the local labor market area are engaged in ACT
12        Work Keys, Manufacturing Skills Standard
13        Certification, or other industry-based credentials
14        that prepare students for careers;
15            (10) the change in equalized assessed valuation of
16        industrial and/or commercial properties in the 5 years
17        prior to the date of application is equal to or less
18        than 50% of the State average change in equalized
19        assessed valuation for industrial and/or commercial
20        properties, as applicable, for the same period of time;
21        or
22            (11) the applicant demonstrates a substantial plan
23        for using the designation to encourage: (i)
24        participation by businesses owned by minorities,
25        women, and persons with disabilities, as those terms
26        are defined in the Business Enterprise for Minorities,

 

 

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1        Women, and Persons with Disabilities Act; and (ii) the
2        hiring of minorities, women, and persons with
3        disabilities.
4    As provided in Section 10-5.3 of the River Edge
5Redevelopment Zone Act, upon the expiration of the term of each
6River Edge Redevelopment Zone in existence on August 7, 2012
7(the effective date of Public Act 97-905) this amendatory Act
8of the 97th General Assembly, that River Edge Redevelopment
9Zone will become available for its previous designee or a new
10applicant to compete for designation as an enterprise zone. No
11preference for designation will be given to the previous
12designee of the zone.
13    (2) Any criteria established by the Department or by law
14which utilize the rate of unemployment for a particular area
15shall provide that all persons who are not presently employed
16and have exhausted all unemployment benefits shall be
17considered unemployed, whether or not such persons are actively
18seeking employment.
19(Source: P.A. 100-838, eff. 8-13-18; 100-1149, eff. 12-14-18;
20revised 1-3-19.)
 
21    (20 ILCS 655/9.1)  (from Ch. 67 1/2, par. 614)
22    Sec. 9.1. State and local regulatory alternatives.
23    (a) Agencies may provide in their rules and regulations
24for:
25        (i) the exemption of business enterprises within

 

 

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1    enterprise zones; or,
2        (ii) modifications or alternatives specifically
3    applicable to business enterprises within enterprise
4    zones, which impose less stringent standards or
5    alternative standards for compliance (including
6    performance-based standards as a substitute for specific
7    mandates of methods, procedures, or equipment).
8    Such exemptions, modifications, or alternatives shall be
9effected by rule or regulation promulgated in accordance with
10the Illinois Administrative Procedure Act. The Agency
11promulgating such exemptions, modifications, or alternatives
12shall file with its proposed rule or regulation its findings
13that the proposed rule or regulation provides economic
14incentives within enterprise zones which promote the purposes
15of this Act, and which, to the extent they include any
16exemptions or reductions in regulatory standards or
17requirements, outweigh the need or justification for the
18existing rule or regulation.
19    (b) If any agency promulgates a rule or regulation pursuant
20to paragraph (a) affecting a rule or regulation contained on
21the list published by the Department pursuant to Section 9,
22prior to the completion of the rulemaking rule making process
23for the Department's rules under that Section, the agency shall
24immediately transmit a copy of its proposed rule or regulation
25to the Department, together with a statement of reasons as to
26why the Department should defer to the agency's proposed rule

 

 

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1or regulation. Agency rules promulgated under paragraph (a)
2shall, however, be subject to the exemption rules and
3regulations of the Department promulgated under Section 9.
4    (c) Within enterprise zones, the designating county or
5municipality may modify all local ordinances and regulations
6regarding (1) zoning; (2) licensing; (3) building codes,
7excluding however, any regulations treating building defects;
8(4) rent control and price controls (except for the minimum
9wage). Notwithstanding any shorter statute of limitation to the
10contrary, actions against any contractor or architect who
11designs, constructs, or rehabilitates a building or structure
12in an enterprise zone in accordance with local standards
13specifically applicable within zones which have been relaxed
14may be commenced within 10 years from the time of beneficial
15occupancy of the building or use of the structure.
16(Source: P.A. 82-1019; revised 9-27-18.)
 
17    Section 105. The State Parks Designation Act is amended by
18changing Section 1 as follows:
 
19    (20 ILCS 840/1)  (from Ch. 105, par. 468g)
20    Sec. 1. The following described areas are designated State
21Parks and have the names herein ascribed to them:
22    Adeline Jay Geo-Karis Illinois Beach State Park, in Lake
23County;
24    Apple River Canyon State Park, in Jo Daviess County;

 

 

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1    Argyle Lake State Park, in McDonough County;
2    Beaver Dam State Park, in Macoupin County;
3    Buffalo Rock State Park, in LaSalle La Salle County;
4    Castle Rock State Park, in Ogle County;
5    Cave-in-Rock State Park, in Hardin County;
6    Chain O'Lakes State Park, in Lake and McHenry Counties;
7    Delabar State Park, in Henderson County;
8    Dixon State Park, in Lee County;
9    Dixon Springs State Park, in Pope County;
10    Eagle Creek State Park, in Shelby County;
11    Eldon Hazlet State Park, in Clinton County;
12    Ferne Clyffe State Park, in Johnson County;
13    Fort Creve Coeur State Park, in Tazewell County;
14    Fort Defiance State Park, in Alexander County;
15    Fort Massac State Park, in Massac County;
16    Fox Ridge State Park, in Coles County;
17    Frank Holten State Park, in St. Clair County;
18    Funk's Grove State Park, in McLean County;
19    Gebhard Woods State Park, in Grundy County;
20    Giant City State Park, in Jackson and Union Counties;
21    Goose Lake Prairie State Park, in Grundy County;
22    Hazel and Bill Rutherford Wildlife Prairie State Park, in
23Peoria County;
24    Hennepin Canal Parkway State Park, in Bureau, Henry, Rock
25Island, Lee and Whiteside Counties;
26    Horseshoe Lake State Park, in Madison and St. Clair

 

 

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1Counties;
2    Illini State Park, in LaSalle La Salle County;
3    Illinois and Michigan Canal State Park, in the counties of
4Cook, Will, Grundy, DuPage and LaSalle La Salle;
5    Johnson Sauk Trail State Park, in Henry County;
6    Jubilee College State Park, in Peoria County, excepting
7Jubilee College State Historic Site as described in Section 7.1
8of the Historic Preservation Act;
9    Kankakee River State Park, in Kankakee and Will Counties;
10    Kickapoo State Park, in Vermilion County;
11    Lake Le-Aqua-Na State Park, in Stephenson County;
12    Lake Murphysboro State Park, in Jackson County;
13    Laurence C. Warren State Park, in Cook County;
14    Lincoln Trail Homestead State Park, in Macon County;
15    Lincoln Trail State Park, in Clark County;
16    Lowden State Park, in Ogle County;
17    Matthiessen State Park, in LaSalle La Salle County;
18    McHenry Dam and Lake Defiance State Park, in McHenry
19County;
20    Mississippi Palisades State Park, in Carroll County;
21    Moraine View State Park, in McLean County;
22    Morrison-Rockwood State Park, in Whiteside County;
23    Nauvoo State Park, in Hancock County, containing Horton
24Lake;
25    Pere Marquette State Park, in Jersey County;
26    Prophetstown State Park, in Whiteside County;

 

 

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1    Pyramid State Park, in Perry County;
2    Railsplitter State Park, in Logan County;
3    Ramsey Lake State Park, in Fayette County;
4    Red Hills State Park, in Lawrence County;
5    Rock Cut State Park, in Winnebago County, containing Pierce
6Lake;
7    Rock Island Trail State Park, in Peoria and Stark Counties;
8    Sam Parr State Park, in Jasper County;
9    Sangchris Lake State Park, in Christian and Sangamon
10Counties;
11    Shabbona Lake and State Park, in DeKalb County;
12    Siloam Springs State Park, in Brown and Adams Counties;
13    Silver Springs State Park, in Kendall County;
14    South Shore State Park, in Clinton County;
15    Spitler Woods State Park, in Macon County;
16    Starved Rock State Park, in LaSalle La Salle County;
17    Stephen A. Forbes State Park, in Marion County;
18    Walnut Point State Park, in Douglas County;
19    Wayne Fitzgerrell State Park, in Franklin County;
20    Weinberg-King State Park, in Schuyler County;
21    Weldon Springs State Park, in DeWitt County;
22    White Pines Forest State Park, in Ogle County;
23    William G. Stratton State Park, in Grundy County;
24    Wolf Creek State Park, in Shelby County.
25(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)
 

 

 

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1    Section 110. The Outdoor Recreation Resources Act is
2amended by changing Section 2a as follows:
 
3    (20 ILCS 860/2a)  (from Ch. 105, par. 532a)
4    Sec. 2a. The Department of Natural Resources is authorized
5to have prepared with the Department of Commerce and Economic
6Opportunity and to maintain, and keep up to date up-to-date a
7comprehensive plan for the preservation of the historically
8significant properties and interests of the State.
9(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)
 
10    Section 115. The Recreational Trails of Illinois Act is
11amended by changing Section 25.5 as follows:
 
12    (20 ILCS 862/25.5)
13    Sec. 25.5. Off-highway vehicle trails public access
14sticker.
15    (a) An off-highway vehicle trails public access sticker is
16a separate and additional requirement from the Off-Highway
17Vehicle Usage Stamp under Section 26 of this Act.
18    (b) Except as provided in subsection (c) of this Section, a
19person may not operate and an owner may not give permission to
20another to operate an off-highway vehicle on lands or waters in
21public off-highway vehicle parks paid for, operated, or
22supported by the grant program established under subsection (d)
23of Section 15 of this Act unless the off-highway vehicle

 

 

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1displays an off-highway vehicle trails public access sticker in
2a manner prescribed by the Department by rule.
3    (c) An off-highway vehicle does not need an off-highway
4vehicle trails a public access sticker if the off-highway
5vehicle is used on private land or if the off-highway vehicle
6is owned by the State, the federal government, or a unit of
7local government.
8    (d) The Department shall issue an off-highway vehicle
9trails the public access sticker stickers and shall charge the
10following fees:
11        (1) $30 for 3 years for individuals;
12        (2) $50 for 3 years for rental units;
13        (3) $75 for 3 years for dealer and manufacturer
14    demonstrations and research;
15        (4) $50 for 3 years for an all-terrain vehicle or
16    off-highway motorcycle used for production agriculture, as
17    defined in Section 3-821 of the Illinois Vehicle Code;
18        (5) $50 for 3 years for residents of a State other than
19    Illinois that does not have a reciprocal agreement with the
20    Department, under subsection (e) of this Section; and
21        (6) $50 for 3 years for an all-terrain vehicle or
22    off-highway motorcycle that does not have a title.
23The Department, by administrative rule, may make replacement
24stickers available at a reduced cost. The fees for public
25access stickers shall be deposited into the Off-Highway Vehicle
26Trails Fund.

 

 

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1    (e) The Department may enter into reciprocal agreements
2with other states that have a similar off-highway vehicle
3trails public access sticker program to allow residents of
4those states to operate off-highway vehicles on land or lands
5or waters in public off-highway vehicle parks paid for,
6operated, or supported by the off-highway vehicle trails grant
7program established under subsection (d) of Section 15 of this
8Act without acquiring an off-highway vehicle trails public
9access sticker in this State under subsection (b) of this
10Section.
11    (f) The Department may license vendors to sell off-highway
12vehicle trails public access stickers. Issuing fees may be set
13by administrative rule.
14    (g) Any person participating in an organized competitive
15event on land or lands in off-highway vehicle parks paid for,
16operated by, or supported by the grant program established in
17subsection (d) of Section 15 shall display the public access
18sticker required under subsection (b) of this Section or pay $5
19per event. Fees collected under this subsection shall be
20deposited into the Off-Highway Vehicle Trails Fund.
21(Source: P.A. 100-798, eff. 1-1-19; revised 10-3-18.)
 
22    Section 120. The Department of Human Services Act is
23amended by changing Section 1-17 as follows:
 
24    (20 ILCS 1305/1-17)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1exploitation.
2    (h) Training programs. The Inspector General shall (i)
3establish a comprehensive program to ensure that every person
4authorized to conduct investigations receives ongoing training
5relative to investigation techniques, communication skills,
6and the appropriate means of interacting with persons receiving
7treatment for mental illness, developmental disability, or
8both mental illness and developmental disability, and (ii)
9establish and conduct periodic training programs for facility
10and agency employees concerning the prevention and reporting of
11any one or more of the following: mental abuse, physical abuse,
12sexual abuse, neglect, egregious neglect, or financial
13exploitation. The Inspector General shall further ensure (i)
14every person authorized to conduct investigations at community
15agencies receives ongoing training in Title 59, Parts 115, 116,
16and 119 of the Illinois Administrative Code, and (ii) every
17person authorized to conduct investigations shall receive
18ongoing training in Title 59, Part 50 of the Illinois
19Administrative Code. Nothing in this Section shall be deemed to
20prevent the Office of Inspector General from conducting any
21other training as determined by the Inspector General to be
22necessary or helpful.
23    (i) Duty to cooperate.
24        (1) The Inspector General shall at all times be granted
25    access to any facility or agency for the purpose of
26    investigating any allegation, conducting unannounced site

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1substantiated, unsubstantiated, or unfounded. Within 10
2business days after the transmittal of a completed
3investigative report substantiating an allegation, finding an
4allegation is unsubstantiated, or if a recommendation is made,
5the Inspector General shall provide the investigative report on
6the case to the Secretary and to the director of the facility
7or agency where any one or more of the following occurred:
8mental abuse, physical abuse, sexual abuse, neglect, egregious
9neglect, or financial exploitation. The director of the
10facility or agency shall be responsible for maintaining the
11confidentiality of the investigative report consistent with
12State and federal law. In a substantiated case, the
13investigative report shall include any mitigating or
14aggravating circumstances that were identified during the
15investigation. If the case involves substantiated neglect, the
16investigative report shall also state whether egregious
17neglect was found. An investigative report may also set forth
18recommendations. All investigative reports prepared by the
19Office of the Inspector General shall be considered
20confidential and shall not be released except as provided by
21the law of this State or as required under applicable federal
22law. Unsubstantiated and unfounded reports shall not be
23disclosed except as allowed under Section 6 of the Abused and
24Neglected Long Term Care Facility Residents Reporting Act. Raw
25data used to compile the investigative report shall not be
26subject to release unless required by law or a court order.

 

 

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

 

 

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1    appropriate corrective action to be taken.
2        (2) Requests for clarification. The facility, agency,
3    victim or guardian, or the subject employee may request
4    that the Office of Inspector General clarify the finding or
5    findings for which clarification is sought.
6        (3) Requests for reconsideration. The facility,
7    agency, victim or guardian, or the subject employee may
8    request that the Office of the Inspector General reconsider
9    the finding or findings or the recommendations. A request
10    for reconsideration shall be subject to a multi-layer
11    review and shall include at least one reviewer who did not
12    participate in the investigation or approval of the
13    original investigative report. After the multi-layer
14    review process has been completed, the Inspector General
15    shall make the final determination on the reconsideration
16    request. The investigation shall be reopened if the
17    reconsideration determination finds that additional
18    information is needed to complete the investigative
19    record.
20    (o) Disclosure of the finding by the Inspector General. The
21Inspector General shall disclose the finding of an
22investigation to the following persons: (i) the Governor, (ii)
23the Secretary, (iii) the director of the facility or agency,
24(iv) the alleged victims and their guardians, (v) the
25complainant, and (vi) the accused. This information shall
26include whether the allegations were deemed substantiated,

 

 

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1unsubstantiated, or unfounded.
2    (p) Secretary review. Upon review of the Inspector
3General's investigative report and any agency's or facility's
4written response, the Secretary shall accept or reject the
5written response and notify the Inspector General of that
6determination. The Secretary may further direct that other
7administrative action be taken, including, but not limited to,
8any one or more of the following: (i) additional site visits,
9(ii) training, (iii) provision of technical assistance
10relative to administrative needs, licensure, or certification,
11or (iv) the imposition of appropriate sanctions.
12    (q) Action by facility or agency. Within 30 days of the
13date the Secretary approves the written response or directs
14that further administrative action be taken, the facility or
15agency shall provide an implementation report to the Inspector
16General that provides the status of the action taken. The
17facility or agency shall be allowed an additional 30 days to
18send notice of completion of the action or to send an updated
19implementation report. If the action has not been completed
20within the additional 30-day period, the facility or agency
21shall send updated implementation reports every 60 days until
22completion. The Inspector General shall conduct a review of any
23implementation plan that takes more than 120 days after
24approval to complete, and shall monitor compliance through a
25random review of approved written responses, which may include,
26but are not limited to: (i) site visits, (ii) telephone

 

 

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1contact, and (iii) requests for additional documentation
2evidencing compliance.
3    (r) Sanctions. Sanctions, if imposed by the Secretary under
4Subdivision (p)(iv) of this Section, shall be designed to
5prevent further acts of mental abuse, physical abuse, sexual
6abuse, neglect, egregious neglect, or financial exploitation
7or some combination of one or more of those acts at a facility
8or agency, and may include any one or more of the following:
9        (1) Appointment of on-site monitors.
10        (2) Transfer or relocation of an individual or
11    individuals.
12        (3) Closure of units.
13        (4) Termination of any one or more of the following:
14    (i) Department licensing, (ii) funding, or (iii)
15    certification.
16    The Inspector General may seek the assistance of the
17Illinois Attorney General or the office of any State's Attorney
18in implementing sanctions.
19    (s) Health Care Worker Registry.
20        (1) Reporting to the Registry. The Inspector General
21    shall report to the Department of Public Health's Health
22    Care Worker Registry, a public registry, the identity and
23    finding of each employee of a facility or agency against
24    whom there is a final investigative report containing a
25    substantiated allegation of physical or sexual abuse,
26    financial exploitation, or egregious neglect of an

 

 

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1    individual.
2        (2) Notice to employee. Prior to reporting the name of
3    an employee, the employee shall be notified of the
4    Department's obligation to report and shall be granted an
5    opportunity to request an administrative hearing, the sole
6    purpose of which is to determine if the substantiated
7    finding warrants reporting to the Registry. Notice to the
8    employee shall contain a clear and concise statement of the
9    grounds on which the report to the Registry is based, offer
10    the employee an opportunity for a hearing, and identify the
11    process for requesting such a hearing. Notice is sufficient
12    if provided by certified mail to the employee's last known
13    address. If the employee fails to request a hearing within
14    30 days from the date of the notice, the Inspector General
15    shall report the name of the employee to the Registry.
16    Nothing in this subdivision (s)(2) shall diminish or impair
17    the rights of a person who is a member of a collective
18    bargaining unit under the Illinois Public Labor Relations
19    Act or under any other federal labor statute.
20        (3) Registry hearings. If the employee requests an
21    administrative hearing, the employee shall be granted an
22    opportunity to appear before an administrative law judge to
23    present reasons why the employee's name should not be
24    reported to the Registry. The Department shall bear the
25    burden of presenting evidence that establishes, by a
26    preponderance of the evidence, that the substantiated

 

 

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1    finding warrants reporting to the Registry. After
2    considering all the evidence presented, the administrative
3    law judge shall make a recommendation to the Secretary as
4    to whether the substantiated finding warrants reporting
5    the name of the employee to the Registry. The Secretary
6    shall render the final decision. The Department and the
7    employee shall have the right to request that the
8    administrative law judge consider a stipulated disposition
9    of these proceedings.
10        (4) Testimony at Registry hearings. A person who makes
11    a report or who investigates a report under this Act shall
12    testify fully in any judicial proceeding resulting from
13    such a report, as to any evidence of abuse or neglect, or
14    the cause thereof. No evidence shall be excluded by reason
15    of any common law or statutory privilege relating to
16    communications between the alleged perpetrator of abuse or
17    neglect, or the individual alleged as the victim in the
18    report, and the person making or investigating the report.
19    Testimony at hearings is exempt from the confidentiality
20    requirements of subsection (f) of Section 10 of the Mental
21    Health and Developmental Disabilities Confidentiality Act.
22        (5) Employee's rights to collateral action. No
23    reporting to the Registry shall occur and no hearing shall
24    be set or proceed if an employee notifies the Inspector
25    General in writing, including any supporting
26    documentation, that he or she is formally contesting an

 

 

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1    adverse employment action resulting from a substantiated
2    finding by complaint filed with the Illinois Civil Service
3    Commission, or which otherwise seeks to enforce the
4    employee's rights pursuant to any applicable collective
5    bargaining agreement. If an action taken by an employer
6    against an employee as a result of a finding of physical
7    abuse, sexual abuse, or egregious neglect is overturned
8    through an action filed with the Illinois Civil Service
9    Commission or under any applicable collective bargaining
10    agreement and if that employee's name has already been sent
11    to the Registry, the employee's name shall be removed from
12    the Registry.
13        (6) Removal from Registry. At any time after the report
14    to the Registry, but no more than once in any 12-month
15    period, an employee may petition the Department in writing
16    to remove his or her name from the Registry. Upon receiving
17    notice of such request, the Inspector General shall conduct
18    an investigation into the petition. Upon receipt of such
19    request, an administrative hearing will be set by the
20    Department. At the hearing, the employee shall bear the
21    burden of presenting evidence that establishes, by a
22    preponderance of the evidence, that removal of the name
23    from the Registry is in the public interest. The parties
24    may jointly request that the administrative law judge
25    consider a stipulated disposition of these proceedings.
26    (t) Review of Administrative Decisions. The Department

 

 

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1shall preserve a record of all proceedings at any formal
2hearing conducted by the Department involving Health Care
3Worker Registry hearings. Final administrative decisions of
4the Department are subject to judicial review pursuant to
5provisions of the Administrative Review Law.
6    (u) Quality Care Board. There is created, within the Office
7of the Inspector General, a Quality Care Board to be composed
8of 7 members appointed by the Governor with the advice and
9consent of the Senate. One of the members shall be designated
10as chairman by the Governor. Of the initial appointments made
11by the Governor, 4 Board members shall each be appointed for a
12term of 4 years and 3 members shall each be appointed for a
13term of 2 years. Upon the expiration of each member's term, a
14successor shall be appointed for a term of 4 years. In the case
15of a vacancy in the office of any member, the Governor shall
16appoint a successor for the remainder of the unexpired term.
17    Members appointed by the Governor shall be qualified by
18professional knowledge or experience in the area of law,
19investigatory techniques, or in the area of care of the
20mentally ill or care of persons with developmental
21disabilities. Two members appointed by the Governor shall be
22persons with a disability or parents a parent of persons a
23person with a disability. Members shall serve without
24compensation, but shall be reimbursed for expenses incurred in
25connection with the performance of their duties as members.
26    The Board shall meet quarterly, and may hold other meetings

 

 

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1on the call of the chairman. Four members shall constitute a
2quorum allowing the Board to conduct its business. The Board
3may adopt rules and regulations it deems necessary to govern
4its own procedures.
5    The Board shall monitor and oversee the operations,
6policies, and procedures of the Inspector General to ensure the
7prompt and thorough investigation of allegations of neglect and
8abuse. In fulfilling these responsibilities, the Board may do
9the following:
10        (1) Provide independent, expert consultation to the
11    Inspector General on policies and protocols for
12    investigations of alleged abuse, neglect, or both abuse and
13    neglect.
14        (2) Review existing regulations relating to the
15    operation of facilities.
16        (3) Advise the Inspector General as to the content of
17    training activities authorized under this Section.
18        (4) Recommend policies concerning methods for
19    improving the intergovernmental relationships between the
20    Office of the Inspector General and other State or federal
21    offices.
22    (v) Annual report. The Inspector General shall provide to
23the General Assembly and the Governor, no later than January 1
24of each year, a summary of reports and investigations made
25under this Act for the prior fiscal year with respect to
26individuals receiving mental health or developmental

 

 

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1disabilities services. The report shall detail the imposition
2of sanctions, if any, and the final disposition of any
3corrective or administrative action directed by the Secretary.
4The summaries shall not contain any confidential or identifying
5information of any individual, but shall include objective data
6identifying any trends in the number of reported allegations,
7the timeliness of the Office of the Inspector General's
8investigations, and their disposition, for each facility and
9Department-wide, for the most recent 3-year time period. The
10report shall also identify, by facility, the staff-to-patient
11ratios taking account of direct care staff only. The report
12shall also include detailed recommended administrative actions
13and matters for consideration by the General Assembly.
14    (w) Program audit. The Auditor General shall conduct a
15program audit of the Office of the Inspector General on an
16as-needed basis, as determined by the Auditor General. The
17audit shall specifically include the Inspector General's
18compliance with the Act and effectiveness in investigating
19reports of allegations occurring in any facility or agency. The
20Auditor General shall conduct the program audit according to
21the provisions of the Illinois State Auditing Act and shall
22report its findings to the General Assembly no later than
23January 1 following the audit period.
24    (x) Nothing in this Section shall be construed to mean that
25an individual is a victim of abuse or neglect because of health
26care services appropriately provided or not provided by health

 

 

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1care professionals.
2    (y) Nothing in this Section shall require a facility,
3including its employees, agents, medical staff members, and
4health care professionals, to provide a service to an
5individual in contravention of that individual's stated or
6implied objection to the provision of that service on the
7ground that that service conflicts with the individual's
8religious beliefs or practices, nor shall the failure to
9provide a service to an individual be considered abuse under
10this Section if the individual has objected to the provision of
11that service based on his or her religious beliefs or
12practices.
13(Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15;
1499-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff.
158-25-17; 100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991,
16eff. 8-20-18; 100-1098, eff. 8-26-18; revised 10-3-18.)
 
17    Section 125. The Regional Integrated Behavioral Health
18Networks Act is amended by changing Section 25 as follows:
 
19    (20 ILCS 1340/25)
20    Sec. 25. Development of Network plans. Each Network shall
21develop a plan for its respective region that addresses the
22following:
23        (a) Inventory of all mental health and substance use
24    disorder services, primary health care facilities and

 

 

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1    services, private hospitals, State-operated psychiatric
2    hospitals, long-term long term care facilities, social
3    services, transportation services, and any services
4    available to serve persons with mental and substance use
5    illnesses.
6        (b) Identification of unmet community needs,
7    including, but not limited to, the following:
8            (1) Waiting lists in community mental health and
9        substance use disorder services.
10            (2) Hospital emergency department use by persons
11        with mental and substance use illnesses, including
12        volume, length of stay, and challenges associated with
13        obtaining psychiatric assessment.
14            (3) Difficulty obtaining admission to inpatient
15        facilities, and reasons therefor therefore.
16            (4) Availability of primary care providers in the
17        community, including Federally Qualified Health
18        Centers and Rural Health Centers.
19            (5) Availability of psychiatrists and mental
20        health professionals.
21            (6) Transportation issues.
22            (7) Other.
23        (c) Identification of opportunities to improve access
24    to mental and substance use disorder services through the
25    integration of specialty behavioral health services with
26    primary care, including, but not limited to, the following:

 

 

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1            (1) Availability of Federally Qualified Health
2        Centers in community with mental health staff.
3            (2) Development of accountable care organizations
4        or other primary care entities.
5            (3) Availability of acute care hospitals with
6        specialized psychiatric capacity.
7            (4) Community providers with an interest in
8        collaborating with acute care providers.
9        (d) Development of a plan to address community needs,
10    including a specific timeline for implementation of
11    specific objectives and establishment of evaluation
12    measures. The comprehensive plan should include the
13    complete continuum of behavioral health services,
14    including, but not limited to, the following:
15            (1) Prevention.
16            (2) Client assessment and diagnosis.
17            (3) An array of outpatient behavioral health
18        services.
19            (4) Case coordination.
20            (5) Crisis and emergency services.
21            (6) Treatment, including inpatient psychiatric
22        services in public and private hospitals.
23            (7) Long-term Long term care facilities.
24            (8) Community residential alternatives to
25        institutional settings.
26            (9) Primary care services.

 

 

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1(Source: P.A. 100-759, eff. 1-1-19; revised 9-25-18.)
 
2    Section 130. The Department of Innovation and Technology
3Act is amended by changing Sections 1-35 and 1-45 as follows:
 
4    (20 ILCS 1370/1-35)
5    Sec. 1-35. Communications.
6    (a) The Department shall develop and implement a
7comprehensive plan to coordinate or centralize communications
8among State agencies with offices at different locations. The
9plan shall be updated based on a continuing study of
10communications problems of State government and shall include
11any information technology-related technology related
12equipment or service used for communication purposes including
13digital, analog, or future transmission medium, whether for
14voice, data, or any combination thereof. The plan shall take
15into consideration systems that might effect economies,
16including, but not limited to, quantity discount services and
17may include provision of telecommunications service to local
18and federal government entities located within this State if
19State interests can be served by so doing.
20    (b) The Department shall provide for and coordinate
21communications services for State agencies and, when requested
22and when in the best interests of the State, for units of
23federal or local governments and public and not-for-profit
24institutions of primary, secondary, and higher education. The

 

 

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1Department may make use of, or support or provide any
2information technology-related technology related
3communications equipment or services necessary and available
4to support the needs of interested parties not associated with
5State government provided that State government usage shall
6have first priority. For this purpose the Department shall have
7the power to do all of the following:
8        (1) Provide for and control the procurement,
9    retention, installation, and maintenance of communications
10    equipment or services used by State agencies in the
11    interest of efficiency and economy.
12        (2) Review existing standards and, where appropriate,
13    propose to establish new or modified standards for State
14    agencies which shall include a minimum of one
15    telecommunication device for the deaf installed and
16    operational within each State agency, to provide public
17    access to agency information for those persons who are
18    hearing or speech impaired. The Department shall consult
19    the Department of Human Services to develop standards and
20    implementation for this equipment.
21        (3) Establish charges for information technology for
22    State agencies and, when requested, for units of federal or
23    local government and public and not-for-profit
24    institutions of primary, secondary, or higher education.
25    Entities charged for these services shall pay the
26    Department.

 

 

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1        (4) Instruct all State agencies to report their usage
2    of communication services regularly to the Department in
3    the manner the Department may prescribe.
4        (5) Analyze the present and future aims and needs of
5    all State agencies in the area of communications services
6    and plan to serve those aims and needs in the most
7    effective and efficient manner.
8        (6) Provide telecommunications and other
9    communications services.
10        (7) Establish the administrative organization within
11    the Department that is required to accomplish the purpose
12    of this Section.
13    As used in this subsection (b) only, "State agencies" means
14all departments, officers, commissions, boards, institutions,
15and bodies politic and corporate of the State except (i) the
16judicial branch, including, without limitation, the several
17courts of the State, the offices of the clerk of the supreme
18court and the clerks of the appellate court, and the
19Administrative Office of the Illinois Courts, (ii) State
20constitutional offices, and (iii) the General Assembly,
21legislative service agencies, and all officers of the General
22Assembly.
23    This subsection (b) does not apply to the procurement of
24Next Generation 9-1-1 service as governed by Section 15.6b of
25the Emergency Telephone System Act.
26(Source: P.A. 100-611, eff. 7-20-18; revised 9-26-18.)
 

 

 

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1    (20 ILCS 1370/1-45)
2    Sec. 1-45. Grants for distance learning services. The
3Department may award grants to public community colleges and
4educational education service centers for development and
5implementation of telecommunications systems that provide
6distance learning services.
7(Source: P.A. 100-611, eff. 7-20-18; revised 10-3-18.)
 
8    Section 135. The Illinois Information Security Improvement
9Act is amended by changing Sections 5-20 and 5-25 as follows:
 
10    (20 ILCS 1375/5-20)
11    Sec. 5-20. Statewide Chief Information Security Officer.
12The position of Statewide Chief Information Security Officer is
13established within the Office. The Secretary shall appoint a
14Statewide Chief Information Security Officer who shall serve at
15the pleasure of the Secretary. The Statewide Chief Information
16Security Officer shall report to and be under the supervision
17of the Secretary. The Statewide Chief Information Security
18Officer shall exhibit a background and experience in
19information security, information technology, or risk
20management, or exhibit other appropriate expertise required to
21fulfill the duties of the Statewide Chief Information Security
22Officer. If the Statewide Chief Information Security Officer is
23unable or unavailable to perform the duties and

 

 

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1responsibilities under Section 5-25 25, all powers and
2authority granted to the Statewide Chief Information Security
3Officer may be exercised by the Secretary or his or her
4designee.
5(Source: P.A. 100-611, eff. 7-20-18; revised 10-3-18.)
 
6    (20 ILCS 1375/5-25)
7    Sec. 5-25. Responsibilities.
8    (a) The Secretary shall:
9        (1) appoint a Statewide Chief Information Security
10    Officer pursuant to Section 5-20 20;
11        (2) provide the Office with the staffing and resources
12    deemed necessary by the Secretary to fulfill the
13    responsibilities of the Office;
14        (3) oversee statewide information security policies
15    and practices, including:
16            (A) directing and overseeing the development,
17        implementation, and communication of statewide
18        information security policies, standards, and
19        guidelines;
20            (B) overseeing the education of State agency
21        personnel regarding the requirement to identify and
22        provide information security protections commensurate
23        with the risk and magnitude of the harm resulting from
24        the unauthorized access, use, disclosure, disruption,
25        modification, or destruction of information in a

 

 

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1        critical information system;
2            (C) overseeing the development and implementation
3        of a statewide information security risk management
4        program;
5            (D) overseeing State agency compliance with the
6        requirements of this Section;
7            (E) coordinating Information Security policies and
8        practices with related information and personnel
9        resources management policies and procedures; and
10            (F) providing an effective and efficient process
11        to assist State agencies with complying with the
12        requirements of this Act.
13    (b) The Statewide Chief Information Security Officer
14shall:
15        (1) serve as the head of the Office and ensure the
16    execution of the responsibilities of the Office as set
17    forth in subsection (c) of Section 5-15 15, the Statewide
18    Chief Information Security Officer shall also oversee
19    State agency personnel with significant responsibilities
20    for information security and ensure a competent workforce
21    that keeps pace with the changing information security
22    environment;
23        (2) develop and recommend information security
24    policies, standards, procedures, and guidelines to the
25    Secretary for statewide adoption and monitor compliance
26    with these policies, standards, guidelines, and procedures

 

 

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1    through periodic testing;
2        (3) develop and maintain risk-based, cost-effective
3    information security programs and control techniques to
4    address all applicable security and compliance
5    requirements throughout the life cycle of State agency
6    information systems;
7        (4) establish the procedures, processes, and
8    technologies to rapidly and effectively identify threats,
9    risks, and vulnerabilities to State information systems,
10    and ensure the prioritization of the remediation of
11    vulnerabilities that pose risk to the State;
12        (5) develop and implement capabilities and procedures
13    for detecting, reporting, and responding to information
14    security incidents;
15        (6) establish and direct a statewide information
16    security risk management program to identify information
17    security risks in State agencies and deploy risk mitigation
18    strategies, processes, and procedures;
19        (7) establish the State's capability to sufficiently
20    protect the security of data through effective information
21    system security planning, secure system development,
22    acquisition, and deployment, the application of protective
23    technologies and information system certification,
24    accreditation, and assessments;
25        (8) ensure that State agency personnel, including
26    contractors, are appropriately screened and receive

 

 

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1    information security awareness training;
2        (9) convene meetings with agency heads and other State
3    officials to help ensure:
4            (A) the ongoing communication of risk and risk
5        reduction strategies,
6            (B) effective implementation of information
7        security policies and practices, and
8            (C) the incorporation of and compliance with
9        information security policies, standards, and
10        guidelines into the policies and procedures of the
11        agencies;
12        (10) provide operational and technical assistance to
13    State agencies in implementing policies, principles,
14    standards, and guidelines on information security,
15    including implementation of standards promulgated under
16    subparagraph (A) of paragraph (3) of subsection (a) of this
17    Section, and provide assistance and effective and
18    efficient means for State agencies to comply with the State
19    agency requirements under this Act;
20        (11) in coordination and consultation with the
21    Secretary and the Governor's Office of Management and
22    Budget, review State agency budget requests related to
23    Information Security systems and provide recommendations
24    to the Governor's Office of Management and Budget;
25        (12) ensure the preparation and maintenance of plans
26    and procedures to provide cyber resilience and continuity

 

 

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1    of operations for critical information systems that
2    support the operations of the State; and
3        (13) take such other actions as the Secretary may
4    direct.
5(Source: P.A. 100-611, eff. 7-20-18; revised 10-9-18.)
 
6    Section 140. The Illinois Lottery Law is amended by
7changing Sections 2, 9.1, and 20 and by setting forth,
8renumbering, and changing multiple versions of Section 21.10 as
9follows:
 
10    (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
11    Sec. 2. This Act is enacted to implement and establish
12within the State a lottery to be conducted by the State through
13the Department. The entire net proceeds of the Lottery are to
14be used for the support of the State's Common School Fund,
15except as provided in subsection (o) of Section 9.1 and
16Sections 21.5, 21.6, 21.7, 21.8, 21.9, and 21.10, and 21.11.
17The General Assembly finds that it is in the public interest
18for the Department to conduct the functions of the Lottery with
19the assistance of a private manager under a management
20agreement overseen by the Department. The Department shall be
21accountable to the General Assembly and the people of the State
22through a comprehensive system of regulation, audits, reports,
23and enduring operational oversight. The Department's ongoing
24conduct of the Lottery through a management agreement with a

 

 

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1private manager shall act to promote and ensure the integrity,
2security, honesty, and fairness of the Lottery's operation and
3administration. It is the intent of the General Assembly that
4the Department shall conduct the Lottery with the assistance of
5a private manager under a management agreement at all times in
6a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
71953(b)(4).
8    Beginning with Fiscal Year 2018 and every year thereafter,
9any moneys transferred from the State Lottery Fund to the
10Common School Fund shall be supplemental to, and not in lieu
11of, any other money due to be transferred to the Common School
12Fund by law or appropriation.
13(Source: P.A. 99-933, eff. 1-27-17; 100-466, eff. 6-1-18;
14100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; revised
159-20-18.)
 
16    (20 ILCS 1605/9.1)
17    Sec. 9.1. Private manager and management agreement.
18    (a) As used in this Section:
19    "Offeror" means a person or group of persons that responds
20to a request for qualifications under this Section.
21    "Request for qualifications" means all materials and
22documents prepared by the Department to solicit the following
23from offerors:
24        (1) Statements of qualifications.
25        (2) Proposals to enter into a management agreement,

 

 

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1    including the identity of any prospective vendor or vendors
2    that the offeror intends to initially engage to assist the
3    offeror in performing its obligations under the management
4    agreement.
5    "Final offer" means the last proposal submitted by an
6offeror in response to the request for qualifications,
7including the identity of any prospective vendor or vendors
8that the offeror intends to initially engage to assist the
9offeror in performing its obligations under the management
10agreement.
11    "Final offeror" means the offeror ultimately selected by
12the Governor to be the private manager for the Lottery under
13subsection (h) of this Section.
14    (b) By September 15, 2010, the Governor shall select a
15private manager for the total management of the Lottery with
16integrated functions, such as lottery game design, supply of
17goods and services, and advertising and as specified in this
18Section.
19    (c) Pursuant to the terms of this subsection, the
20Department shall endeavor to expeditiously terminate the
21existing contracts in support of the Lottery in effect on the
22effective date of this amendatory Act of the 96th General
23Assembly in connection with the selection of the private
24manager. As part of its obligation to terminate these contracts
25and select the private manager, the Department shall establish
26a mutually agreeable timetable to transfer the functions of

 

 

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1existing contractors to the private manager so that existing
2Lottery operations are not materially diminished or impaired
3during the transition. To that end, the Department shall do the
4following:
5        (1) where such contracts contain a provision
6    authorizing termination upon notice, the Department shall
7    provide notice of termination to occur upon the mutually
8    agreed timetable for transfer of functions;
9        (2) upon the expiration of any initial term or renewal
10    term of the current Lottery contracts, the Department shall
11    not renew such contract for a term extending beyond the
12    mutually agreed timetable for transfer of functions; or
13        (3) in the event any current contract provides for
14    termination of that contract upon the implementation of a
15    contract with the private manager, the Department shall
16    perform all necessary actions to terminate the contract on
17    the date that coincides with the mutually agreed timetable
18    for transfer of functions.
19    If the contracts to support the current operation of the
20Lottery in effect on the effective date of this amendatory Act
21of the 96th General Assembly are not subject to termination as
22provided for in this subsection (c), then the Department may
23include a provision in the contract with the private manager
24specifying a mutually agreeable methodology for incorporation.
25    (c-5) The Department shall include provisions in the
26management agreement whereby the private manager shall, for a

 

 

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1fee, and pursuant to a contract negotiated with the Department
2(the "Employee Use Contract"), utilize the services of current
3Department employees to assist in the administration and
4operation of the Lottery. The Department shall be the employer
5of all such bargaining unit employees assigned to perform such
6work for the private manager, and such employees shall be State
7employees, as defined by the Personnel Code. Department
8employees shall operate under the same employment policies,
9rules, regulations, and procedures, as other employees of the
10Department. In addition, neither historical representation
11rights under the Illinois Public Labor Relations Act, nor
12existing collective bargaining agreements, shall be disturbed
13by the management agreement with the private manager for the
14management of the Lottery.
15    (d) The management agreement with the private manager shall
16include all of the following:
17        (1) A term not to exceed 10 years, including any
18    renewals.
19        (2) A provision specifying that the Department:
20            (A) shall exercise actual control over all
21        significant business decisions;
22            (A-5) has the authority to direct or countermand
23        operating decisions by the private manager at any time;
24            (B) has ready access at any time to information
25        regarding Lottery operations;
26            (C) has the right to demand and receive information

 

 

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1        from the private manager concerning any aspect of the
2        Lottery operations at any time; and
3            (D) retains ownership of all trade names,
4        trademarks, and intellectual property associated with
5        the Lottery.
6        (3) A provision imposing an affirmative duty on the
7    private manager to provide the Department with material
8    information and with any information the private manager
9    reasonably believes the Department would want to know to
10    enable the Department to conduct the Lottery.
11        (4) A provision requiring the private manager to
12    provide the Department with advance notice of any operating
13    decision that bears significantly on the public interest,
14    including, but not limited to, decisions on the kinds of
15    games to be offered to the public and decisions affecting
16    the relative risk and reward of the games being offered, so
17    the Department has a reasonable opportunity to evaluate and
18    countermand that decision.
19        (5) A provision providing for compensation of the
20    private manager that may consist of, among other things, a
21    fee for services and a performance based bonus as
22    consideration for managing the Lottery, including terms
23    that may provide the private manager with an increase in
24    compensation if Lottery revenues grow by a specified
25    percentage in a given year.
26        (6) (Blank).

 

 

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1        (7) A provision requiring the deposit of all Lottery
2    proceeds to be deposited into the State Lottery Fund except
3    as otherwise provided in Section 20 of this Act.
4        (8) A provision requiring the private manager to locate
5    its principal office within the State.
6        (8-5) A provision encouraging that at least 20% of the
7    cost of contracts entered into for goods and services by
8    the private manager in connection with its management of
9    the Lottery, other than contracts with sales agents or
10    technical advisors, be awarded to businesses that are a
11    minority-owned business, a women-owned business, or a
12    business owned by a person with disability, as those terms
13    are defined in the Business Enterprise for Minorities,
14    Women, and Persons with Disabilities Act.
15        (9) A requirement that so long as the private manager
16    complies with all the conditions of the agreement under the
17    oversight of the Department, the private manager shall have
18    the following duties and obligations with respect to the
19    management of the Lottery:
20            (A) The right to use equipment and other assets
21        used in the operation of the Lottery.
22            (B) The rights and obligations under contracts
23        with retailers and vendors.
24            (C) The implementation of a comprehensive security
25        program by the private manager.
26            (D) The implementation of a comprehensive system

 

 

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1        of internal audits.
2            (E) The implementation of a program by the private
3        manager to curb compulsive gambling by persons playing
4        the Lottery.
5            (F) A system for determining (i) the type of
6        Lottery games, (ii) the method of selecting winning
7        tickets, (iii) the manner of payment of prizes to
8        holders of winning tickets, (iv) the frequency of
9        drawings of winning tickets, (v) the method to be used
10        in selling tickets, (vi) a system for verifying the
11        validity of tickets claimed to be winning tickets,
12        (vii) the basis upon which retailer commissions are
13        established by the manager, and (viii) minimum
14        payouts.
15        (10) A requirement that advertising and promotion must
16    be consistent with Section 7.8a of this Act.
17        (11) A requirement that the private manager market the
18    Lottery to those residents who are new, infrequent, or
19    lapsed players of the Lottery, especially those who are
20    most likely to make regular purchases on the Internet as
21    permitted by law.
22        (12) A code of ethics for the private manager's
23    officers and employees.
24        (13) A requirement that the Department monitor and
25    oversee the private manager's practices and take action
26    that the Department considers appropriate to ensure that

 

 

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1    the private manager is in compliance with the terms of the
2    management agreement, while allowing the manager, unless
3    specifically prohibited by law or the management
4    agreement, to negotiate and sign its own contracts with
5    vendors.
6        (14) A provision requiring the private manager to
7    periodically file, at least on an annual basis, appropriate
8    financial statements in a form and manner acceptable to the
9    Department.
10        (15) Cash reserves requirements.
11        (16) Procedural requirements for obtaining the prior
12    approval of the Department when a management agreement or
13    an interest in a management agreement is sold, assigned,
14    transferred, or pledged as collateral to secure financing.
15        (17) Grounds for the termination of the management
16    agreement by the Department or the private manager.
17        (18) Procedures for amendment of the agreement.
18        (19) A provision requiring the private manager to
19    engage in an open and competitive bidding process for any
20    procurement having a cost in excess of $50,000 that is not
21    a part of the private manager's final offer. The process
22    shall favor the selection of a vendor deemed to have
23    submitted a proposal that provides the Lottery with the
24    best overall value. The process shall not be subject to the
25    provisions of the Illinois Procurement Code, unless
26    specifically required by the management agreement.

 

 

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1        (20) The transition of rights and obligations,
2    including any associated equipment or other assets used in
3    the operation of the Lottery, from the manager to any
4    successor manager of the lottery, including the
5    Department, following the termination of or foreclosure
6    upon the management agreement.
7        (21) Right of use of copyrights, trademarks, and
8    service marks held by the Department in the name of the
9    State. The agreement must provide that any use of them by
10    the manager shall only be for the purpose of fulfilling its
11    obligations under the management agreement during the term
12    of the agreement.
13        (22) The disclosure of any information requested by the
14    Department to enable it to comply with the reporting
15    requirements and information requests provided for under
16    subsection (p) of this Section.
17    (e) Notwithstanding any other law to the contrary, the
18Department shall select a private manager through a competitive
19request for qualifications process consistent with Section
2020-35 of the Illinois Procurement Code, which shall take into
21account:
22        (1) the offeror's ability to market the Lottery to
23    those residents who are new, infrequent, or lapsed players
24    of the Lottery, especially those who are most likely to
25    make regular purchases on the Internet;
26        (2) the offeror's ability to address the State's

 

 

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1    concern with the social effects of gambling on those who
2    can least afford to do so;
3        (3) the offeror's ability to provide the most
4    successful management of the Lottery for the benefit of the
5    people of the State based on current and past business
6    practices or plans of the offeror; and
7        (4) the offeror's poor or inadequate past performance
8    in servicing, equipping, operating or managing a lottery on
9    behalf of Illinois, another State or foreign government and
10    attracting persons who are not currently regular players of
11    a lottery.
12    (f) The Department may retain the services of an advisor or
13advisors with significant experience in financial services or
14the management, operation, and procurement of goods, services,
15and equipment for a government-run lottery to assist in the
16preparation of the terms of the request for qualifications and
17selection of the private manager. Any prospective advisor
18seeking to provide services under this subsection (f) shall
19disclose any material business or financial relationship
20during the past 3 years with any potential offeror, or with a
21contractor or subcontractor presently providing goods,
22services, or equipment to the Department to support the
23Lottery. The Department shall evaluate the material business or
24financial relationship of each prospective advisor. The
25Department shall not select any prospective advisor with a
26substantial business or financial relationship that the

 

 

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1Department deems to impair the objectivity of the services to
2be provided by the prospective advisor. During the course of
3the advisor's engagement by the Department, and for a period of
4one year thereafter, the advisor shall not enter into any
5business or financial relationship with any offeror or any
6vendor identified to assist an offeror in performing its
7obligations under the management agreement. Any advisor
8retained by the Department shall be disqualified from being an
9offeror. The Department shall not include terms in the request
10for qualifications that provide a material advantage whether
11directly or indirectly to any potential offeror, or any
12contractor or subcontractor presently providing goods,
13services, or equipment to the Department to support the
14Lottery, including terms contained in previous responses to
15requests for proposals or qualifications submitted to
16Illinois, another State or foreign government when those terms
17are uniquely associated with a particular potential offeror,
18contractor, or subcontractor. The request for proposals
19offered by the Department on December 22, 2008 as
20"LOT08GAMESYS" and reference number "22016176" is declared
21void.
22    (g) The Department shall select at least 2 offerors as
23finalists to potentially serve as the private manager no later
24than August 9, 2010. Upon making preliminary selections, the
25Department shall schedule a public hearing on the finalists'
26proposals and provide public notice of the hearing at least 7

 

 

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1calendar days before the hearing. The notice must include all
2of the following:
3        (1) The date, time, and place of the hearing.
4        (2) The subject matter of the hearing.
5        (3) A brief description of the management agreement to
6    be awarded.
7        (4) The identity of the offerors that have been
8    selected as finalists to serve as the private manager.
9        (5) The address and telephone number of the Department.
10    (h) At the public hearing, the Department shall (i) provide
11sufficient time for each finalist to present and explain its
12proposal to the Department and the Governor or the Governor's
13designee, including an opportunity to respond to questions
14posed by the Department, Governor, or designee and (ii) allow
15the public and non-selected offerors to comment on the
16presentations. The Governor or a designee shall attend the
17public hearing. After the public hearing, the Department shall
18have 14 calendar days to recommend to the Governor whether a
19management agreement should be entered into with a particular
20finalist. After reviewing the Department's recommendation, the
21Governor may accept or reject the Department's recommendation,
22and shall select a final offeror as the private manager by
23publication of a notice in the Illinois Procurement Bulletin on
24or before September 15, 2010. The Governor shall include in the
25notice a detailed explanation and the reasons why the final
26offeror is superior to other offerors and will provide

 

 

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1management services in a manner that best achieves the
2objectives of this Section. The Governor shall also sign the
3management agreement with the private manager.
4    (i) Any action to contest the private manager selected by
5the Governor under this Section must be brought within 7
6calendar days after the publication of the notice of the
7designation of the private manager as provided in subsection
8(h) of this Section.
9    (j) The Lottery shall remain, for so long as a private
10manager manages the Lottery in accordance with provisions of
11this Act, a Lottery conducted by the State, and the State shall
12not be authorized to sell or transfer the Lottery to a third
13party.
14    (k) Any tangible personal property used exclusively in
15connection with the lottery that is owned by the Department and
16leased to the private manager shall be owned by the Department
17in the name of the State and shall be considered to be public
18property devoted to an essential public and governmental
19function.
20    (l) The Department may exercise any of its powers under
21this Section or any other law as necessary or desirable for the
22execution of the Department's powers under this Section.
23    (m) Neither this Section nor any management agreement
24entered into under this Section prohibits the General Assembly
25from authorizing forms of gambling that are not in direct
26competition with the Lottery.

 

 

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1    (n) The private manager shall be subject to a complete
2investigation in the third, seventh, and tenth years of the
3agreement (if the agreement is for a 10-year term) by the
4Department in cooperation with the Auditor General to determine
5whether the private manager has complied with this Section and
6the management agreement. The private manager shall bear the
7cost of an investigation or reinvestigation of the private
8manager under this subsection.
9    (o) The powers conferred by this Section are in addition
10and supplemental to the powers conferred by any other law. If
11any other law or rule is inconsistent with this Section,
12including, but not limited to, provisions of the Illinois
13Procurement Code, then this Section controls as to any
14management agreement entered into under this Section. This
15Section and any rules adopted under this Section contain full
16and complete authority for a management agreement between the
17Department and a private manager. No law, procedure,
18proceeding, publication, notice, consent, approval, order, or
19act by the Department or any other officer, Department, agency,
20or instrumentality of the State or any political subdivision is
21required for the Department to enter into a management
22agreement under this Section. This Section contains full and
23complete authority for the Department to approve any contracts
24entered into by a private manager with a vendor providing
25goods, services, or both goods and services to the private
26manager under the terms of the management agreement, including

 

 

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1subcontractors of such vendors.
2    Upon receipt of a written request from the Chief
3Procurement Officer, the Department shall provide to the Chief
4Procurement Officer a complete and un-redacted copy of the
5management agreement or any contract that is subject to the
6Department's approval authority under this subsection (o). The
7Department shall provide a copy of the agreement or contract to
8the Chief Procurement Officer in the time specified by the
9Chief Procurement Officer in his or her written request, but no
10later than 5 business days after the request is received by the
11Department. The Chief Procurement Officer must retain any
12portions of the management agreement or of any contract
13designated by the Department as confidential, proprietary, or
14trade secret information in complete confidence pursuant to
15subsection (g) of Section 7 of the Freedom of Information Act.
16The Department shall also provide the Chief Procurement Officer
17with reasonable advance written notice of any contract that is
18pending Department approval.
19    Notwithstanding any other provision of this Section to the
20contrary, the Chief Procurement Officer shall adopt
21administrative rules, including emergency rules, to establish
22a procurement process to select a successor private manager if
23a private management agreement has been terminated. The
24selection process shall at a minimum take into account the
25criteria set forth in items (1) through (4) of subsection (e)
26of this Section and may include provisions consistent with

 

 

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1subsections (f), (g), (h), and (i) of this Section. The Chief
2Procurement Officer shall also implement and administer the
3adopted selection process upon the termination of a private
4management agreement. The Department, after the Chief
5Procurement Officer certifies that the procurement process has
6been followed in accordance with the rules adopted under this
7subsection (o), shall select a final offeror as the private
8manager and sign the management agreement with the private
9manager.
10    Except as provided in Sections 21.5, 21.6, 21.7, 21.8,
1121.9, and 21.10, and 21.11, 21.10 the Department shall
12distribute all proceeds of lottery tickets and shares sold in
13the following priority and manner:
14        (1) The payment of prizes and retailer bonuses.
15        (2) The payment of costs incurred in the operation and
16    administration of the Lottery, including the payment of
17    sums due to the private manager under the management
18    agreement with the Department.
19        (3) On the last day of each month or as soon thereafter
20    as possible, the State Comptroller shall direct and the
21    State Treasurer shall transfer from the State Lottery Fund
22    to the Common School Fund an amount that is equal to the
23    proceeds transferred in the corresponding month of fiscal
24    year 2009, as adjusted for inflation, to the Common School
25    Fund.
26        (4) On or before September 30 of each fiscal year,

 

 

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1    deposit any estimated remaining proceeds from the prior
2    fiscal year, subject to payments under items (1), (2), and
3    (3), into the Capital Projects Fund. Beginning in fiscal
4    year 2019, the amount deposited shall be increased or
5    decreased each year by the amount the estimated payment
6    differs from the amount determined from each year-end
7    financial audit. Only remaining net deficits from prior
8    fiscal years may reduce the requirement to deposit these
9    funds, as determined by the annual financial audit.
10    (p) The Department shall be subject to the following
11reporting and information request requirements:
12        (1) the Department shall submit written quarterly
13    reports to the Governor and the General Assembly on the
14    activities and actions of the private manager selected
15    under this Section;
16        (2) upon request of the Chief Procurement Officer, the
17    Department shall promptly produce information related to
18    the procurement activities of the Department and the
19    private manager requested by the Chief Procurement
20    Officer; the Chief Procurement Officer must retain
21    confidential, proprietary, or trade secret information
22    designated by the Department in complete confidence
23    pursuant to subsection (g) of Section 7 of the Freedom of
24    Information Act; and
25        (3) at least 30 days prior to the beginning of the
26    Department's fiscal year, the Department shall prepare an

 

 

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1    annual written report on the activities of the private
2    manager selected under this Section and deliver that report
3    to the Governor and General Assembly.
4(Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17;
5100-587, eff. 6-4-18; 100-647, eff. 7-30-18; 100-1068, eff.
68-24-18; revised 9-20-18.)
 
7    (20 ILCS 1605/20)  (from Ch. 120, par. 1170)
8    Sec. 20. State Lottery Fund.
9    (a) There is created in the State Treasury a special fund
10to be known as the "State Lottery Fund". Such fund shall
11consist of all revenues received from (1) the sale of lottery
12tickets or shares, (net of commissions, fees representing those
13expenses that are directly proportionate to the sale of tickets
14or shares at the agent location, and prizes of less than $600
15which have been validly paid at the agent level), (2)
16application fees, and (3) all other sources including moneys
17credited or transferred thereto from any other fund or source
18pursuant to law. Interest earnings of the State Lottery Fund
19shall be credited to the Common School Fund.
20    (b) The receipt and distribution of moneys under Section
2121.5 of this Act shall be in accordance with Section 21.5.
22    (c) The receipt and distribution of moneys under Section
2321.6 of this Act shall be in accordance with Section 21.6.
24    (d) The receipt and distribution of moneys under Section
2521.7 of this Act shall be in accordance with Section 21.7.

 

 

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1    (e) The receipt and distribution of moneys under Section
221.8 of this Act shall be in accordance with Section 21.8.
3    (f) The receipt and distribution of moneys under Section
421.9 of this Act shall be in accordance with Section 21.9.
5    (g) The receipt and distribution of moneys under Section
621.10 of this Act shall be in accordance with Section 21.10.
7    (h) (g) The receipt and distribution of moneys under
8Section 21.11 21.10 of this Act shall be in accordance with
9Section 21.11 21.10.
10(Source: P.A. 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18;
11revised 9-20-18.)
 
12    (20 ILCS 1605/21.10)
13    Sec. 21.10. Scratch-off for State police memorials.
14    (a) The Department shall offer a special instant
15scratch-off game for the benefit of State police memorials. The
16game shall commence on January 1, 2019 or as soon thereafter,
17at the discretion of the Director, as is reasonably practical.
18The operation of the game shall be governed by this Act and any
19rules adopted by the Department. If any provision of this
20Section is inconsistent with any other provision of this Act,
21then this Section governs.
22    (b) The net revenue from the State police memorials
23scratch-off game shall be deposited into the Criminal Justice
24Information Projects Fund and distributed equally, as soon as
25practical but at least on a monthly basis, to the Chicago

 

 

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1Police Memorial Foundation Fund, the Police Memorial Committee
2Fund, and the Illinois State Police Memorial Park Fund. Moneys
3transferred to the funds under this Section shall be used,
4subject to appropriation, to fund grants for building and
5maintaining memorials and parks; holding annual memorial
6commemorations; giving scholarships to children of officers
7killed or catastrophically injured in the line of duty, or
8those interested in pursuing a career in law enforcement;
9providing financial assistance to police officers and their
10families when a police officer is killed or injured in the line
11of duty; and providing financial assistance to officers for the
12purchase or replacement of bulletproof bullet proof vests to be
13used in the line of duty.
14    For purposes of this subsection, "net revenue" means the
15total amount for which tickets have been sold less the sum of
16the amount paid out in the prizes and the actual administrative
17expenses of the Department solely related to the scratch-off
18game under this Section.
19    (c) During the time that tickets are sold for the State
20police memorials scratch-off game, the Department shall not
21unreasonably diminish the efforts devoted to marketing any
22other instant scratch-off lottery game.
23    (d) The Department may adopt any rules necessary to
24implement and administer the provisions of this Section.
25(Source: P.A. 100-647, eff. 7-30-18; revised 9-17-18.)
 

 

 

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1    (20 ILCS 1605/21.11)
2    Sec. 21.11 21.10. Scratch-off for homelessness prevention
3programs.
4    (a) The Department shall offer a special instant
5scratch-off game to fund homelessness prevention programs. The
6game shall commence on July 1, 2019 or as soon thereafter, at
7the discretion of the Director, as is reasonably practical. The
8operation of the game shall be governed by this Act and any
9rules adopted by the Department. If any provision of this
10Section is inconsistent with any other provision of this Act,
11then this Section governs.
12    (b) The Homelessness Prevention Revenue Fund is created as
13a special fund in the State treasury. The net revenue from the
14scratch-off game to fund homelessness prevention programs
15shall be deposited into the Homelessness Prevention Revenue
16Fund. Subject to appropriation, moneys in the Fund shall be
17used by the Department of Human Services solely for grants to
18homelessness prevention and assistance projects under the
19Homelessness Prevention Act.
20    As used in this subsection, "net revenue" means the total
21amount for which tickets have been sold less the sum of the
22amount paid out in the prizes and the actual administrative
23expenses of the Department solely related to the scratch-off
24game under this Section.
25    (c) During the time that tickets are sold for the
26scratch-off game to fund homelessness prevention programs, the

 

 

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1Department shall not unreasonably diminish the efforts devoted
2to marketing any other instant scratch-off lottery game.
3    (d) The Department may adopt any rules necessary to
4implement and administer the provisions of this Section.
5    (e) Nothing in this Section shall be construed to affect
6any revenue that any Homelessness Prevention line item receives
7through the General Revenue Fund or the Illinois Affordable
8Housing Trust Fund.
9(Source: P.A. 100-1068, eff. 8-24-18; revised 9-17-18.)
 
10    Section 145. The Mental Health and Developmental
11Disabilities Administrative Act is amended by changing Section
124.4 as follows:
 
13    (20 ILCS 1705/4.4)
14    Sec. 4.4. Direct support person credential pilot program.
15    (a) In this Section, "direct support person credential"
16means a document issued to an individual by a recognized
17accrediting body attesting that the individual has met the
18professional requirements of the credentialing program by the
19Division of Developmental Disabilities of the Department of
20Human Services.
21    (b) The Division shall initiate a program to continue to
22gain the expertise and knowledge of the developmental
23disabilities workforce and of the developmental disabilities
24workforce recruitment and retention needs throughout the

 

 

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1developmental disabilities field. The Division shall implement
2a direct support person credential pilot program to assist and
3attract persons into the field of direct support, advance
4direct support as a career, and professionalize the field to
5promote workforce recruitment and retention efforts, advanced
6skills and competencies, and further ensure the health, safety,
7and well-being of persons being served.
8    (c) The direct support person credential pilot program is
9created within the Division to assist persons in the field of
10developmental disabilities in obtaining obtain a credential in
11their fields of expertise.
12    (d) The pilot program shall be administered by the Division
13for 3 years. The pilot program shall include providers,
14licensed and certified by the Division or by the Department of
15Public Health. The purpose of the pilot program is to assess
16how the establishment of a State-accredited direct support
17person credential:
18        (1) promotes recruitment and retention efforts in the
19    developmental disabilities field, notably the direct
20    support person position;
21        (2) enhances competence in the developmental
22    disabilities field;
23        (3) yields quality supports and services to persons
24    with developmental disabilities; and
25        (4) advances the health and safety requirements set
26    forth by the State.

 

 

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1    (e) The Division, in administering the pilot program, shall
2consider, but not be limited to, the following:
3        (1) best practices learning initiatives, including the
4    University of Minnesota's college of direct support and all
5    Illinois Department of Human Services-approved direct
6    support person competencies;
7        (2) national direct support professional and person
8    competencies or credentialing-based standards and
9    trainings;
10        (3) facilitating direct support person's portfolio
11    development;
12        (4) the role and value of skill mentors; and
13        (5) creating a career ladder.
1