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91_SB0745enr SB745 Enrolled LRB9101253EGfg 1 AN ACT to revise the law by combining multiple enactments 2 and making technical corrections. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Nature of this Act. 6 (a) This Act may be cited as the First 1999 General 7 Revisory Act. 8 (b) This Act is not intended to make any substantive 9 change in the law. It reconciles conflicts that have arisen 10 from multiple amendments and enactments and makes technical 11 corrections and revisions in the law. 12 This Act revises and, where appropriate, renumbers 13 certain Sections that have been added or amended by more than 14 one Public Act. In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law. This Act also corrects errors, revises 18 cross-references, and deletes obsolete text. 19 (c) In this Act, the reference at the end of each 20 amended Section indicates the sources in the Session Laws of 21 Illinois that were used in the preparation of the text of 22 that Section. The text of the Section included in this Act 23 is intended to include the different versions of the Section 24 found in the Public Acts included in the list of sources, but 25 may not include other versions of the Section to be found in 26 Public Acts not included in the list of sources. The list of 27 sources is not a part of the text of the Section. 28 (d) Public Acts 90-567 through 90-810 were considered in 29 the preparation of the combining revisories included in this 30 Act. Many of those combining revisories contain no striking 31 or underscoring because no additional changes are being made 32 in the material that is being combined. SB745 Enrolled -2- LRB9101253EGfg 1 Section 5. The Regulatory Sunset Act is amended by 2 changing Section 4.18 as follows: 3 (5 ILCS 80/4.18) 4 Sec. 4.18. Acts repealed January 1, 2008. The following 5 Acts are repealed on January 1, 2008: 6 The Acupuncture Practice Act. 7 The Clinical Social Work and Social Work Practice Act. 8 The Home Medical Equipment and Services Provider License 9 Act. 10 TheIllinoisNursing and Advanced Practice Nursing Actof111987. 12 The Illinois Petroleum Education and Marketing Act. 13 The Illinois Speech-Language Pathology and Audiology 14 Practice Act. 15 The Marriage and Family Therapy Licensing Act. 16 The Nursing Home Administrators Licensing and 17 Disciplinary Act. 18 The Pharmacy Practice Act of 1987. 19 The Physician Assistant Practice Act of 1987. 20 The Podiatric Medical Practice Act of 1987. 21 The Real Estate Appraiser Licensing Act. 22 (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 12-30-97; 23 90-69, eff. 7-8-97; 90-76, eff. 7-8-97; 90-150, eff. 24 12-30-97; 90-248, eff. 1-1-98; 90-532, eff. 11-14-97; 90-571, 25 eff. 7-1-98; incorporates 90-614, eff. 7-10-98; 90-655, eff 26 7-30-98; revised 9-23-98.) 27 (5 ILCS 80/4.19 rep.) 28 Section 5.1. The Regulatory Sunset Act is amended by 29 repealing Section 4.19 as added by Public Act 90-614. 30 Section 6. The Illinois Administrative Procedure Act is 31 amended by changing Sections 5-45 and 5-100 as follows: SB745 Enrolled -3- LRB9101253EGfg 1 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) 2 Sec. 5-45. Emergency rulemaking. 3 (a) "Emergency" means the existence of any situation 4 that any agency finds reasonably constitutes a threat to the 5 public interest, safety, or welfare. 6 (b) If any agency finds that an emergency exists that 7 requires adoption of a rule upon fewer days than is required 8 by Section 5-40 and states in writing its reasons for that 9 finding, the agency may adopt an emergency rule without prior 10 notice or hearing upon filing a notice of emergency 11 rulemaking with the Secretary of State under Section 5-70. 12 The notice shall include the text of the emergency rule and 13 shall be published in the Illinois Register. Consent orders 14 or other court orders adopting settlements negotiated by an 15 agency may be adopted under this Section. Subject to 16 applicable constitutional or statutory provisions, an 17 emergency rule becomes effective immediately upon filing 18 under Section 5-65 or at a stated date less than 10 days 19 thereafter. The agency's finding and a statement of the 20 specific reasons for the finding shall be filed with the 21 rule. The agency shall take reasonable and appropriate 22 measures to make emergency rules known to the persons who may 23 be affected by them. 24 (c) An emergency rule may be effective for a period of 25 not longer than 150 days, but the agency's authority to adopt 26 an identical rule under Section 5-40 is not precluded. No 27 emergency rule may be adopted more than once in any 24 month 28 period, except that this limitation on the number of 29 emergency rules that may be adopted in a 24 month period does 30 not apply to (i) emergency rules that make additions to and 31 deletions from the Drug Manual under Section 5-5.16 of the 32 Illinois Public Aid Code or the generic drug formulary under 33 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or 34 (ii) emergency rules adopted by the Pollution Control Board SB745 Enrolled -4- LRB9101253EGfg 1 before July 1, 1997 to implement portions of the Livestock 2 Management Facilities Act. Two or more emergency rules 3 having substantially the same purpose and effect shall be 4 deemed to be a single rule for purposes of this Section. 5 (d) In order to provide for the expeditious and timely 6 implementation of the State's fiscal year 1999 budget, 7 emergency rules to implement any provision of Public Act 8 90-587 or 90-588this amendatory Act of 1998or any other 9 budget initiative for fiscal year 1999 may be adopted in 10 accordance with this Section by the agency charged with 11 administering that provision or initiative, except that the 12 24-month limitation on the adoption of emergency rules and 13 the provisions of Sections 5-115 and 5-125 do not apply to 14 rules adopted under this subsection (d). The adoption of 15 emergency rules authorized by this subsection (d) shall be 16 deemed to be necessary for the public interest, safety, and 17 welfare. 18 (Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97; 19 90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.) 20 (5 ILCS 100/5-80) (from Ch. 127, par. 1005-80) 21 Sec. 5-80. Publication of rules. 22 (a) The Secretary of State shall, by rule, prescribe a 23 uniform system for the codification of rules. The Secretary 24 of State shall also, by rule, establish a schedule for 25 compliance with the uniform codification system. The 26 Secretary of State shall not adopt any codification system or 27 schedule under this subsection without the approval of the 28 Joint Committee on Administrative Rules. Approval by the 29 Joint Committee shall be conditioned solely upon establishing 30 that the proposed codification system and schedule are 31 compatible with existing electronic data processing equipment 32 and programs maintained by and for the General Assembly. 33 Nothing in this Section shall prohibit an agency from SB745 Enrolled -5- LRB9101253EGfg 1 adopting rules in compliance with the codification system 2 earlier than specified in the schedule. 3 (b) Each rule proposed in compliance with the 4 codification system shall be reviewed by the Secretary of 5 State before the expiration of the public notice period under 6 subsection (b) of Section 5-40. The Secretary of State shall 7 cooperate with agencies in the Secretary of State's review to 8 insure that the purposes of the codification system are 9 accomplished. The Secretary of State shall have the authority 10 to make changes in the numbering and location of the rule in 11 the codification scheme if those changes do not affect the 12 meaning of the rules. The Secretary of State may recommend 13 changes in the sectioning and headings proposed by the agency 14 and suggest grammatical and technical changes to correct 15 errors. The Secretary of State may add notes concerning the 16 statutory authority, dates proposed and adopted, and other 17 similar notes to the text of the rules, if the notes are not 18 supplied by the agency. This review by the Secretary of 19 State shall be for the purpose of insuring the uniformity of 20 and compliance with the codification system. The Secretary 21 of State shall prepare indexes by agency, subject matter, and 22 statutory authority and any other necessary indexes, tables, 23 and other aids for locating rules to assist the public in the 24 use of the Code. 25 (c) The Secretary of State shall make available to the 26 agency and the Joint Committee on Administrative Rules copies 27 of the changes in the numbering and location of the rule in 28 the codification scheme, the recommended changes in the 29 sectioning and headings, and the suggestions made concerning 30 the correction of grammatical and technical errors or other 31 suggested changes. The agency, in the notice required by 32 subsection (c) of Section 5-40, shall provide to the Joint 33 Committee a response to the recommendations of the Secretary 34 of State including any reasons for not adopting the SB745 Enrolled -6- LRB9101253EGfg 1 recommendations. 2 (d) If a reorganization of agencies, transfer of 3 functions between agencies, or abolishment of agencies by 4 executive order or law affects rules on file with the 5 Secretary of State, the Secretary of State shall notify the 6 Governor, the Attorney General, and the agencies involved of 7 the effects upon the rules on file. If the Governor or the 8 agencies involved do not respond to the Secretary of State's 9 notice within 45 days by instructing the Secretary of State 10 to delete or transfer the rules, the Secretary of State may 11 delete or place the rules under the appropriate agency for 12 the purpose of insuring the consistency of the codification 13 scheme and shall notify the Governor, the Attorney General, 14 and the agencies involved. 15 (e) (Blank). 16 (f) The Secretary of State shall ensure that the 17 Illinois Administrative Code is published and made available 18 to the public in a form that is updated at least annually. 19 The Code shall contain the complete text of all rules of all 20 State agencies filed with the Secretary's office and 21 effective on October 1, 1984, or later and the indexes, 22 tables, and other aids for locating rules prepared by the 23 Secretary of State. The Secretary of State shall design the 24 Illinois Register to supplement the Code. The Secretary of 25 State shall ensure that copies of the Illinois Register are 26 available to the public and governmental entities and 27 agencies. 28 If the Secretary of State determines that the Secretary's 29 office will publish and distribute either the Register or the 30 Code, the Secretary shall make copies available to the public 31 at a reasonable fee, established by the Secretary by rule, 32 and shall make copies available to governmental entities and 33 agencies at a price covering publication and mailing costs 34 only. SB745 Enrolled -7- LRB9101253EGfg 1 The Secretary of State shall make the electronically 2 stored database of the Illinois Register and the Code 3 available in accordance with this Section and Section 5.08 of 4 the Legislative Information System Act. 5 (g) The publication of a rule in the Code or in the 6 Illinois Register as an adopted rule shall establish a 7 rebuttable presumption that the rule was duly filed and that 8 the text of the rule as published in the Code is the text of 9 the rule as adopted. Publication of the text of a rule in any 10 other location whether by the agency or some other person 11 shall not be taken as establishing such a presumption. 12 Judicial or official notice shall be taken of the text of 13 each rule published in the Code or Register. 14 (h) The codification system, the indexes, tables, and 15 other aids for locating rules prepared by the Secretary of 16 State, notes, and other materials developed under this 17 Section in connection with the publication of the Illinois 18 Administrative Code and the Illinois Register shall be the 19 official compilations of the administrative rules of Illinois 20 and shall be entirely in the public domain for purposes of 21 federal copyright law. 22 (i) The Legislative Information System shall maintain on 23 its electronic data processing equipment the complete text of 24 the Illinois Register and Illinois Administrative Code 25 created in compliance with this Act. This electronic 26 information shall be made available for use in the 27 publication of the Illinois Register and Illinois 28 Administrative Code by the Secretary of State if the 29 Secretary determines that his office will publish these 30 materials as authorized by subsection (f). 31 (j) The Legislative Information System, upon 32 consultation with the Joint Committee on Administrative Rules 33 and the Secretary of State, shall make the electronically 34 stored database of the Illinois Register and the Illinois SB745 Enrolled -8- LRB9101253EGfg 1 Administrative Code available in an electronically stored 2 medium to those who request it. The Legislative Information 3 System shall establish and charge a reasonable fee for 4 providing the electronic information. Amounts received under 5 this Section shall be deposited into the General Assembly 6 Computer Equipment Revolving Fund. 7 (Source: P.A. 87-823; 88-535; revised 10-31-98.) 8 Section 7. The Freedom of Information Act is amended by 9 changing Section 7 as follows: 10 (5 ILCS 140/7) (from Ch. 116, par. 207) 11 Sec. 7. Exemptions. 12 (1) The following shall be exempt from inspection and 13 copying: 14 (a) Information specifically prohibited from 15 disclosure by federal or State law or rules and 16 regulations adopted under federal or State law. 17 (b) Information that, if disclosed, would 18 constitute a clearly unwarranted invasion of personal 19 privacy, unless the disclosure is consented to in writing 20 by the individual subjects of the information. The 21 disclosure of information that bears on the public duties 22 of public employees and officials shall not be considered 23 an invasion of personal privacy. Information exempted 24 under this subsection (b) shall include but is not 25 limited to: 26 (i) files and personal information maintained 27 with respect to clients, patients, residents, 28 students or other individuals receiving social, 29 medical, educational, vocational, financial, 30 supervisory or custodial care or services directly 31 or indirectly from federal agencies or public 32 bodies; SB745 Enrolled -9- LRB9101253EGfg 1 (ii) personnel files and personal information 2 maintained with respect to employees, appointees or 3 elected officials of any public body or applicants 4 for those positions; 5 (iii) files and personal information 6 maintained with respect to any applicant, registrant 7 or licensee by any public body cooperating with or 8 engaged in professional or occupational 9 registration, licensure or discipline; 10 (iv) information required of any taxpayer in 11 connection with the assessment or collection of any 12 tax unless disclosure is otherwise required by State 13 statute; and 14 (v) information revealing the identity of 15 persons who file complaints with or provide 16 information to administrative, investigative, law 17 enforcement or penal agencies; provided, however, 18 that identification of witnesses to traffic 19 accidents, traffic accident reports, and rescue 20 reports may be provided by agencies of local 21 government, except in a case for which a criminal 22 investigation is ongoing, without constituting a 23 clearly unwarranted per se invasion of personal 24 privacy under this subsection. 25 (c) Records compiled by any public body for 26 administrative enforcement proceedings and any law 27 enforcement or correctional agency for law enforcement 28 purposes or for internal matters of a public body, but 29 only to the extent that disclosure would: 30 (i) interfere with pending or actually and 31 reasonably contemplated law enforcement proceedings 32 conducted by any law enforcement or correctional 33 agency; 34 (ii) interfere with pending administrative SB745 Enrolled -10- LRB9101253EGfg 1 enforcement proceedings conducted by any public 2 body; 3 (iii) deprive a person of a fair trial or an 4 impartial hearing; 5 (iv) unavoidably disclose the identity of a 6 confidential source or confidential information 7 furnished only by the confidential source; 8 (v) disclose unique or specialized 9 investigative techniques other than those generally 10 used and known or disclose internal documents of 11 correctional agencies related to detection, 12 observation or investigation of incidents of crime 13 or misconduct; 14 (vi) constitute an invasion of personal 15 privacy under subsection (b) of this Section; 16 (vii) endanger the life or physical safety of 17 law enforcement personnel or any other person; or 18 (viii) obstruct an ongoing criminal 19 investigation. 20 (d) Criminal history record information maintained 21 by State or local criminal justice agencies, except the 22 following which shall be open for public inspection and 23 copying: 24 (i) chronologically maintained arrest 25 information, such as traditional arrest logs or 26 blotters; 27 (ii) the name of a person in the custody of a 28 law enforcement agency and the charges for which 29 that person is being held; 30 (iii) court records that are public; 31 (iv) records that are otherwise available 32 under State or local law; or 33 (v) records in which the requesting party is 34 the individual identified, except as provided under SB745 Enrolled -11- LRB9101253EGfg 1 part (vii) of paragraph (c) of subsection (1) of 2 this Section. 3 "Criminal history record information" means data 4 identifiable to an individual and consisting of 5 descriptions or notations of arrests, detentions, 6 indictments, informations, pre-trial proceedings, trials, 7 or other formal events in the criminal justice system or 8 descriptions or notations of criminal charges (including 9 criminal violations of local municipal ordinances) and 10 the nature of any disposition arising therefrom, 11 including sentencing, court or correctional supervision, 12 rehabilitation and release. The term does not apply to 13 statistical records and reports in which individuals are 14 not identified and from which their identities are not 15 ascertainable, or to information that is for criminal 16 investigative or intelligence purposes. 17 (e) Records that relate to or affect the security 18 of correctional institutions and detention facilities. 19 (f) Preliminary drafts, notes, recommendations, 20 memoranda and other records in which opinions are 21 expressed, or policies or actions are formulated, except 22 that a specific record or relevant portion of a record 23 shall not be exempt when the record is publicly cited and 24 identified by the head of the public body. The exemption 25 provided in this paragraph (f) extends to all those 26 records of officers and agencies of the General Assembly 27 that pertain to the preparation of legislative documents. 28 (g) Trade secrets and commercial or financial 29 information obtained from a person or business where the 30 trade secrets or information are proprietary, privileged 31 or confidential, or where disclosure of the trade secrets 32 or information may cause competitive harm, including all 33 information determined to be confidential under Section 34 4002 of the Technology Advancement and Development Act. SB745 Enrolled -12- LRB9101253EGfg 1 Nothing contained in this paragraph (g) shall be 2 construed to prevent a person or business from consenting 3 to disclosure. 4 (h) Proposals and bids for any contract, grant, or 5 agreement, including information which if it were 6 disclosed would frustrate procurement or give an 7 advantage to any person proposing to enter into a 8 contractor agreement with the body, until an award or 9 final selection is made. Information prepared by or for 10 the body in preparation of a bid solicitation shall be 11 exempt until an award or final selection is made. 12 (i) Valuable formulae, designs, drawings and 13 research data obtained or produced by any public body 14 when disclosure could reasonably be expected to produce 15 private gain or public loss. 16 (j) Test questions, scoring keys and other 17 examination data used to administer an academic 18 examination or determined the qualifications of an 19 applicant for a license or employment. 20 (k) Architects' plans and engineers' technical 21 submissions for projects not constructed or developed in 22 whole or in part with public funds and for projects 23 constructed or developed with public funds, to the extent 24 that disclosure would compromise security. 25 (l) Library circulation and order records 26 identifying library users with specific materials. 27 (m) Minutes of meetings of public bodies closed to 28 the public as provided in the Open Meetings Act until the 29 public body makes the minutes available to the public 30 under Section 2.06 of the Open Meetings Act. 31 (n) Communications between a public body and an 32 attorney or auditor representing the public body that 33 would not be subject to discovery in litigation, and 34 materials prepared or compiled by or for a public body in SB745 Enrolled -13- LRB9101253EGfg 1 anticipation of a criminal, civil or administrative 2 proceeding upon the request of an attorney advising the 3 public body, and materials prepared or compiled with 4 respect to internal audits of public bodies. 5 (o) Information received by a primary or secondary 6 school, college or university under its procedures for 7 the evaluation of faculty members by their academic 8 peers. 9 (p) Administrative or technical information 10 associated with automated data processing operations, 11 including but not limited to software, operating 12 protocols, computer program abstracts, file layouts, 13 source listings, object modules, load modules, user 14 guides, documentation pertaining to all logical and 15 physical design of computerized systems, employee 16 manuals, and any other information that, if disclosed, 17 would jeopardize the security of the system or its data 18 or the security of materials exempt under this Section. 19 (q) Documents or materials relating to collective 20 negotiating matters between public bodies and their 21 employees or representatives, except that any final 22 contract or agreement shall be subject to inspection and 23 copying. 24 (r) Drafts, notes, recommendations and memoranda 25 pertaining to the financing and marketing transactions of 26 the public body. The records of ownership, registration, 27 transfer, and exchange of municipal debt obligations, and 28 of persons to whom payment with respect to these 29 obligations is made. 30 (s) The records, documents and information relating 31 to real estate purchase negotiations until those 32 negotiations have been completed or otherwise terminated. 33 With regard to a parcel involved in a pending or actually 34 and reasonably contemplated eminent domain proceeding SB745 Enrolled -14- LRB9101253EGfg 1 under Article VII of the Code of Civil Procedure, 2 records, documents and information relating to that 3 parcel shall be exempt except as may be allowed under 4 discovery rules adopted by the Illinois Supreme Court. 5 The records, documents and information relating to a real 6 estate sale shall be exempt until a sale is consummated. 7 (t) Any and all proprietary information and records 8 related to the operation of an intergovernmental risk 9 management association or self-insurance pool or jointly 10 self-administered health and accident cooperative or 11 pool. 12 (u) Information concerning a university's 13 adjudication of student or employee grievance or 14 disciplinary cases, to the extent that disclosure would 15 reveal the identity of the student or employee and 16 information concerning any public body's adjudication of 17 student or employee grievances or disciplinary cases, 18 except for the final outcome of the cases. 19 (v) Course materials or research materials used by 20 faculty members. 21 (w) Information related solely to the internal 22 personnel rules and practices of a public body. 23 (x) Information contained in or related to 24 examination, operating, or condition reports prepared by, 25 on behalf of, or for the use of a public body responsible 26 for the regulation or supervision of financial 27 institutions or insurance companies, unless disclosure is 28 otherwise required by State law. 29 (y) Information the disclosure of which is 30 restricted under Section 5-108 of the Public Utilities 31 Act. 32 (z) Manuals or instruction to staff that relate to 33 establishment or collection of liability for any State 34 tax or that relate to investigations by a public body to SB745 Enrolled -15- LRB9101253EGfg 1 determine violation of any criminal law. 2 (aa) Applications, related documents, and medical 3 records received by the Experimental Organ 4 Transplantation Procedures Board and any and all 5 documents or other records prepared by the Experimental 6 Organ Transplantation Procedures Board or its staff 7 relating to applications it has received. 8 (bb) Insurance or self insurance (including any 9 intergovernmental risk management association or self 10 insurance pool) claims, loss or risk management 11 information, records, data, advice or communications. 12 (cc) Information and records held by the Department 13 of Public Health and its authorized representatives 14 relating to known or suspected cases of sexually 15 transmissible disease or any information the disclosure 16 of which is restricted under the Illinois Sexually 17 Transmissible Disease Control Act. 18 (dd) Information the disclosure of which is 19 exempted under Section 30 of the Radon Industry Licensing 20 Act. 21 (ee) Firm performance evaluations under Section 55 22 of the Architectural, Engineering, and Land Surveying 23 Qualifications Based Selection Act. 24 (ff) Security portions of system safety program 25 plans, investigation reports, surveys, schedules, lists, 26 data, or information compiled, collected, or prepared by 27 or for the Regional Transportation Authority under 28 Section 2.11 of the Regional Transportation Authority Act 29 or the State of Missouri under the Bi-State Transit 30 Safety Act. 31 (gg) Information the disclosure of which is 32 restricted and exempted under Section 50 of the Illinois 33 Prepaid Tuition Act. 34 (hh) Information the disclosure of which is SB745 Enrolled -16- LRB9101253EGfg 1 exempted under Section 80 of the State Gift Ban Act. 2 (ii) Beginning July 1, 1999,(hh)information that 3 would disclose or might lead to the disclosure of secret 4 or confidential information, codes, algorithms, programs, 5 or private keys intended to be used to create electronic 6 or digital signatures under the Electronic Commerce 7 Security Act. 8 (2) This Section does not authorize withholding of 9 information or limit the availability of records to the 10 public, except as stated in this Section or otherwise 11 provided in this Act. 12 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 13 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 14 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.) 15 Section 8. The Illinois Notary Public Act is amended by 16 changing Sections 2-104 and 3-106 as follows: 17 (5 ILCS 312/2-104) (from Ch. 102, par. 202-104) 18 Sec. 2-104. Oath. Every applicant for appointment and 19 commission as a notary public shall take the following oath 20 in the presence of a person qualified to administer an oath 21 in this State: 22 "I, (name of applicant), solemnly affirm, under the 23 penalty of perjury, that the answers to all questions in this 24 application are true, complete, and correct; that I have 25 carefully read the notary law of this State; and that, if 26 appointed and commissioned as a notary public, I will perform 27 faithfully, to the best of my ability, all notarial acts in 28 accordance with the law. 29 ................. (Signature of applicant) 30 Subscribed and affirmed before me on (insert date).this31____ day of ____, 19__.32 ................... (Official signature and official seal SB745 Enrolled -17- LRB9101253EGfg 1 of notary)". 2 (Source: P.A. 84-322; revised 10-20-98.) 3 (5 ILCS 312/3-106) (from Ch. 102, par. 203-106) 4 Sec. 3-106. Certificate of Authority. Upon the receipt 5 of a written request, the notarized document, and a fee of $2 6 payable to the Secretary of State or County Clerk, the Office 7 of the Secretary of State or County Clerk shall provide a 8 certificate of authority in substantially the following form: 9 I ............... (Secretary of State or ......... County 10 Clerk) of the State of Illinois, which office is an office of 11 record having a seal, certify that ........ (notary's name), 12 by whom the foregoing or annexed document was notarized, was, 13 on (insert date),the ____ day of ____, 19__,appointed and 14 commissioned a notary public in and for the State of Illinois 15 and that as such, full faith and credit is and ought to be 16 given to this notary's official attestations. In testimony 17 whereof, I have affixed my signature and the seal of this 18 office on (insert date).this ____ day of ____, 19__.19 ................................................ 20 (Secretary of State or ...... County Clerk). 21 (Source: P.A. 84-322; revised 10-20-98.) 22 Section 9. The Voluntary Payroll Deductions Act of 1983 23 is amended by changing Sections 3 and 7 as follows: 24 (5 ILCS 340/3) (from Ch. 15, par. 503) 25 Sec. 3. Definitions. As used in this Act unless the 26 context otherwise requires: 27 (a) "Employee" means any regular officer or employee who 28 receives salary or wages for personal services rendered to 29 the State of Illinois. 30 (b) "Qualified organization" means an organization 31 representing one or more benefiting agencies, which SB745 Enrolled -18- LRB9101253EGfg 1 organization is designated by the State Comptroller as 2 qualified to receive payroll deductions under this Act. An 3 organization desiring to be designated as a qualified 4 organization shall: 5 (1) Submit written designations on forms approved 6 by the State Comptroller by 4,000 or more employees, in 7 which such employees indicate that the organization is 8 one for which the employee intends to authorize 9 withholding. The forms shall require the name, social 10 security number, and employing State agency for each 11 employee. Upon notification by the Comptroller that such 12 forms have been approved, the organization shall, within 13 30 days, notify in writing the Governor or his designee 14 of its intention to obtain the required number of 15 designations. Such organization shall have 12 months 16 from that date, to obtain the necessary designations. The 17 signed forms and signatures on the forms shall be subject 18 to verification by the State Comptroller; 19 (2) Certify that all benefiting agencies are tax 20 exempt under Section 501(c)(3) of the Internal Revenue 21 Code; 22 (3) Certify that all benefiting agencies are in 23 compliance with the Illinois Human Rights Act; 24 (4) Certify that all benefiting agencies are in 25 compliance with the Charitable Trust Act and the 26 Solicitation for Charity Act; 27 (5) Certify that all benefiting agencies actively 28 conduct health or welfare programs and provide services 29 to individuals directed at one or more of the following 30 common human needs within a community: service, research, 31 and education in the health fields; family and child care 32 services; protective services for children and adults; 33 services for children and adults in foster care; services 34 related to the management and maintenance of the home; SB745 Enrolled -19- LRB9101253EGfg 1 day care services for adults; transportation services; 2 information, referral and counseling services; services 3 to eliminate illiteracy; the preparation and delivery of 4 meals; adoption services; emergency shelter care and 5 relief services; disaster relief services; safety 6 services; neighborhood and community organization 7 services; recreation services; social adjustment and 8 rehabilitation services; health support services; or a 9 combination of such services designed to meet the special 10 needs of specific groups, such as children and youth, the 11 ill and infirm, and the physically handicapped; and that 12 all such benefiting agencies provide the above described 13 services to individuals and their families in the 14 community and surrounding area in which the organization 15 conducts its fund drive, or that such benefiting agencies 16 provide relief to victims of natural disasters and other 17 emergencies on a where and as needed basis; 18 (6) Certify that the organization has disclosed the 19 percentage of the organization's total collected receipts 20 from employees that are distributed to the benefiting 21 agencies and the percentage of the organization's total 22 collected receipts from employees that are expended for 23 fund-raising and overhead costs. These percentages shall 24 be the same percentage figures annually disclosed by the 25 organization to the Attorney General. The disclosure 26 shall be made to all solicited employees and shall be in 27 the form of a factual statement on all petitions and in 28 the campaign's employee brochure; 29 (7) Certify that all benefiting agencies receiving 30 funds which the employee has requested or designated for 31 distribution to a particular community and surrounding 32 area use a majority of such funds distributed for 33 services in the actual provision of services in that 34 community and surrounding area; SB745 Enrolled -20- LRB9101253EGfg 1 (8) Certify that neither it nor its member 2 organizations will solicit State employees for 3 contributions at their workplace, except pursuant to this 4 Act and the rules promulgated thereunder. Each qualified 5 organization, and each participating United Fund, is 6 encouraged to cooperate with all others and with all 7 State agencies and educational institutions so as to 8 simplify procedures, to resolve differences and to 9 minimize costs; 10 (9) Certify that it will pay its share of the 11 campaign costs and will comply with the Code of Campaign 12 Conduct as approved by the Governor or other agency as 13 designated by the Governor; 14 (10) Certify that it maintains a year-round office, 15 the telephone number, and person responsible for the 16 operations of the organization in Illinois. That 17 information shall be provided to the State Comptroller at 18 the time the organization is seeking participation under 19 this Act; and 20 (11) Provide (i) an annual audit, in conformance 21 with generally accepted accounting procedures and current 22 to within 12 months of the organization's fiscal 23 year-end, (ii) Internal Revenue Service Form 990 covering 24 the same period as the submitted audit, and (iii) an 25 annual report of the organization's activities, current 26 to within 12 months of the organization's fiscal year. If 27 a qualifying organization represents more than one 28 benefiting agency, it shall also certify that the 29 documentation required by this paragraph is on file for 30 those agencies. The Comptroller is authorized to request 31 documentation of the qualifying organization for any or 32 all of the benefiting agencies upon written request. The 33 qualifying organization shall have 10 business days to 34 respond after it receives the request. SB745 Enrolled -21- LRB9101253EGfg 1 Each qualified organization shall submit to the State 2 Comptroller between January 1 and March 1 of each year, a 3 statement that the organization is in compliance with all of 4 the requirements set forth in paragraphs (2) through (11). 5 The State Comptroller shall exclude any organization that 6 fails to submit the statement from the next solicitation 7 period. 8 In order to be designated as a qualified organization, 9 the organization shall have existed at least 2 years prior to 10 submitting the written designation forms required in 11 paragraph (1) and shall certify to the State Comptroller that 12 such organization has been providing services described in 13 paragraph (5) in Illinois. If the organization seeking 14 designation represents more than one benefiting agency, it 15 need not have existed for 2 years but shall certify to the 16 State Comptroller that each of its benefiting agencies has 17 existed for at least 2 years prior to submitting the written 18 designation forms required in paragraph (1) and that each has 19 been providing services described in paragraph (5) in 20 Illinois. 21 Organizations which have met the requirements of this Act 22 shall be permitted to participate in the State and 23 Universities Combined Appeal as of January 1st of the year 24 immediately following their approval by the Comptroller. 25 Where the certifications described in paragraphs (2), 26 (3), (4), (5), (6), (7), (8), (9), (10), and (11)2, 3, 4, 5,276, 7, 8, 9, 10, and 11above are made by an organization 28 representing more than one benefiting agency they shall be 29 based upon the knowledge and belief of such qualified 30 organization. Any qualified organization shall immediately 31 notify the State Comptroller in writing if the qualified 32 organization receives information or otherwise believes that 33 a benefiting agency is no longer in compliance with the 34 certification of the qualified organization. A qualified SB745 Enrolled -22- LRB9101253EGfg 1 organization representing more than one benefiting agency 2 shall thereafter withhold and refrain from distributing to 3 such benefiting agency those funds received pursuant to this 4 Act until the benefiting agency is again in compliance with 5 the qualified organization's certification. The qualified 6 organization shall immediately notify the State Comptroller 7 of the benefiting agency's resumed compliance with the 8 certification, based upon the qualified organization's 9 knowledge and belief, and shall pay over to the benefiting 10 agency those funds previously withheld. 11 The Comptroller shall, by February 1st of each year, so 12 notify any qualified organization that failed to receive at 13 least 500 payroll deduction pledges during each immediately 14 preceding solicitation period as set forth in Section 6. The 15 notification shall give such qualified organization until 16 March 1st to provide the Comptroller with documentation that 17 the 500 deduction requirement has been met. On the basis of 18 all the documentation, the Comptroller shall, by March 15th 19 of each year, submit to the Governor or his designee, or such 20 other agency as may be determined by the Governor, a list of 21 all organizations which have met the 500 payroll deduction 22 requirement. Only those organizations which have met such 23 requirements, as well as the other requirements of this 24 Section, shall be permitted to solicit State employees for 25 voluntary contributions and the Comptroller shall discontinue 26 withholding for any such organization which fails to meet 27 these requirements. 28 (c) "United Fund" means the organization conducting the 29 single, annual, consolidated effort to secure funds for 30 distribution to agencies engaged in charitable and public 31 health, welfare and services purposes, which is commonly 32 known as the United Fund, or the organization which serves in 33 place of the United Fund organization in communities where an 34 organization known as the United Fund is not organized. SB745 Enrolled -23- LRB9101253EGfg 1 (d) "State and Universities Employees Combined Appeal" 2 (SECA), otherwise known as "SECA", means the State-directed 3 joint effort of all of the qualified organizations, together 4 with the United Funds, for the solicitation of voluntary 5 contributions from State and University employees. 6 In order for a United Fund to participate in the State 7 and Universities Employees Combined Appeal, it shall comply 8 with the provisions ofSection 3,paragraph (9) of subsection 9 (b). 10 (Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.) 11 (5 ILCS 340/7) (from Ch. 15, par. 507) 12 Sec. 7. Notwithstanding any other provision of this Act, 13 a participating organization or a United Fund may be denied 14 participation in SECA for willful failure to comply with the 15 provisions of paragraph (9) of subsection (b) of Section 3 of 16 this Act. The agency designated by the Governor under 17 paragraph (9) of subsection (b) of Section 3 of this Act 18 shall adopt rules providing for procedures for review by the 19 agency of alleged violations of that paragraph and 20 appropriate remedial sanctions for noncompliance. The rules 21 shall include an appeal procedure for any affected 22 participating organization or United Fund. The agency 23 designated by the Governor shall notify the Comptroller 24 immediately of any final decision to remove a qualified 25 organization or United Fund from participation in SECA. 26 (Source: P.A. 87-1053; revised 10-31-98.) 27 Section 9.1. The State Employees Group Insurance Act of 28 1971 is amended by changing Section 10 as follows: 29 (5 ILCS 375/10) (from Ch. 127, par. 530) 30 Sec. 10. Payments by State; premiums. 31 (a) The State shall pay the cost of basic SB745 Enrolled -24- LRB9101253EGfg 1 non-contributory group life insurance and, subject to member 2 paid contributions set by the Department or required by this 3 Section, the basic program of group health benefits on each 4 eligible member, except a member, not otherwise covered by 5 this Act, who has retired as a participating member under 6 Article 2 of the Illinois Pension Code but is ineligible for 7 the retirement annuity under Section 2-119 of the Illinois 8 Pension Code, and part of each eligible member's and retired 9 member's premiums for health insurance coverage for enrolled 10 dependents as provided by Section 9. The State shall pay the 11 cost of the basic program of group health benefits only after 12 benefits are reduced by the amount of benefits covered by 13 Medicare for all retired members and retired dependents aged 14 65 years or older who are entitled to benefits under Social 15 Security or the Railroad Retirement system or who had 16 sufficient Medicare-covered government employment except that 17 such reduction in benefits shall apply only to those retired 18 members or retired dependents who (1) first become eligible 19 for such Medicare coverage on or after July 1, 1992; or (2) 20 remain eligible for, but no longer receive Medicare coverage 21 which they had been receiving on or after July 1, 1992. The 22 Department may determine the aggregate level of the State's 23 contribution on the basis of actual cost of medical services 24 adjusted for age, sex or geographic or other demographic 25 characteristics which affect the costs of such programs. 26 (a-1) Beginning January 1, 1998, for each person who 27 becomes a new SERS annuitant and participates in the basic 28 program of group health benefits, the State shall contribute 29 toward the cost of the annuitant's coverage under the basic 30 program of group health benefits an amount equal to 5% of 31 that cost for each full year of creditable service upon which 32 the annuitant's retirement annuity is based, up to a maximum 33 of 100% for an annuitant with 20 or more years of creditable 34 service. The remainder of the cost of a new SERS annuitant's SB745 Enrolled -25- LRB9101253EGfg 1 coverage under the basic program of group health benefits 2 shall be the responsibility of the annuitant. 3 (a-2) Beginning January 1, 1998, for each person who 4 becomes a new SERS survivor and participates in the basic 5 program of group health benefits, the State shall contribute 6 toward the cost of the survivor's coverage under the basic 7 program of group health benefits an amount equal to 5% of 8 that cost for each full year of the deceased employee's or 9 deceased annuitant's creditable service in the State 10 Employees' Retirement System of Illinois on the date of 11 death, up to a maximum of 100% for a survivor of an employee 12 or annuitant with 20 or more years of creditable service. 13 The remainder of the cost of the new SERS survivor's coverage 14 under the basic program of group health benefits shall be the 15 responsibility of the survivor. 16 (a-3) Beginning January 1, 1998, for each person who 17 becomes a new SURS annuitant and participates in the basic 18 program of group health benefits, the State shall contribute 19 toward the cost of the annuitant's coverage under the basic 20 program of group health benefits an amount equal to 5% of 21 that cost for each full year of creditable service upon which 22 the annuitant's retirement annuity is based, up to a maximum 23 of 100% for an annuitant with 20 or more years of creditable 24 service. The remainder of the cost of a new SURS annuitant's 25 coverage under the basic program of group health benefits 26 shall be the responsibility of the annuitant. 27 (a-4) Beginning January 1, 1998, for each person who 28 becomes a new SURS retired employee and participates in the 29 basic program of group health benefits, the State shall 30 contribute toward the cost of the retired employee's coverage 31 under the basic program of group health benefits an amount 32 equal to 5% of that cost for each full year that the retired 33 employee was an employee as defined in Section 3, up to a 34 maximum of 100% for a retired employee who was an employee SB745 Enrolled -26- LRB9101253EGfg 1 for 20 or more years. The remainder of the cost of a new 2 SURS retired employee's coverage under the basic program of 3 group health benefits shall be the responsibility of the 4 retired employee. 5 (a-5) Beginning January 1, 1998, for each person who 6 becomes a new SURS survivor and participates in the basic 7 program of group health benefits, the State shall contribute 8 toward the cost of the survivor's coverage under the basic 9 program of group health benefits an amount equal to 5% of 10 that cost for each full year of the deceased employee's or 11 deceased annuitant's creditable service in the State 12 Universities Retirement System on the date of death, up to a 13 maximum of 100% for a survivor of an employee or annuitant 14 with 20 or more years of creditable service. The remainder 15 of the cost of the new SURS survivor's coverage under the 16 basic program of group health benefits shall be the 17 responsibility of the survivor. 18 (a-6) Beginning July 1, 1998, for each person who 19 becomes a new TRS State annuitant and participates in the 20 basic program of group health benefits, the State shall 21 contribute toward the cost of the annuitant's coverage under 22 the basic program of group health benefits an amount equal to 23 5% of that cost for each full year of creditable service as a 24 teacher as defined in paragraph (2), (3), or (5) of Section 25 16-106 of the Illinois Pension Code upon which the 26 annuitant's retirement annuity is based, up to a maximum of 27 100% for an annuitant with 20 or more years of such 28 creditable service. The remainder of the cost of a new TRS 29 State annuitant's coverage under the basic program of group 30 health benefits shall be the responsibility of the annuitant. 31 (a-7) Beginning July 1, 1998, for each person who 32 becomes a new TRS State survivor and participates in the 33 basic program of group health benefits, the State shall 34 contribute toward the cost of the survivor's coverage under SB745 Enrolled -27- LRB9101253EGfg 1 the basic program of group health benefits an amount equal to 2 5% of that cost for each full year of the deceased employee's 3 or deceased annuitant's creditable service as a teacher as 4 defined in paragraph (2), (3), or (5) of Section 16-106 of 5 the Illinois Pension Code on the date of death, up to a 6 maximum of 100% for a survivor of an employee or annuitant 7 with 20 or more years of such creditable service. The 8 remainder of the cost of the new TRS State survivor's 9 coverage under the basic program of group health benefits 10 shall be the responsibility of the survivor. 11 (a-8) A new SERS annuitant, new SERS survivor, new SURS 12 annuitant, new SURS retired employee, new SURS survivor, new 13 TRS State annuitant, or new TRS State survivor may waive or 14 terminate coverage in the program of group health benefits. 15 Any such annuitant, survivor, or retired employee who has 16 waived or terminated coverage may enroll or re-enroll in the 17 program of group health benefits only during the annual 18 benefit choice period, as determined by the Director; except 19 that in the event of termination of coverage due to 20 nonpayment of premiums, the annuitant, survivor, or retired 21 employee may not re-enroll in the program. 22 (a-9) No later than May 1 of each calendar year, the 23 Director of Central Management Services shall certify in 24 writing to the Executive Secretary of the State Employees' 25 Retirement System of Illinois the amounts of the Medicare 26 supplement health care premiums and the amounts of the health 27 care premiums for all other retirees who are not Medicare 28 eligible. 29 A separate calculation of the premiums based upon the 30 actual cost of each health care plan shall be so certified. 31 The Director of Central Management Services shall provide 32 to the Executive Secretary of the State Employees' Retirement 33 System of Illinois such information, statistics, and other 34 data as he or she may require to review the premium amounts SB745 Enrolled -28- LRB9101253EGfg 1 certified by the Director of Central Management Services. 2 (b) State employees who become eligible for this program 3 on or after January 1, 1980 in positions normally requiring 4 actual performance of duty not less than 1/2 of a normal work 5 period but not equal to that of a normal work period, shall 6 be given the option of participating in the available 7 program. If the employee elects coverage, the State shall 8 contribute on behalf of such employee to the cost of the 9 employee's benefit and any applicable dependent supplement, 10 that sum which bears the same percentage as that percentage 11 of time the employee regularly works when compared to normal 12 work period. 13 (c) The basic non-contributory coverage from the basic 14 program of group health benefits shall be continued for each 15 employee not in pay status or on active service by reason of 16 (1) leave of absence due to illness or injury, (2) authorized 17 educational leave of absence or sabbatical leave, or (3) 18 military leave with pay and benefits. This coverage shall 19 continue until expiration of authorized leave and return to 20 active service, but not to exceed 24 months for leaves under 21 item (1) or (2). This 24-month limitation and the requirement 22 of returning to active service shall not apply to persons 23 receiving ordinary or accidental disability benefits or 24 retirement benefits through the appropriate State retirement 25 system or benefits under the Workers' Compensation or 26 Occupational Disease Act. 27 (d) The basic group life insurance coverage shall 28 continue, with full State contribution, where such person is 29 (1) absent from active service by reason of disability 30 arising from any cause other than self-inflicted, (2) on 31 authorized educational leave of absence or sabbatical leave, 32 or (3) on military leave with pay and benefits. 33 (e) Where the person is in non-pay status for a period 34 in excess of 30 days or on leave of absence, other than by SB745 Enrolled -29- LRB9101253EGfg 1 reason of disability, educational or sabbatical leave, or 2 military leave with pay and benefits, such person may 3 continue coverage only by making personal payment equal to 4 the amount normally contributed by the State on such person's 5 behalf. Such payments and coverage may be continued: (1) 6 until such time as the person returns to a status eligible 7 for coverage at State expense, but not to exceed 24 months, 8 (2) until such person's employment or annuitant status with 9 the State is terminated, or (3) for a maximum period of 4 10 years for members on military leave with pay and benefits and 11 military leave without pay and benefits (exclusive of any 12 additional service imposed pursuant to law). 13 (f) The Department shall establish by rule the extent 14 to which other employee benefits will continue for persons in 15 non-pay status or who are not in active service. 16 (g) The State shall not pay the cost of the basic 17 non-contributory group life insurance, program of health 18 benefits and other employee benefits for members who are 19 survivors as defined by paragraphs (1) and (2) of subsection 20 (q) of Section 3 of this Act. The costs of benefits for 21 these survivors shall be paid by the survivors or by the 22 University of Illinois Cooperative Extension Service, or any 23 combination thereof. 24 (h) Those persons occupying positions with any 25 department as a result of emergency appointments pursuant to 26 Section 8b.8 of the Personnel Code who are not considered 27 employees under this Act shall be given the option of 28 participating in the programs of group life insurance, health 29 benefits and other employee benefits. Such persons electing 30 coverage may participate only by making payment equal to the 31 amount normally contributed by the State for similarly 32 situated employees. Such amounts shall be determined by the 33 Director. Such payments and coverage may be continued until 34 such time as the person becomes an employee pursuant to this SB745 Enrolled -30- LRB9101253EGfg 1 Act or such person's appointment is terminated. 2 (i) Any unit of local government within the State of 3 Illinois may apply to the Director to have its employees, 4 annuitants, and their dependents provided group health 5 coverage under this Act on a non-insured basis. To 6 participate, a unit of local government must agree to enroll 7 all of its employees, who may select coverage under either 8 the State group health insurance plan or a health maintenance 9 organization that has contracted with the State to be 10 available as a health care provider for employees as defined 11 in this Act. A unit of local government must remit the 12 entire cost of providing coverage under the State group 13 health insurance plan or, for coverage under a health 14 maintenance organization, an amount determined by the 15 Director based on an analysis of the sex, age, geographic 16 location, or other relevant demographic variables for its 17 employees, except that the unit of local government shall not 18 be required to enroll those of its employees who are covered 19 spouses or dependents under this plan or another group policy 20 or plan providing health benefits as long as (1) an 21 appropriate official from the unit of local government 22 attests that each employee not enrolled is a covered spouse 23 or dependent under this plan or another group policy or plan, 24 and (2) at least 85% of the employees are enrolled and the 25 unit of local government remits the entire cost of providing 26 coverage to those employees. Employees of a participating 27 unit of local government who are not enrolled due to coverage 28 under another group health policy or plan may enroll at a 29 later date subject to submission of satisfactory evidence of 30 insurability and provided that no benefits shall be payable 31 for services incurred during the first 6 months of coverage 32 to the extent the services are in connection with any 33 pre-existing condition. A participating unit of local 34 government may also elect to cover its annuitants. Dependent SB745 Enrolled -31- LRB9101253EGfg 1 coverage shall be offered on an optional basis, with the 2 costs paid by the unit of local government, its employees, or 3 some combination of the two as determined by the unit of 4 local government. The unit of local government shall be 5 responsible for timely collection and transmission of 6 dependent premiums. 7 The Director shall annually determine monthly rates of 8 payment, subject to the following constraints: 9 (1) In the first year of coverage, the rates shall 10 be equal to the amount normally charged to State 11 employees for elected optional coverages or for enrolled 12 dependents coverages or other contributory coverages, or 13 contributed by the State for basic insurance coverages on 14 behalf of its employees, adjusted for differences between 15 State employees and employees of the local government in 16 age, sex, geographic location or other relevant 17 demographic variables, plus an amount sufficient to pay 18 for the additional administrative costs of providing 19 coverage to employees of the unit of local government and 20 their dependents. 21 (2) In subsequent years, a further adjustment shall 22 be made to reflect the actual prior years' claims 23 experience of the employees of the unit of local 24 government. 25 In the case of coverage of local government employees 26 under a health maintenance organization, the Director shall 27 annually determine for each participating unit of local 28 government the maximum monthly amount the unit may contribute 29 toward that coverage, based on an analysis of (i) the age, 30 sex, geographic location, and other relevant demographic 31 variables of the unit's employees and (ii) the cost to cover 32 those employees under the State group health insurance plan. 33 The Director may similarly determine the maximum monthly 34 amount each unit of local government may contribute toward SB745 Enrolled -32- LRB9101253EGfg 1 coverage of its employees' dependents under a health 2 maintenance organization. 3 Monthly payments by the unit of local government or its 4 employees for group health insurance or health maintenance 5 organization coverage shall be deposited in the Local 6 Government Health Insurance Reserve Fund. The Local 7 Government Health Insurance Reserve Fund shall be a 8 continuing fund not subject to fiscal year limitations. All 9 expenditures from this fund shall be used for payments for 10 health care benefits for local government and rehabilitation 11 facility employees, annuitants, and dependents, and to 12 reimburse the Department or its administrative service 13 organization for all expenses incurred in the administration 14 of benefits. No other State funds may be used for these 15 purposes. 16 A local government employer's participation or desire to 17 participate in a program created under this subsection shall 18 not limit that employer's duty to bargain with the 19 representative of any collective bargaining unit of its 20 employees. 21 (j) Any rehabilitation facility within the State of 22 Illinois may apply to the Director to have its employees, 23 annuitants, and their dependents provided group health 24 coverage under this Act on a non-insured basis. To 25 participate, a rehabilitation facility must agree to enroll 26 all of its employees and remit the entire cost of providing 27 such coverage for its employees, except that the 28 rehabilitation facility shall not be required to enroll those 29 of its employees who are covered spouses or dependents under 30 this plan or another group policy or plan providing health 31 benefits as long as (1) an appropriate official from the 32 rehabilitation facility attests that each employee not 33 enrolled is a covered spouse or dependent under this plan or 34 another group policy or plan, and (2) at least 85% of the SB745 Enrolled -33- LRB9101253EGfg 1 employees are enrolled and the rehabilitation facility remits 2 the entire cost of providing coverage to those employees. 3 Employees of a participating rehabilitation facility who are 4 not enrolled due to coverage under another group health 5 policy or plan may enroll at a later date subject to 6 submission of satisfactory evidence of insurability and 7 provided that no benefits shall be payable for services 8 incurred during the first 6 months of coverage to the extent 9 the services are in connection with any pre-existing 10 condition. A participating rehabilitation facility may also 11 elect to cover its annuitants. Dependent coverage shall be 12 offered on an optional basis, with the costs paid by the 13 rehabilitation facility, its employees, or some combination 14 of the 2 as determined by the rehabilitation facility. The 15 rehabilitation facility shall be responsible for timely 16 collection and transmission of dependent premiums. 17 The Director shall annually determine quarterly rates of 18 payment, subject to the following constraints: 19 (1) In the first year of coverage, the rates shall 20 be equal to the amount normally charged to State 21 employees for elected optional coverages or for enrolled 22 dependents coverages or other contributory coverages on 23 behalf of its employees, adjusted for differences between 24 State employees and employees of the rehabilitation 25 facility in age, sex, geographic location or other 26 relevant demographic variables, plus an amount sufficient 27 to pay for the additional administrative costs of 28 providing coverage to employees of the rehabilitation 29 facility and their dependents. 30 (2) In subsequent years, a further adjustment shall 31 be made to reflect the actual prior years' claims 32 experience of the employees of the rehabilitation 33 facility. 34 Monthly payments by the rehabilitation facility or its SB745 Enrolled -34- LRB9101253EGfg 1 employees for group health insurance shall be deposited in 2 the Local Government Health Insurance Reserve Fund. 3 (k) Any domestic violence shelter or service within the 4 State of Illinois may apply to the Director to have its 5 employees, annuitants, and their dependents provided group 6 health coverage under this Act on a non-insured basis. To 7 participate, a domestic violence shelter or service must 8 agree to enroll all of its employees and pay the entire cost 9 of providing such coverage for its employees. A 10 participating domestic violence shelter may also elect to 11 cover its annuitants. Dependent coverage shall be offered on 12 an optional basis, with employees, or some combination of the 13 2 as determined by the domestic violence shelter or service. 14 The domestic violence shelter or service shall be responsible 15 for timely collection and transmission of dependent premiums. 16 The Director shall annually determine quarterly rates of 17 payment, subject to the following constraints: 18 (1) In the first year of coverage, the rates shall 19 be equal to the amount normally charged to State 20 employees for elected optional coverages or for enrolled 21 dependents coverages or other contributory coverages on 22 behalf of its employees, adjusted for differences between 23 State employees and employees of the domestic violence 24 shelter or service in age, sex, geographic location or 25 other relevant demographic variables, plus an amount 26 sufficient to pay for the additional administrative costs 27 of providing coverage to employees of the domestic 28 violence shelter or service and their dependents. 29 (2) In subsequent years, a further adjustment shall 30 be made to reflect the actual prior years' claims 31 experience of the employees of the domestic violence 32 shelter or service. 33 (3) In no case shall the rate be less than the 34 amount normally charged to State employees or contributed SB745 Enrolled -35- LRB9101253EGfg 1 by the State on behalf of its employees. 2 Monthly payments by the domestic violence shelter or 3 service or its employees for group health insurance shall be 4 deposited in the Local Government Health Insurance Reserve 5 Fund. 6 (l) A public community college or entity organized 7 pursuant to the Public Community College Act may apply to the 8 Director initially to have only annuitants not covered prior 9 to July 1, 1992 by the district's health plan provided health 10 coverage under this Act on a non-insured basis. The 11 community college must execute a 2-year contract to 12 participate in the Local Government Health Plan. Those 13 annuitants enrolled initially under this contract shall have 14 no benefits payable for services incurred during the first 6 15 months of coverage to the extent the services are in 16 connection with any pre-existing condition. Any annuitant 17 who may enroll after this initial enrollment period shall be 18 subject to submission of satisfactory evidence of 19 insurability and to the pre-existing conditions limitation. 20 The Director shall annually determine monthly rates of 21 payment subject to the following constraints: for those 22 community colleges with annuitants only enrolled, first year 23 rates shall be equal to the average cost to cover claims for 24 a State member adjusted for demographics, Medicare 25 participation, and other factors; and in the second year, a 26 further adjustment of rates shall be made to reflect the 27 actual first year's claims experience of the covered 28 annuitants. 29 (m) The Director shall adopt any rules deemed necessary 30 for implementation of this amendatory Act of 1989 (Public Act 31 86-978). 32 (Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95; 33 89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff. 34 7-7-97; 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; revised SB745 Enrolled -36- LRB9101253EGfg 1 8-3-98.) 2 Section 10. The Election Code is amended by changing 3 Sections 2A-27, 4-6.1, 4-8, 4-9, 4-10, 4-12, 4-23, 5-7, 5-9, 4 5-15, 5-29.01, 6-29, 6-35, 6-44, 6-67.01, 7-10, 7-10.1, 7-24, 5 7-34, 7-53, 8-8, 9-1.7, 10-6.2, 12-1, 14-4, 17-9, 17-10, 6 17-17, 17-23, 19-8, 24-1.1, 24A-3, and 24B-3 as follows: 7 (10 ILCS 5/2A-27) (from Ch. 46, par. 2A-27) 8 Sec. 2A-27. Cities generally; mayor; clerk; treasurer; 9 time of election. A mayor, a city clerk, and a city 10 treasurer shall be elected in each city that elects those 11 officers (except the City of Chicago) at the consolidated 12 election in 1979 or 1981 (in whichever of those years the 13 terms of those officers expire) and at the consolidated 14 election every 4 years thereafter. In cities that have 15 provided for a 2 year term for elective officers under 16 Section 3.1-10-653.1-15-65of the Illinois Municipal Code, 17 however, these city officers shall be elected at the 18 consolidated election of each odd-numbered year. 19 (Source: P.A. 87-1119; revised 11-4-98.) 20 (10 ILCS 5/4-6.1) (from Ch. 46, par. 4-6.1) 21 Sec. 4-6.1. In addition to registration at the office of 22 the county clerk, and at the offices of municipal and 23 township or road district clerks, each county clerk shall 24 provide for the following additional methods of 25 registration: 26 (1) the appointment of deputy registrars as 27 provided in Section 4-6.2; and 28 (2) the establishment of temporary places of 29 registration, as provided in Section 4-6.3. 30 Each county clerk may provide for precinct registration 31 pursuant to Section 4-7. SB745 Enrolled -37- LRB9101253EGfg 1 (Source: P.A. 83-1059; revised 10-31-98.) 2 (10 ILCS 5/4-8) (from Ch. 46, par. 4-8) 3 Sec. 4-8. The county clerk shall provide a sufficient 4 number of blank forms for the registration of electors, which 5 shall be known as registration record cards and which shall 6 consist of loose leaf sheets or cards, of suitable size to 7 contain in plain writing and figures the data hereinafter 8 required thereon or shall consist of computer cards of 9 suitable nature to contain the data required thereon. The 10 registration record cards, which shall include an affidavit 11 of registration as hereinafter provided, shall be executed in 12 duplicate. 13 The registration record card shall contain the following 14 and such other information as the county clerk may think it 15 proper to require for the identification of the applicant for 16 registration: 17 Name. The name of the applicant, giving surname and 18 first or Christian name in full, and the middle name or the 19 initial for such middle name, if any. 20 Sex. 21 Residence. The name and number of the street, avenue, or 22 other location of the dwelling, including the apartment, unit 23 or room number, if any, and in the case of a mobile home the 24 lot number, and such additional clear and definite 25 description as may be necessary to determine the exact 26 location of the dwelling of the applicant. Where the location 27 cannot be determined by street and number, then the section, 28 congressional township and range number may be used, or such 29 other description as may be necessary, including post-office 30 mailing address. In the case of a homeless individual, the 31 individual's voting residence that is his or her mailing 32 address shall be included on his or her registration record 33 card. SB745 Enrolled -38- LRB9101253EGfg 1 Term of residence in the State of Illinois and precinct. 2 This information shall be furnished by the applicant stating 3 the place or places where he resided and the dates during 4 which he resided in such place or places during the year next 5 preceding the date of the next ensuing election. 6 Nativity. The state or country in which the applicant 7 was born. 8 Citizenship. Whether the applicant is native born or 9 naturalized. If naturalized, the court, place, and date of 10 naturalization. 11 Date of application for registration, i.e., the day, 12 month and year when applicant presented himself for 13 registration. 14 Age. Date of birth, by month, day and year. 15 Physical disability of the applicant, if any, at the time 16 of registration, which would require assistance in voting. 17 The county and state in which the applicant was last 18 registered. 19 Signature of voter. The applicant, after the 20 registration and in the presence of a deputy registrar or 21 other officer of registration shall be required to sign his 22 or her name in ink to the affidavit on both the original and 23 duplicate registration record cards. 24 Signature of deputy registrar or officer of registration. 25 In case applicant is unable to sign his name, he may 26 affix his mark to the affidavit. In such case the officer 27 empowered to give the registration oath shall write a 28 detailed description of the applicant in the space provided 29 on the back or at the bottom of the card or sheet; and shall 30 ask the following questions and record the answers thereto: 31 Father's first name. 32 Mother's first name. 33 From what address did the applicant last register? 34 Reason for inability to sign name. SB745 Enrolled -39- LRB9101253EGfg 1 Each applicant for registration shall make an affidavit 2 in substantially the following form: 3 AFFIDAVIT OF REGISTRATION 4 STATE OF ILLINOIS 5 COUNTY OF ....... 6 I hereby swear (or affirm) that I am a citizen of the 7 United States; that on the date of the next election I shall 8 have resided in the State of Illinois and in the election 9 precinct in which I reside 30 days and that I intend that 10 this location shall be my residence; that I am fully 11 qualified to vote, and that the above statements are true. 12 .............................. 13 (His or her signature or mark) 14 Subscribed and sworn to before me on (insert date).this15.... day of ...., 19...16 .................................. 17 Signature of registration officer. 18 (To be signed in presence of registrant.) 19 Space shall be provided upon the face of each 20 registration record card for the notation of the voting 21 record of the person registered thereon. 22 Each registration record card shall be numbered according 23 to precincts, and may be serially or otherwise marked for 24 identification in such manner as the county clerk may 25 determine. 26 The registration cards shall be deemed public records and 27 shall be open to inspection during regular business hours, 28 except during the 28 days immediately preceding any election. 29 On written request of any candidate or objector or any person 30 intending to object to a petition, the election authority 31 shall extend its hours for inspection of registration cards 32 and other records of the election authority during the period 33 beginning with the filing of petitions under Sections 7-10, 34 8-8, 10-6 or 28-3 and continuing through the termination of SB745 Enrolled -40- LRB9101253EGfg 1 electoral board hearings on any objections to petitions 2 containing signatures of registered voters in the 3 jurisdiction of the election authority. The extension shall 4 be for a period of hours sufficient to allow adequate 5 opportunity for examination of the records but the election 6 authority is not required to extend its hours beyond the 7 period beginning at its normal opening for business and 8 ending at midnight. If the business hours are so extended, 9 the election authority shall post a public notice of such 10 extended hours. Registration record cards may also be 11 inspected, upon approval of the officer in charge of the 12 cards, during the 28 days immediately preceding any election. 13 Registration record cards shall also be open to inspection by 14 certified judges and poll watchers and challengers at the 15 polling place on election day, but only to the extent 16 necessary to determine the question of the right of a person 17 to vote or to serve as a judge of election. At no time shall 18 poll watchers or challengers be allowed to physically handle 19 the registration record cards. 20 Updated copies of computer tapes or computer discs or 21 other electronic data processing information containing voter 22 registration information shall be furnished by the county 23 clerk within 10 days after December 15 and May 15 each year 24 to the State Board of Elections in a form prescribed by the 25 Board. Registration information shall include, but not be 26 limited to, the following information: name, sex, residence, 27 telephone number, if any, age, party affiliation, if 28 applicable, precinct, ward, township, county, and 29 representative, legislative and congressional districts. In 30 the event of noncompliance, the State Board of Elections is 31 directed to obtain compliance forthwith with this 32 nondiscretionary duty of the election authority by 33 instituting legal proceedings in the circuit court of the 34 county in which the election authority maintains the SB745 Enrolled -41- LRB9101253EGfg 1 registration information. The costs of furnishing updated 2 copies of tapes or discs shall be paid at a rate of $.00034 3 per name of registered voters in the election jurisdiction, 4 but not less than $50 per tape or disc and shall be paid from 5 appropriations made to the State Board of Elections for 6 reimbursement to the election authority for such purpose. The 7 Board shall furnish copies of such tapes, discs, other 8 electronic data or compilations thereof to state political 9 committees registered pursuant to the Illinois Campaign 10 Finance Act or the Federal Election Campaign Act at their 11 request and at a reasonable cost. Copies of the tapes, discs 12 or other electronic data shall be furnished by the county 13 clerk to local political committees at their request and at a 14 reasonable cost. Reasonable cost of the tapes, discs, et 15 cetera for this purpose would be the cost of duplication plus 16 15% for administration. The individual representing a 17 political committee requesting copies of such tapes shall 18 make a sworn affidavit that the information shall be used 19 only for bona fide political purposes, including by or for 20 candidates for office or incumbent office holders. Such 21 tapes, discs or other electronic data shall not be used under 22 any circumstances by any political committee or individuals 23 for purposes of commercial solicitation or other business 24 purposes. If such tapes contain information on county 25 residents related to the operations of county government in 26 addition to registration information, that information shall 27 not be used under any circumstances for commercial 28 solicitation or other business purposes. The prohibition in 29 this Section against using the computer tapes or computer 30 discs or other electronic data processing information 31 containing voter registration information for purposes of 32 commercial solicitation or other business purposes shall be 33 prospective only from the effective date of this amended Act 34 of 1979. Any person who violates this provision shall be SB745 Enrolled -42- LRB9101253EGfg 1 guilty of a Class 4 felony. 2 The State Board of Elections shall promulgate, by October 3 1, 1987, such regulations as may be necessary to ensure 4 uniformity throughout the State in electronic data processing 5 of voter registration information. The regulations shall 6 include, but need not be limited to, specifications for 7 uniform medium, communications protocol and file structure to 8 be employed by the election authorities of this State in the 9 electronic data processing of voter registration information. 10 Each election authority utilizing electronic data processing 11 of voter registration information shall comply with such 12 regulations on and after May 15, 1988. 13 If the applicant for registration was last registered in 14 another county within this State, he shall also sign a 15 certificate authorizing cancellation of the former 16 registration. The certificate shall be in substantially the 17 following form: 18 To the County Clerk of.... County, Illinois. (or) 19 To the Election Commission of the City of ...., Illinois. 20 This is to certify that I am registered in your (county) 21 (city) and that my residence was ............................ 22 Having moved out of your (county) (city), I hereby authorize 23 you to cancel said registration in your office. 24 Dated at ...., Illinois, on (insert date). 25this .... day of ...., 19...26 ................................. 27 (Signature of Voter) 28 Attest: ................, County Clerk, ............. 29 County, Illinois. 30 The cancellation certificate shall be mailed immediately 31 by the County Clerk to the County Clerk (or election 32 commission as the case may be) where the applicant was 33 formerly registered. Receipt of such certificate shall be 34 full authority for cancellation of any previous registration. SB745 Enrolled -43- LRB9101253EGfg 1 (Source: P.A. 86-873; 86-1348; 87-1241; revised 1-26-99.) 2 (10 ILCS 5/4-9) (from Ch. 46, par. 4-9) 3 Sec. 4-9. The county clerk shall fully instruct the 4 registration officers and deputy registration officers in 5 their duties. Each registration officer and deputy 6 registration officer shall receipt to the county clerk for 7 all blank registration record cards issued to him, specifying 8 therein the number of the blanks received by him, and each 9 registration officer and deputy registration officer shall be 10 charged with such blanks until he returns them to the county 11 clerk. If for any cause a blank registration record card is 12 mutilated or rendered unfit for use in making it out, or if a 13 mistake thereon has been made, such blank shall not be 14 destroyed, but the word "mutilated" shall be written across 15 the face of such card, and the card shall be returned to the 16 county clerk and be preserved in the same manner and for the 17 same length of time as mutilated ballots. When each 1969 and 18 1970 precinct re-registration has been completed, each 19 registration officer shall certify the registration records 20 in substantially the following form: 21 "We, the undersigned registration officers or deputy 22 registration officers in the County of .... in the State of 23 Illinois, do swear (or affirm) that at the registration of 24 electors on (insert date)the .... day of .... 19..there was 25 registered by us in the said election precinct the names 26 which appear on the registration records, and that the number 27 of voters registered and qualified was and is the number of 28 .... 29 ...................... 30 ...................... 31 ...................... 32 Registration officers. 33 Date ................" SB745 Enrolled -44- LRB9101253EGfg 1 After completion of each 1969 and 1970 precinct 2 re-registration each of the officers of registration for such 3 precinct shall place all registration cards received by him, 4 regardless of whether such cards have been unused, filled 5 out, executed or mutilated, in an envelope to be provided for 6 that purpose by the county clerk and shall seal such envelope 7 with an official wax impression seal and sign his name across 8 the face of such envelope. The judge of registration for 9 such precinct shall include in the envelope sealed by him the 10 certification of the registration records hereinabove 11 required. The judge of registration for such precinct shall 12 within 24 hours after the close of re-registration make 13 personal delivery of all envelopes containing the 14 re-registration cards for such precinct to the county clerk. 15 Other precinct registrations shall be certified and 16 returned in the same manner. 17 (Source: Laws 1967, p. 2987; revised 10-20-98.) 18 (10 ILCS 5/4-10) (from Ch. 46, par. 4-10) 19 Sec. 4-10. Except as herein provided, no person shall be 20 registered, unless he applies in person to a registration 21 officer, answers such relevant questions as may be asked of 22 him by the registration officer, and executes the affidavit 23 of registration. The registration officer shall require the 24 applicant to furnish two forms of identification, and except 25 in the case of a homeless individual, one of which must 26 include his or her residence address. These forms of 27 identification shall include, but not be limited to, any of 28 the following: driver's license, social security card, public 29 aid identification card, utility bill, employee or student 30 identification card, credit card, or a civic, union or 31 professional association membership card. The registration 32 officer shall require a homeless individual to furnish 33 evidence of his or her use of the mailing address stated. SB745 Enrolled -45- LRB9101253EGfg 1 This use may be demonstrated by a piece of mail addressed to 2 that individual and received at that address or by a 3 statement from a person authorizing use of the mailing 4 address. The registration officer shall require each 5 applicant for registration to read or have read to him the 6 affidavit of registration before permitting him to execute 7 the affidavit. 8 One of the registration officers or a deputy registration 9 officer, county clerk, or clerk in the office of the county 10 clerk, shall administer to all persons who shall personally 11 apply to register the following oath or affirmation: 12 "You do solemnly swear (or affirm) that you will fully 13 and truly answer all such questions as shall be put to you 14 touching your name, place of residence, place of birth, your 15 qualifications as an elector and your right as such to 16 register and vote under the laws of the State of Illinois." 17 The registration officer shall satisfy himself that each 18 applicant for registration is qualified to register before 19 registering him. If the registration officer has reason to 20 believe that the applicant is a resident of a Soldiers' and 21 Sailors' Home or any facility which is licensed or certified 22 pursuant to the Nursing Home Care Act, the following question 23 shall be put, "When you entered the home which is your 24 present address, was it your bona fide intention to become a 25 resident thereof?" Any voter of a township, city, village or 26 incorporated town in which such applicant resides, shall be 27 permitted to be present at the place of any precinct 28 registration and shall have the right to challenge any 29 applicant who applies to be registered. 30 In case the officer is not satisfied that the applicant 31 is qualified he shall forthwith notify such applicant in 32 writing to appear before the county clerk to complete his 33 registration. Upon the card of such applicant shall be 34 written the word "incomplete" and no such applicant shall be SB745 Enrolled -46- LRB9101253EGfg 1 permitted to vote unless such registration is satisfactorily 2 completed as hereinafter provided. No registration shall be 3 taken and marked as incomplete if information to complete it 4 can be furnished on the date of the original application. 5 Any person claiming to be an elector in any election 6 precinct and whose registration card is marked "Incomplete" 7 may make and sign an application in writing, under oath, to 8 the county clerk in substance in the following form: 9 "I do solemnly swear that I, ...., did on (insert date) 10....make application to the board of registry of the .... 11 precinct of the township of .... (or to the county clerk of 12 .... county) and that said board or clerk refused to complete 13 my registration as a qualified voter in said precinct. That 14 I reside in said precinct, that I intend to reside in said 15 precinct, and am a duly qualified voter of said precinct and 16 am entitled to be registered to vote in said precinct at the 17 next election. 18 (Signature of applicant) ............................." 19 All such applications shall be presented to the county 20 clerk or to his duly authorized representative by the 21 applicant, in person between the hours of 9:00 a.m. and 5:00 22 p.m. on any day after the days on which the 1969 and 1970 23 precinct re-registrations are held but not on any day within 24 28 days preceding the ensuing general election and thereafter 25 for the registration provided in Section 4-7 all such 26 applications shall be presented to the county clerk or his 27 duly authorized representative by the applicant in person 28 between the hours of 9:00 a.m. and 5:00 p.m. on any day prior 29 to 28 days preceding the ensuing general election. Such 30 application shall be heard by the county clerk or his duly 31 authorized representative at the time the application is 32 presented. If the applicant for registration has registered 33 with the county clerk, such application may be presented to 34 and heard by the county clerk or by his duly authorized SB745 Enrolled -47- LRB9101253EGfg 1 representative upon the dates specified above or at any time 2 prior thereto designated by the county clerk. 3 Any otherwise qualified person who is absent from his 4 county of residence either due to business of the United 5 States or because he is temporarily outside the territorial 6 limits of the United States may become registered by mailing 7 an application to the county clerk within the periods of 8 registration provided for in this Article, or by simultaneous 9 application for absentee registration and absentee ballot as 10 provided in Article 20 of this Code. 11 Upon receipt of such application the county clerk shall 12 immediately mail an affidavit of registration in duplicate, 13 which affidavit shall contain the following and such other 14 information as the State Board of Elections may think it 15 proper to require for the identification of the applicant: 16 Name. The name of the applicant, giving surname and 17 first or Christian name in full, and the middle name or the 18 initial for such middle name, if any. 19 Sex. 20 Residence. The name and number of the street, avenue or 21 other location of the dwelling, and such additional clear and 22 definite description as may be necessary to determine the 23 exact location of the dwelling of the applicant. Where the 24 location cannot be determined by street and number, then the 25 Section, congressional township and range number may be used, 26 or such other information as may be necessary, including post 27 office mailing address. 28 Term of residence in the State of Illinois and the 29 precinct. 30 Nativity. The State or country in which the applicant 31 was born. 32 Citizenship. Whether the applicant is native born or 33 naturalized. If naturalized, the court, place and date of 34 naturalization. SB745 Enrolled -48- LRB9101253EGfg 1 Age. Date of birth, by month, day and year. 2 Out of State address of .......................... 3 AFFIDAVIT OF REGISTRATION 4 State of ...........) 5 )ss 6 County of ..........) 7 I hereby swear (or affirm) that I am a citizen of the 8 United States; that on the day of the next election I shall 9 have resided in the State of Illinois and in the election 10 precinct 30 days; that I am fully qualified to vote, that I 11 am not registered to vote anywhere else in the United States, 12 that I intend to remain a resident of the State of Illinois 13 and of the election precinct, that I intend to return to the 14 State of Illinois, and that the above statements are true. 15 .............................. 16 (His or her signature or mark) 17 Subscribed and sworn to before me, an officer qualified 18 to administer oaths, on (insert date).this ..... day of19..... 19 ...20 ........................................ 21 Signature of officer administering oath. 22 Upon receipt of the executed duplicate affidavit of 23 Registration, the county clerk shall transfer the information 24 contained thereon to duplicate Registration Cards provided 25 for in Section 4-8 of this Article and shall attach thereto a 26 copy of each of the duplicate affidavit of registration and 27 thereafter such registration card and affidavit shall 28 constitute the registration of such person the same as if he 29 had applied for registration in person. 30 (Source: P.A. 86-820; 87-1241; revised 10-20-98.) 31 (10 ILCS 5/4-12) (from Ch. 46, par. 4-12) 32 Sec. 4-12. Any voter or voters in the township, city, 33 village or incorporated town containing such precinct, and SB745 Enrolled -49- LRB9101253EGfg 1 any precinct committeeman in the county, may, between the 2 hours of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the 3 second week prior to the week in which the 1970 primary 4 election for the nomination of candidates for State and 5 county offices or any election thereafter is to be held, make 6 application in writing, to the county clerk, to have any name 7 upon the register of any precinct erased. Such application 8 shall be, in substance, in the words and figures following: 9 "I being a qualified voter, registered from No. .... 10 Street in the .... precinct of the .... ward of the city 11 (village or town of) .... (or of the .... town of ....) do 12 hereby solemnly swear (or affirm) that .... registered from 13 No. .... Street is not a qualified voter in the .... precinct 14 of .... ward of the city (village or town) of .... (or of the 15 .... town of ....) and hence I ask that his name be erased 16 from the register of such precinct for the following reason 17 ..... 18 Affiant further says that he has personal knowledge of 19 the facts set forth in the above affidavit. 20 (Signed) ..... 21 Subscribed and sworn to before me on (insert date).this22.... day of ...., 19...23 .... 24 .... 25 ....." 26 Such application shall be signed and sworn to by the 27 applicant before the county clerk or any deputy authorized by 28 the county clerk for that purpose, and filed with said clerk. 29 Thereupon notice of such application, and of the time and 30 place of hearing thereon, with a demand to appear before the 31 county clerk and show cause why his name shall not be erased 32 from said register, shall be mailed, in an envelope duly 33 stamped and directed to such person at the address upon said 34 register, at least four days before the day fixed in said SB745 Enrolled -50- LRB9101253EGfg 1 notice to show cause. 2 A like notice shall be mailed to the person or persons 3 making the application to have the name upon such register 4 erased to appear and show cause why said name should be 5 erased, the notice to set out the day and hour of such 6 hearing. If the voter making such application fails to appear 7 before said clerk at the time set for the hearing as fixed in 8 the said notice or fails to show cause why the name upon such 9 register shall be erased, the application to erase may be 10 dismissed by the county clerk. 11 Any voter making the application is privileged from 12 arrest while presenting it to the county clerk, and while 13 going to and from the office of the county clerk. 14 (Source: P.A. 84-551; revised 10-20-98.) 15 (10 ILCS 5/4-23) (from Ch. 46, par. 4-23) 16 Sec. 4-23. The provisions of this Article 4, so far as 17 they require the registration of voters as a condition to 18 their being allowed to vote, shall not apply to persons 19 otherwise entitled to vote, who are, at the time of the 20 election, or at any time within 60 days prior to such 21 election have been, engaged in the military or naval service 22 of the United States, and who appear personally at the 23 polling place on election day and produce to the judges of 24 election satisfactory evidence thereof, but such persons, if 25 otherwise qualified to vote, shall be permitted to vote at 26 such election without previous registration. 27 All such persons shall also make an affidavit which shall 28 be in substantially the following form: 29 "State of Illinois) 30 ) ss. 31 County of ........) 32 ............ Precinct ............ Ward 33 I, ..............., do solemnly swear (or affirm), that I SB745 Enrolled -51- LRB9101253EGfg 1 am a citizen of the United States, of the age of 18 years or 2 over, and that within the past 60 days prior to the date of 3 this election at which I am applying to vote, I have been 4 engaged in the .... (military or naval) service of the United 5 States; and I am qualified to vote under and by virtue of the 6 Constitution and laws of the State of Illinois, and that I am 7 a legally qualified voter of this precinct and ward except 8 that I have, because of such service, been unable to register 9 as a voter; that I now reside at .... (insert street and 10 number, if any) in this precinct and ward, that I have 11 maintained a legal residence in this precinct and ward for 30 12 days and in the State 30 days next preceding this election. 13 ...................... 14 Subscribed and sworn to before me on (insert date).this15.... day of ...., 19...16 ...................... 17 Judge of Election." 18 The affidavit of any such person shall be supported by 19 the affidavit of a resident and qualified voter of any such 20 precinct and ward, which affidavit shall be in substantially 21 the following form: 22 "State of Illinois) 23 ) ss. 24 County of ........) 25 ................ Precinct ............... Ward 26 I, ...., do solemnly swear (or affirm), that I am a 27 resident of this precinct and ward and entitled to vote at 28 this election; that I am acquainted with .... (name of the 29 applicant); that I verily believe him or her to be an actual 30 bona fide resident of this precinct and ward and that I 31 verily believe that he or she has maintained a legal 32 residence therein 30 days, and in this State 30 days next 33 preceding this election. 34 ...................... SB745 Enrolled -52- LRB9101253EGfg 1 Subscribed and sworn to before me on (insert date).this2.... day of ...., 19...3 ...................... 4 Judge of Election." 5 (Source: P.A. 84- 551; revised 10-20-98.) 6 (10 ILCS 5/5-7) (from Ch. 46, par. 5-7) 7 Sec. 5-7. The county clerk shall provide a sufficient 8 number of blank forms for the registration of electors which 9 shall be known as registration record cards and which shall 10 consist of loose leaf sheets or cards, of suitable size to 11 contain in plain writing and figures the data hereinafter 12 required thereon or shall consist of computer cards of 13 suitable nature to contain the data required thereon. The 14 registration record cards, which shall include an affidavit 15 of registration as hereinafter provided, shall be executed in 16 duplicate. 17 The registration record card shall contain the following 18 and such other information as the county clerk may think it 19 proper to require for the identification of the applicant for 20 registration: 21 Name. The name of the applicant, giving surname and 22 first or Christian name in full, and the middle name or the 23 initial for such middle name, if any. 24 Sex. 25 Residence. The name and number of the street, avenue, or 26 other location of the dwelling, including the apartment, unit 27 or room number, if any, and in the case of a mobile home the 28 lot number, and such additional clear and definite 29 description as may be necessary to determine the exact 30 location of the dwelling of the applicant, including 31 post-office mailing address. In the case of a homeless 32 individual, the individual's voting residence that is his or 33 her mailing address shall be included on his or her SB745 Enrolled -53- LRB9101253EGfg 1 registration record card. 2 Term of residence in the State of Illinois and the 3 precinct. Which questions may be answered by the applicant 4 stating, in excess of 30 days in the State and in excess of 5 30 days in the precinct. 6 Nativity. The State or country in which the applicant 7 was born. 8 Citizenship. Whether the applicant is native born or 9 naturalized. If naturalized, the court, place and date of 10 naturalization. 11 Date of application for registration, i.e., the day, 12 month and year when applicant presented himself for 13 registration. 14 Age. Date of birth, by month, day and year. 15 Physical disability of the applicant, if any, at the time 16 of registration, which would require assistance in voting. 17 The county and state in which the applicant was last 18 registered. 19 Signature of voter. The applicant, after the 20 registration and in the presence of a deputy registrar or 21 other officer of registration shall be required to sign his 22 or her name in ink to the affidavit on the original and 23 duplicate registration record card. 24 Signature of Deputy Registrar. 25 In case applicant is unable to sign his name, he may 26 affix his mark to the affidavit. In such case the officer 27 empowered to give the registration oath shall write a 28 detailed description of the applicant in the space provided 29 at the bottom of the card or sheet; and shall ask the 30 following questions and record the answers thereto: 31 Father's first name ....................... 32 Mother's first name ....................... 33 From what address did you last register? 34 Reason for inability to sign name. SB745 Enrolled -54- LRB9101253EGfg 1 Each applicant for registration shall make an affidavit 2 in substantially the following form: 3 AFFIDAVIT OF REGISTRATION 4 State of Illinois) 5 )ss 6 County of ) 7 I hereby swear (or affirm) that I am a citizen of the 8 United States; that on the date of the next election I shall 9 have resided in the State of Illinois and in the election 10 precinct in which I reside 30 days; that I am fully qualified 11 to vote. That I intend that this location shall be my 12 residence and that the above statements are true. 13 .............................. 14 (His or her signature or mark) 15 Subscribed and sworn to before me on (insert date).this16.... day of...., 19...17 ......................................... 18 Signature of Registration Officer. 19 (To be signed in presence of Registrant.) 20 Space shall be provided upon the face of each 21 registration record card for the notation of the voting 22 record of the person registered thereon. 23 Each registration record card shall be numbered according 24 to towns and precincts, wards, cities and villages, as the 25 case may be, and may be serially or otherwise marked for 26 identification in such manner as the county clerk may 27 determine. 28 The registration cards shall be deemed public records and 29 shall be open to inspection during regular business hours, 30 except during the 28 days immediately preceding any election. 31 On written request of any candidate or objector or any person 32 intending to object to a petition, the election authority 33 shall extend its hours for inspection of registration cards 34 and other records of the election authority during the period SB745 Enrolled -55- LRB9101253EGfg 1 beginning with the filing of petitions under Sections 7-10, 2 8-8, 10-6 or 28-3 and continuing through the termination of 3 electoral board hearings on any objections to petitions 4 containing signatures of registered voters in the 5 jurisdiction of the election authority. The extension shall 6 be for a period of hours sufficient to allow adequate 7 opportunity for examination of the records but the election 8 authority is not required to extend its hours beyond the 9 period beginning at its normal opening for business and 10 ending at midnight. If the business hours are so extended, 11 the election authority shall post a public notice of such 12 extended hours. Registration record cards may also be 13 inspected, upon approval of the officer in charge of the 14 cards, during the 28 days immediately preceding any election. 15 Registration record cards shall also be open to inspection by 16 certified judges and poll watchers and challengers at the 17 polling place on election day, but only to the extent 18 necessary to determine the question of the right of a person 19 to vote or to serve as a judge of election. At no time shall 20 poll watchers or challengers be allowed to physically handle 21 the registration record cards. 22 Updated copies of computer tapes or computer discs or 23 other electronic data processing information containing voter 24 registration information shall be furnished by the county 25 clerk within 10 days after December 15 and May 15 each year 26 to the State Board of Elections in a form prescribed by the 27 Board. Registration information shall include, but not be 28 limited to, the following information: name, sex, residence, 29 telephone number, if any, age, party affiliation, if 30 applicable, precinct, ward, township, county, and 31 representative, legislative and congressional districts. In 32 the event of noncompliance, the State Board of Elections is 33 directed to obtain compliance forthwith with this 34 nondiscretionary duty of the election authority by SB745 Enrolled -56- LRB9101253EGfg 1 instituting legal proceedings in the circuit court of the 2 county in which the election authority maintains the 3 registration information. The costs of furnishing updated 4 copies of tapes or discs shall be paid at a rate of $.00034 5 per name of registered voters in the election jurisdiction, 6 but not less than $50 per tape or disc and shall be paid from 7 appropriations made to the State Board of Elections for 8 reimbursement to the election authority for such purpose. The 9 Board shall furnish copies of such tapes, discs, other 10 electronic data or compilations thereof to state political 11 committees registered pursuant to the Illinois Campaign 12 Finance Act or the Federal Election Campaign Act at their 13 request and at a reasonable cost. Copies of the tapes, discs 14 or other electronic data shall be furnished by the county 15 clerk to local political committees at their request and at a 16 reasonable cost. Reasonable cost of the tapes, discs, et 17 cetera for this purpose would be the cost of duplication plus 18 15% for administration. The individual representing a 19 political committee requesting copies of such tapes shall 20 make a sworn affidavit that the information shall be used 21 only for bona fide political purposes, including by or for 22 candidates for office or incumbent office holders. Such 23 tapes, discs or other electronic data shall not be used under 24 any circumstances by any political committee or individuals 25 for purposes of commercial solicitation or other business 26 purposes. If such tapes contain information on county 27 residents related to the operations of county government in 28 addition to registration information, that information shall 29 not be used under any circumstances for commercial 30 solicitation or other business purposes. The prohibition in 31 this Section against using the computer tapes or computer 32 discs or other electronic data processing information 33 containing voter registration information for purposes of 34 commercial solicitation or other business purposes shall be SB745 Enrolled -57- LRB9101253EGfg 1 prospective only from the effective date of this amended Act 2 of 1979. Any person who violates this provision shall be 3 guilty of a Class 4 felony. 4 The State Board of Elections shall promulgate, by October 5 1, 1987, such regulations as may be necessary to ensure 6 uniformity throughout the State in electronic data processing 7 of voter registration information. The regulations shall 8 include, but need not be limited to, specifications for 9 uniform medium, communications protocol and file structure to 10 be employed by the election authorities of this State in the 11 electronic data processing of voter registration information. 12 Each election authority utilizing electronic data processing 13 of voter registration information shall comply with such 14 regulations on and after May 15, 1988. 15 If the applicant for registration was last registered in 16 another county within this State, he shall also sign a 17 certificate authorizing cancellation of the former 18 registration. The certificate shall be in substantially the 19 following form: 20 To the County Clerk of .... County, Illinois. To the Election 21 Commission of the City of ...., Illinois. 22 This is to certify that I am registered in your (county) 23 (city) and that my residence was ..... 24 Having moved out of your (county) (city), I hereby 25 authorize you to cancel said registration in your office. 26 Dated at .... Illinois, on (insert date).this.... day27of...., 19...28 .................... 29 (Signature of Voter) 30 Attest ......, County Clerk, ........ County, Illinois. 31 The cancellation certificate shall be mailed immediately 32 by the county clerk to the county clerk (or election 33 commission as the case may be) where the applicant was 34 formerly registered. Receipt of such certificate shall be SB745 Enrolled -58- LRB9101253EGfg 1 full authority for cancellation of any previous registration. 2 (Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.) 3 (10 ILCS 5/5-9) (from Ch. 46, par. 5-9) 4 Sec. 5-9. Except as herein provided, no person shall be 5 registered unless he applies in person to registration 6 officer, answers such relevant questions as may be asked of 7 him by the registration officer, and executes the affidavit 8 of registration. The registration officer shall require the 9 applicant to furnish two forms of identification, and except 10 in the case of a homeless individual, one of which must 11 include his or her residence address. These forms of 12 identification shall include, but not be limited to, any of 13 the following: driver's license, social security card, public 14 aid identification card, utility bill, employee or student 15 identification card, credit card, or a civic, union or 16 professional association membership card. The registration 17 officer shall require a homeless individual to furnish 18 evidence of his or her use of the mailing address stated. 19 This use may be demonstrated by a piece of mail addressed to 20 that individual and received at that address or by a 21 statement from a person authorizing use of the mailing 22 address. The registration officer shall require each 23 applicant for registration to read or have read to him the 24 affidavit of registration before permitting him to execute 25 the affidavit. 26 One of the Deputy Registrars, the Judge of Registration, 27 or an Officer of Registration, County Clerk, or clerk in the 28 office of the County Clerk, shall administer to all persons 29 who shall personally apply to register the following oath or 30 affirmation: 31 "You do solemnly swear (or affirm) that you will fully 32 and truly answer all such questions as shall be put to you 33 touching your place of residence, name, place of birth, your SB745 Enrolled -59- LRB9101253EGfg 1 qualifications as an elector and your right as such to 2 register and vote under the laws of the State of Illinois." 3 The Registration Officer shall satisfy himself that each 4 applicant for registration is qualified to register before 5 registering him. If the registration officer has reason to 6 believe that the applicant is a resident of a Soldiers' and 7 Sailors' Home or any facility which is licensed or certified 8 pursuant to the Nursing Home Care Act, the following question 9 shall be put, "When you entered the home which is your 10 present address, was it your bona fide intention to become a 11 resident thereof?" Any voter of a township, city, village or 12 incorporated town in which such applicant resides, shall be 13 permitted to be present at the place of precinct 14 registration, and shall have the right to challenge any 15 applicant who applies to be registered. 16 In case the officer is not satisfied that the applicant 17 is qualified, he shall forthwith in writing notify such 18 applicant to appear before the County Clerk to furnish 19 further proof of his qualifications. Upon the card of such 20 applicant shall be written the word "Incomplete" and no such 21 applicant shall be permitted to vote unless such registration 22 is satisfactorily completed as hereinafter provided. No 23 registration shall be taken and marked as "incomplete" if 24 information to complete it can be furnished on the date of 25 the original application. 26 Any person claiming to be an elector in any election 27 precinct in such township, city, village or incorporated town 28 and whose registration is marked "Incomplete" may make and 29 sign an application in writing, under oath, to the County 30 Clerk in substance in the following form: 31 "I do solemnly swear that I, .........., did on (insert 32 date)...........make application to the Board of Registry 33 of the ........ precinct of ........ ward of the City of .... 34 or of the ......... District ......... Town of .......... (or SB745 Enrolled -60- LRB9101253EGfg 1 to the County Clerk of .............) and ............ 2 County; that said Board or Clerk refused to complete my 3 registration as a qualified voter in said precinct, that I 4 reside in said precinct (or that I intend to reside in said 5 precinct), am a duly qualified voter and entitled to vote in 6 said precinct at the next election. 7 ........................... 8 (Signature of Applicant)" 9 All such applications shall be presented to the County 10 Clerk by the applicant, in person between the hours of nine 11 o'clock a.m. and five o'clock p.m., on Monday and Tuesday of 12 the third week subsequent to the weeks in which the 1961 and 13 1962 precinct re-registrations are to be held, and thereafter 14 for the registration provided in Section 5-17 of this 15 Article, all such applications shall be presented to the 16 County Clerk by the applicant in person between the hours of 17 nine o'clock a.m. and nine o'clock p.m. on Monday and Tuesday 18 of the third week prior to the date on which such election is 19 to be held. 20 Any otherwise qualified person who is absent from his 21 county of residence either due to business of the United 22 States or because he is temporarily outside the territorial 23 limits of the United States may become registered by mailing 24 an application to the county clerk within the periods of 25 registration provided for in this Article or by simultaneous 26 application for absentee registration and absentee ballot as 27 provided in Article 20 of this Code. 28 Upon receipt of such application the county clerk shall 29 immediately mail an affidavit of registration in duplicate, 30 which affidavit shall contain the following and such other 31 information as the State Board of Elections may think it 32 proper to require for the identification of the applicant: 33 Name. The name of the applicant, giving surname and 34 first or Christian name in full, and the middle name or the SB745 Enrolled -61- LRB9101253EGfg 1 initial for such middle name, if any. 2 Sex. 3 Residence. The name and number of the street, avenue or 4 other location of the dwelling, and such additional clear and 5 definite description as may be necessary to determine the 6 exact location of the dwelling of the applicant. Where the 7 location cannot be determined by street and number, then the 8 Section, congressional township and range number may be used, 9 or such other information as may be necessary, including post 10 office mailing address. 11 Term of residence in the State of Illinois and the 12 precinct. 13 Nativity. The State or country in which the applicant 14 was born. 15 Citizenship. Whether the applicant is native born or 16 naturalized. If naturalized, the court, place and date of 17 naturalization. 18 Age. Date of birth, by month, day and year. 19 Out of State address of .......................... 20 AFFIDAVIT OF REGISTRATION 21 State of .........) 22 )ss 23 County of ........) 24 I hereby swear (or affirm) that I am a citizen of the 25 United States; that on the day of the next election I shall 26 have resided in the State of Illinois for 6 months and in the 27 election precinct 30 days; that I am fully qualified to vote, 28 that I am not registered to vote anywhere else in the United 29 States, that I intend to remain a resident of the State of 30 Illinois and of the election precinct, that I intend to 31 return to the State of Illinois, and that the above 32 statements are true. 33 .............................. 34 (His or her signature or mark) SB745 Enrolled -62- LRB9101253EGfg 1 Subscribed and sworn to before me, an officer qualified 2 to administer oaths, on (insert date).this ...... day of3..... 19 ...4 ........................................ 5 Signature of officer administering oath. 6 Upon receipt of the executed duplicate affidavit of 7 Registration, the county clerk shall transfer the information 8 contained thereon to duplicate Registration Cards provided 9 for in Section 5-7 of this Article and shall attach thereto a 10 copy of each of the duplicate affidavit of registration and 11 thereafter such registration card and affidavit shall 12 constitute the registration of such person the same as if he 13 had applied for registration in person. 14 (Source: P.A. 86-820; 87-1241; revised 10-20-98.) 15 (10 ILCS 5/5-15) (from Ch. 46, par. 5-15) 16 Sec. 5-15. Any voter or voters in the township, city, 17 village, or incorporated town containing such precinct, and 18 any precinct committeeman in the county, may, between the 19 hours of nine o'clock a.m. and six o'clock p.m. of the Monday 20 and Tuesday of the third week immediately preceding the week 21 in which such April 10, 1962 Primary Election is to be held, 22 make application in writing, before such County Clerk, to 23 have any name upon such register of any precinct erased. 24 Thereafter such application shall be made between the hours 25 of nine o'clock a.m. and six o'clock p.m. of Monday and 26 Tuesday of the second week prior to the week in which any 27 county, city, village, township, or incorporated town 28 election is to be held. Such application shall be in 29 substance, in the words and figures following: 30 "I, being a qualified voter, registered from No. .... 31 Street in the .... precinct of the .... Ward of the city 32 (village or town of .... ) of the .... District .... town of 33 .... do hereby solemnly swear (or affirm) that .... SB745 Enrolled -63- LRB9101253EGfg 1 registered from No. .... Street is not a qualified voter in 2 the .... precinct of the .... ward of the city (village or 3 town) of .... or of the .... district town of .... hence I 4 ask that his name be erased from the register of such 5 precinct for the following reason ..... Affiant further says 6 that he has personal knowledge of the facts set forth in the 7 above affidavit. 8 (Signed) ..... 9 Subscribed and sworn to before me on (insert date).this10.... day of ...., 19...11 .... 12 .... 13 ...." 14 Such application shall be signed and sworn to by the 15 applicant before the County Clerk or any Deputy authorized by 16 the County Clerk for that purpose, and filed with the Clerk. 17 Thereupon notice of such application, with a demand to appear 18 before the County Clerk and show cause why his name shall not 19 be erased from the register, shall be mailed by special 20 delivery, duly stamped and directed, to such person, to the 21 address upon said register at least 4 days before the day 22 fixed in said notice to show cause. 23 A like notice shall be mailed to the person or persons 24 making the application to have the name upon such register 25 erased to appear and show cause why the name should be 26 erased, the notice to set out the day and hour of such 27 hearing. If the voter making such application fails to appear 28 before the Clerk at the time set for the hearing as fixed in 29 the said notice or fails to show cause why the name upon such 30 register shall be erased, the application may be dismissed by 31 the County Clerk. 32 Any voter making such application or applications shall 33 be privileged from arrest while presenting the same to the 34 County Clerk, and whilst going to and returning from the SB745 Enrolled -64- LRB9101253EGfg 1 office of the County Clerk. 2 (Source: P.A. 84-551; revised 10-20-98.) 3 (10 ILCS 5/5-29.01) (from Ch. 46, par. 5-29.01) 4 Sec. 5-29.01. The provisions of this Article 5, so far 5 as they require the registration of voters as a condition to 6 their being allowed to vote shall not apply to persons 7 otherwise entitled to vote, who are, at the time of the 8 election, or at any time within 60 days prior to such 9 election, have been engaged in the military or naval service 10 of the United States, and who appear personally at the 11 polling place on election day and produce to the judges of 12 election satisfactory evidence thereof, but such persons, if 13 otherwise qualified to vote, shall be permitted to vote at 14 such election without previous registration. 15 All such persons shall also make an affidavit which shall 16 be in substantially the following form: 17 "State of Illinois) 18 )ss. 19 County of ........) 20 .............. Precinct .............. Ward 21 I, ...., do solemnly swear (or affirm), that I am a 22 citizen of the United States, of the age of 18 years or over, 23 and that within the past 60 days prior to the date of this 24 election at which I am applying to vote, I have been engaged 25 in the .... (military or naval) service of the United States; 26 and I am qualified to vote under and by virtue of the 27 Constitution and laws of the State of Illinois, and that I am 28 a legally qualified voter of this precinct and ward except 29 that I have, because of such service, been unable to register 30 as a voter; that I now reside at .... (insert street and 31 number, if any) in this precinct and ward, that I have 32 maintained a legal residence in this precinct and ward for 30 33 days and in the State 30 days next preceding this election. SB745 Enrolled -65- LRB9101253EGfg 1 ........................... 2 Subscribed and sworn to before me on (insert date).this3.... day of ...., 19...4 ........................... 5 Judge of Election." 6 The affidavit of any such person shall be supported by 7 the affidavit of a resident and qualified voter of any such 8 precinct and ward, which affidavit shall be in substantially 9 the following form: 10 "State of Illinois) 11 )ss. 12 County of ........) 13 ............. Precinct ........... Ward 14 I, ...., do solemnly swear (or affirm), that I am a 15 resident of this precinct and ward and entitled to vote at 16 this election; that I am acquainted with .... (name of the 17 applicant); that I verily believe him to be an actual bona 18 fide resident of this precinct and ward and that I verily 19 believe that he has maintained a legal residence therein 30 20 days and in this State 30 days next preceding this election. 21 ................... 22 Subscribed and sworn to before me on (insert date).this23.... day of ...., 19...24 ................... 25 Judge of Election." 26 The provisions of this Article 5, so far as they require 27 the registration of voters as a condition to their being 28 allowed to vote shall not apply to persons otherwise entitled 29 to vote who have made and subscribed to the affidavit 30 provided in paragraph (b) of Section 17-10 of this Act. 31 (Source: P.A. 84-551; revised 10-20-98.) 32 (10 ILCS 5/6-29) (from Ch. 46, par. 6-29) 33 Sec. 6-29. For the purpose of registering voters under SB745 Enrolled -66- LRB9101253EGfg 1 this Article, the office of the Board of Election 2 Commissioners shall be open during ordinary business hours of 3 each week day, from 9 a.m. to 12 o'clock noon on the last 4 four Saturdays immediately preceding the end of the period of 5 registration preceding each election, and such other days and 6 such other times as the board may direct. During the 28 days 7 immediately preceding any election there shall be no 8 registration of voters at the office of the Board of Election 9 Commissioners in cities, villages and incorporated towns of 10 fewer than 200,000 inhabitants. In cities, villages and 11 incorporated towns of 200,000 or more inhabitants, there 12 shall be no registration of voters at the office of the Board 13 of Election Commissioners during the 35 days immediately 14 preceding any election; provided, however, where no precinct 15 registration is being conducted prior to any election then 16 registration may be taken in the office of the Board up to 17 and including the 29th day prior to such election. The Board 18 of Election Commissioners may set up and establish as many 19 branch offices for the purpose of taking registrations as it 20 may deem necessary, and the branch offices may be open on any 21 or all dates and hours during which registrations may be 22 taken in the main office. All officers and employees of the 23 Board of Election Commissioners who are authorized by such 24 board to take registrations under this Article shall be 25 considered officers of the circuit court, and shall be 26 subject to the same control as is provided by Section 14-5 of 27 this Act with respect to judges of election. 28 In any election called for the submission of the revision 29 or alteration of, or the amendments to the Constitution, 30 submitted by a Constitutional Convention, the final day for 31 registration at the office of the election authority charged 32 with the printing of the ballot of this election shall be the 33 15th day prior to the date of election. 34 The Board of Election Commissioners shall appoint one or SB745 Enrolled -67- LRB9101253EGfg 1 more registration teams, consisting of 2 of its employees for 2 each team, for the purpose of accepting the registration of 3 any voter who files an affidavit, within the period for 4 taking registrations provided for in this article, that he is 5 physically unable to appear at the office of the Board or at 6 any appointed place of registration. On the day or days when 7 a precinct registration is being conducted such teams shall 8 consist of one member from each of the 2 leading political 9 parties who are serving on the Precinct Registration Board. 10 Each team so designated shall visit each disabled person and 11 shall accept the registration of such person the same as if 12 he had applied for registration in person. 13 Any otherwise qualified person who is absent from his 14 county of residence due to business of the United States, or 15 who is temporarily residing outside the territorial limits of 16 the United States, may make application to become registered 17 by mail to the Board of Election Commissioners within the 18 periods for registration provided for in this Article or by 19 simultaneous application for absentee registration and 20 absentee ballot as provided in Article 20 of this Code. 21 Upon receipt of such application the Board of Election 22 Commissioners shall immediately mail an affidavit of 23 registration in duplicate, which affidavit shall contain the 24 following and such other information as the State Board of 25 Elections may think it proper to require for the 26 identification of the applicant: 27 Name. The name of the applicant, giving surname and 28 first or Christian name in full, and the middle name or the 29 initial for such middle name, if any. 30 Sex. 31 Residence. The name and number of the street, avenue or 32 other location of the dwelling, and such additional clear and 33 definite description as may be necessary to determine the 34 exact location of the dwelling of the applicant. Where the SB745 Enrolled -68- LRB9101253EGfg 1 location cannot be determined by street and number, then the 2 section, congressional township and range number may be used, 3 or such other information as may be necessary, including post 4 office mailing address. 5 Term of residence in the State of Illinois and the 6 precinct. 7 Nativity. The state or country in which the applicant 8 was born. 9 Citizenship. Whether the applicant is native born or 10 naturalized. If naturalized, the court, place and date of 11 naturalization. 12 Age. Date of birth, by month, day and year. 13 Out of State address of .................. 14 AFFIDAVIT OF REGISTRATION 15 State of .........) 16 ) ss. 17 County of ........) 18 I hereby swear (or affirm) that I am a citizen of the 19 United States; that on the day of the next election I shall 20 have resided in the State of Illinois and in the election 21 precinct 30 days; that I am fully qualified to vote, that I 22 am not registered to vote anywhere else in the United States, 23 that I intend to remain a resident of the State of Illinois, 24 and of the election precinct, that I intend to return to the 25 State of Illinois, and that the above statements are true. 26 .............................. 27 (His or her signature or mark) 28 Subscribed and sworn to before me, an officer qualified 29 to administer oaths, on (insert date).this ....... day of30....... 19 .......31 ........................................ 32 Signature of officer administering oath. 33 Upon receipt of the executed duplicate affidavit of 34 Registration, the Board of Election Commissioners shall SB745 Enrolled -69- LRB9101253EGfg 1 transfer the information contained thereon to duplicate 2 Registration Cards provided for in Section 6-35 of this 3 Article and shall attach thereto a copy of each of the 4 duplicate affidavit of registration and thereafter such 5 registration card and affidavit shall constitute the 6 registration of such person the same as if he had applied for 7 registration in person. 8 (Source: P.A. 81-953; revised 10-20-98.) 9 (10 ILCS 5/6-35) (from Ch. 46, par. 6-35) 10 Sec. 6-35. The Boards of Election Commissioners shall 11 provide a sufficient number of blank forms for the 12 registration of electors which shall be known as registration 13 record cards and which shall consist of loose leaf sheets or 14 cards, of suitable size to contain in plain writing and 15 figures the data hereinafter required thereon or shall 16 consist of computer cards of suitable nature to contain the 17 data required thereon. The registration record cards, which 18 shall include an affidavit of registration as hereinafter 19 provided, shall be executed in duplicate. The duplicate of 20 which may be a carbon copy of the original or a copy of the 21 original made by the use of other method or material used for 22 making simultaneous true copies or duplications. 23 The registration record card shall contain the following 24 and such other information as the Board of Election 25 Commissioners may think it proper to require for the 26 identification of the applicant for registration: 27 Name. The name of the applicant, giving surname and 28 first or Christian name in full, and the middle name or the 29 initial for such middle name, if any. 30 Sex. 31 Residence. The name and number of the street, avenue, or 32 other location of the dwelling, including the apartment, unit 33 or room number, if any, and in the case of a mobile home the SB745 Enrolled -70- LRB9101253EGfg 1 lot number, and such additional clear and definite 2 description as may be necessary to determine the exact 3 location of the dwelling of the applicant, including 4 post-office mailing address. In the case of a homeless 5 individual, the individual's voting residence that is his or 6 her mailing address shall be included on his or her 7 registration record card. 8 Term of residence in the State of Illinois and the 9 precinct. 10 Nativity. The state or country in which the applicant 11 was born. 12 Citizenship. Whether the applicant is native born or 13 naturalized. If naturalized, the court, place, and date of 14 naturalization. 15 Date of application for registration, i.e., the day, 16 month and year when the applicant presented himself for 17 registration. 18 Age. Date of birth, by month, day and year. 19 Physical disability of the applicant, if any, at the time 20 of registration, which would require assistance in voting. 21 The county and state in which the applicant was last 22 registered. 23 Signature of voter. The applicant, after registration 24 and in the presence of a deputy registrar or other officer of 25 registration shall be required to sign his or her name in ink 26 to the affidavit on both the original and the duplicate 27 registration record card. 28 Signature of deputy registrar. 29 In case applicant is unable to sign his name, he may 30 affix his mark to the affidavit. In such case the 31 registration officer shall write a detailed description of 32 the applicant in the space provided at the bottom of the card 33 or sheet; and shall ask the following questions and record 34 the answers thereto: SB745 Enrolled -71- LRB9101253EGfg 1 Father's first name ......................... 2 Mother's first name ......................... 3 From what address did you last register? .... 4 Reason for inability to sign name ........... 5 Each applicant for registration shall make an affidavit 6 in substantially the following form: 7 AFFIDAVIT OF REGISTRATION 8 State of Illinois ) 9 )ss 10 County of ....... ) 11 I hereby swear (or affirm) that I am a citizen of the 12 United States, that on the day of the next election I shall 13 have resided in the State of Illinois and in the election 14 precinct 30 days and that I intend that this location is my 15 residence; that I am fully qualified to vote, and that the 16 above statements are true. 17 .............................. 18 (His or her signature or mark) 19 Subscribed and sworn to before me on (insert date). 20this.... day of...., 19...21 ...................................... 22 Signature of registration officer 23 (to be signed in presence of registrant). 24 Space shall be provided upon the face of each 25 registration record card for the notation of the voting 26 record of the person registered thereon. 27 Each registration record card shall be numbered according 28 to wards or precincts, as the case may be, and may be 29 serially or otherwise marked for identification in such 30 manner as the Board of Election Commissioners may determine. 31 The registration cards shall be deemed public records and 32 shall be open to inspection during regular business hours, 33 except during the 28 days immediately preceding any election. 34 On written request of any candidate or objector or any person SB745 Enrolled -72- LRB9101253EGfg 1 intending to object to a petition, the election authority 2 shall extend its hours for inspection of registration cards 3 and other records of the election authority during the period 4 beginning with the filing of petitions under Sections 7-10, 5 8-8, 10-6 or 28-3 and continuing through the termination of 6 electoral board hearings on any objections to petitions 7 containing signatures of registered voters in the 8 jurisdiction of the election authority. The extension shall 9 be for a period of hours sufficient to allow adequate 10 opportunity for examination of the records but the election 11 authority is not required to extend its hours beyond the 12 period beginning at its normal opening for business and 13 ending at midnight. If the business hours are so extended, 14 the election authority shall post a public notice of such 15 extended hours. Registration record cards may also be 16 inspected, upon approval of the officer in charge of the 17 cards, during the 28 days immediately preceding any election. 18 Registration record cards shall also be open to inspection by 19 certified judges and poll watchers and challengers at the 20 polling place on election day, but only to the extent 21 necessary to determine the question of the right of a person 22 to vote or to serve as a judge of election. At no time shall 23 poll watchers or challengers be allowed to physically handle 24 the registration record cards. 25 Updated copies of computer tapes or computer discs or 26 other electronic data processing information containing voter 27 registration information shall be furnished by the Board of 28 Election Commissioners within 10 days after December 15 and 29 May 15 each year to the State Board of Elections in a form 30 prescribed by the State Board. Registration information 31 shall include, but not be limited to, the following 32 information: name, sex, residence, telephone number, if any, 33 age, party affiliation, if applicable, precinct, ward, 34 township, county, and representative, legislative and SB745 Enrolled -73- LRB9101253EGfg 1 congressional districts. In the event of noncompliance, the 2 State Board of Elections is directed to obtain compliance 3 forthwith with this nondiscretionary duty of the election 4 authority by instituting legal proceedings in the circuit 5 court of the county in which the election authority maintains 6 the registration information. The costs of furnishing 7 updated copies of tapes or discs shall be paid at a rate of 8 $.00034 per name of registered voters in the election 9 jurisdiction, but not less than $50 per tape or disc and 10 shall be paid from appropriations made to the State Board of 11 Elections for reimbursement to the election authority for 12 such purpose. The State Board shall furnish copies of such 13 tapes, discs, other electronic data or compilations thereof 14 to state political committees registered pursuant to the 15 Illinois Campaign Finance Act or the Federal Election 16 Campaign Act at their request and at a reasonable cost. 17 Copies of the tapes, discs or other electronic data shall be 18 furnished by the Board of Election Commissioners to local 19 political committees at their request and at a reasonable 20 cost. Reasonable cost of the tapes, discs, et cetera for 21 this purpose would be the cost of duplication plus 15% for 22 administration. The individual representing a political 23 committee requesting copies of such tapes shall make a sworn 24 affidavit that the information shall be used only for bona 25 fide political purposes, including by or for candidates for 26 office or incumbent office holders. Such tapes, discs or 27 other electronic data shall not be used under any 28 circumstances by any political committee or individuals for 29 purposes of commercial solicitation or other business 30 purposes. If such tapes contain information on county 31 residents related to the operations of county government in 32 addition to registration information, that information shall 33 not be used under any circumstances for commercial 34 solicitation or other business purposes. The prohibition in SB745 Enrolled -74- LRB9101253EGfg 1 this Section against using the computer tapes or computer 2 discs or other electronic data processing information 3 containing voter registration information for purposes of 4 commercial solicitation or other business purposes shall be 5 prospective only from the effective date of this amended Act 6 of 1979. Any person who violates this provision shall be 7 guilty of a Class 4 felony. 8 The State Board of Elections shall promulgate, by October 9 1, 1987, such regulations as may be necessary to ensure 10 uniformity throughout the State in electronic data processing 11 of voter registration information. The regulations shall 12 include, but need not be limited to, specifications for 13 uniform medium, communications protocol and file structure to 14 be employed by the election authorities of this State in the 15 electronic data processing of voter registration information. 16 Each election authority utilizing electronic data processing 17 of voter registration information shall comply with such 18 regulations on and after May 15, 1988. 19 If the applicant for registration was last registered in 20 another county within this State, he shall also sign a 21 certificate authorizing cancellation of the former 22 registration. The certificate shall be in substantially the 23 following form: 24 To the County Clerk of .... County, Illinois. 25 To the Election Commission of the City of ...., Illinois. 26 This is to certify that I am registered in your (county) 27 (city) and that my residence was ..... Having moved out of 28 your (county), (city), I hereby authorize you to cancel that 29 registration in your office. 30 Dated at ...., Illinois, on (insert date).this.... day31of.... 19...32 .................... 33 (Signature of Voter) 34 Attest ...., Clerk, Election Commission of the City SB745 Enrolled -75- LRB9101253EGfg 1 of...., Illinois. 2 The cancellation certificate shall be mailed immediately 3 by the clerk of the Election Commission to the county clerk, 4 (or Election Commission as the case may be) where the 5 applicant was formerly registered. Receipt of such 6 certificate shall be full authority for cancellation of any 7 previous registration. 8 (Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.) 9 (10 ILCS 5/6-44) (from Ch. 46, par. 6-44) 10 Sec. 6-44. Any voter or voters in the ward, village or 11 incorporated town containing such precinct, and any precinct 12 committeeman in the county, may, between the hours of nine 13 o'clock a.m. and six p.m. of Monday and Tuesday of the second 14 week prior to the week in which such election is to be held 15 make application in writing, before such board of election 16 commissioners, to have any name upon such register of any 17 precinct erased. However, in municipalities having a 18 population of more than 500,000 and having a board of 19 election commissioners (except as otherwise provided for such 20 municipalities in Section 6-60 of this Article) and in all 21 cities, villages and incorporated towns within the 22 jurisdiction of such board, such application shall be made 23 between the hours of nine o'clock a.m. and six o'clock p.m. 24 of Monday and Tuesday of the second week prior to the week in 25 which such election is to be held. Such application shall 26 be, in substance, in the words and figures following: 27 "I being a qualified voter, registered from No. .... 28 street in the .... precinct of the .... ward of the city 29 (village or town) of .... do hereby solemnly swear (or 30 affirm) that I have personal knowledge that .... registered 31 from No. .... street is not a qualified voter in the .... 32 precinct of the .... ward of the city (village or town) of 33 .... and hence I ask that his name be erased from the SB745 Enrolled -76- LRB9101253EGfg 1 register of such precinct for the following reason .... 2 Affiant further says that he has personal knowledge of 3 the facts set forth in the above affidavit. 4 (Signed).... 5 Subscribed and sworn to before me on (insert date). 6this.... day of...., 19...7 .... 8 ...." 9 Such application shall be signed and sworn to by the 10 applicant before any member of the board or the clerk thereof 11 and filed with said board. Thereupon notice of such 12 application, with a demand to appear before the board of 13 election commissioners and show cause why his name shall not 14 be erased from said register, shall be personally served upon 15 such person or left at his place of residence indicated in 16 such register, or in the case of a homeless individual, at 17 his or her mailing address, by a messenger of said board of 18 election commissioners, and, as to the manner and time of 19 serving such notice such messenger shall make affidavit; the 20 messenger shall also make affidavit of the fact in case he 21 cannot find such person or his place of residence, and that 22 he went to the place named on such register as his or her 23 place of residence. Such notice shall be served at least one 24 day before the time fixed for such party to show cause. 25 The commissioners shall also cause a like notice or 26 demand to be sent by mail duly stamped and directed, to such 27 person, to the address upon the register at least 2 days 28 before the day fixed in the notice to show cause. 29 A like notice shall be served on the person or persons 30 making the application to have the name upon such register 31 erased to appear and show cause why said name shall be 32 erased, the notice to set out the day and hour of such 33 hearing. If the voter making such application fails to appear 34 before said board at the time set for the hearing as fixed in SB745 Enrolled -77- LRB9101253EGfg 1 the notice or fails to show cause why the name upon such 2 register shall be erased, the application may be dismissed by 3 the board. 4 Any voter making such application or applications shall 5 be privileged from arrest while presenting the same to the 6 board of election commissioners, and while going to and 7 returning from the board of election commissioners. 8 (Source: P.A. 87-1241; revised 10-20-98.) 9 (10 ILCS 5/6-67.01) (from Ch. 46, par. 6-67.01) 10 Sec. 6-67.01. The provisions of this Article 6, so far 11 as they require the registration of voters as a condition to 12 their being allowed to vote shall not apply to persons 13 otherwise entitled to vote, who are, at the time of the 14 election, or at any time within 60 days prior to such 15 election have been engaged in the military or naval service 16 of the United States, and who appear personally at the 17 polling place on election day and produce to the judges of 18 election satisfactory evidence thereof, but such persons, if 19 otherwise qualified to vote, shall be permitted to vote at 20 such election without previous registration. 21 All such persons shall also make an affidavit which shall 22 be in substantially the following form: 23 "State of Illinois) 24 )ss. 25 County of ........) 26 ............ Precinct ........ Ward 27 I, ...., do solemnly swear (or affirm), that I am a 28 citizen of the United States, of the age of 18 years or over, 29 and that within the past 60 days prior to the date of this 30 election at which I am applying to vote, I have been engaged 31 in the .... (military or naval) service of the United States; 32 and I am qualified to vote under and by virtue of the 33 Constitution and laws of the State of Illinois, and that I am SB745 Enrolled -78- LRB9101253EGfg 1 a legally qualified voter of this precinct and ward except 2 that I have, because of such service, been unable to register 3 as a voter; that I now reside at .... (insert street and 4 number, if any) in this precinct and ward, and that I have 5 maintained a legal residence in this precinct and ward for 30 6 days and in the State 30 days next preceding this election. 7 ................... 8 Subscribed and sworn to before me on (insert date).this9.... day of ...., 19...10 ................... 11 Judge of Election." 12 The affidavit of any such person shall be supported by 13 the affidavit of a resident and qualified voter of such 14 precinct and ward, which affidavit shall be in substantially 15 the following form: 16 "State of Illinois) 17 )ss. 18 County of ........) 19 ............ Precinct ........ Ward 20 I, ..., do solemnly swear (or affirm), that I am a 21 resident of this precinct and ward and entitled to vote at 22 this election; that I am acquainted with .... (name of the 23 applicant); that I verily believe him to be an actual bona 24 fide resident of this precinct and ward and that I verily 25 believe that he has maintained a legal residence therein 30 26 days and in this State 30 days next preceding this election. 27 ................... 28 Subscribed and sworn to before me on (insert date).this29.... day of ...., 19...30 ................... 31 Judge of Election." 32 The provisions of this Article 6, so far as they require 33 the registration of voters as a condition to their being 34 allowed to vote shall not apply to persons otherwise entitled SB745 Enrolled -79- LRB9101253EGfg 1 to vote who have made and subscribed to the affidavit 2 provided in paragraph (b) of Section 17-10 of this Act. 3 (Source: P.A. 84-551; revised 10-20-98.) 4 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10) 5 Sec. 7-10. The name of no candidate for nomination, or 6 State central committeeman, or township committeeman, or 7 precinct committeeman, or ward committeeman or candidate for 8 delegate or alternate delegate to national nominating 9 conventions, shall be printed upon the primary ballot unless 10 a petition for nomination has been filed in his behalf as 11 provided in this Article in substantially the following form: 12 We, the undersigned, members of and affiliated with the 13 .... party and qualified primary electors of the .... party, 14 in the .... of ...., in the county of .... and State of 15 Illinois, do hereby petition that the following named person 16 or persons shall be a candidate or candidates of the .... 17 party for the nomination for (or in case of committeemen for 18 election to) the office or offices hereinafter specified, to 19 be voted for at the primary election to be held on (insert 20 date).the .... day of ...., ....21 Name Office Address 22 John Jones Governor Belvidere, Ill. 23 Thomas Smith Attorney General Oakland, Ill. 24 Name.................. Address....................... 25 State of Illinois) 26 ) ss. 27 County of........) 28 I, ...., do hereby certify that I am a registered voter 29 and have been a registered voter at all times I have 30 circulated this petition, that I reside at No. .... street, 31 in the .... of ...., county of ...., and State of Illinois, 32 and that the signatures on this sheet were signed in my 33 presence, and are genuine, and that to the best of my SB745 Enrolled -80- LRB9101253EGfg 1 knowledge and belief the persons so signing were at the time 2 of signing the petitions qualified voters of the .... party, 3 and that their respective residences are correctly stated, as 4 above set forth. 5 ......................... 6 Subscribed and sworn to before me on (insert date).this7.... day of ...., ....8 ......................... 9 Each sheet of the petition other than the statement of 10 candidacy and candidate's statement shall be of uniform size 11 and shall contain above the space for signatures an 12 appropriate heading giving the information as to name of 13 candidate or candidates, in whose behalf such petition is 14 signed; the office, the political party represented and place 15 of residence; and the heading of each sheet shall be the 16 same. 17 Such petition shall be signed by qualified primary 18 electors residing in the political division for which the 19 nomination is sought in their own proper persons only and 20 opposite the signature of each signer, his residence address 21 shall be written or printed. The residence address required 22 to be written or printed opposite each qualified primary 23 elector's name shall include the street address or rural 24 route number of the signer, as the case may be, as well as 25 the signer's city, village or town. However the county or 26 city, village or town, and state of residence of the electors 27 may be printed on the petition forms where all of the 28 electors signing the petition reside in the same county or 29 city, village or town, and state. Standard abbreviations may 30 be used in writing the residence address, including street 31 number, if any. At the bottom of each sheet of such petition 32 shall be added a statement signed by a registered voter of 33 the political division, who has been a registered voter at 34 all times he or she circulated the petition, for which the SB745 Enrolled -81- LRB9101253EGfg 1 candidate is seeking a nomination, stating the street address 2 or rural route number of the voter, as the case may be, as 3 well as the voter's city, village or town; and certifying 4 that the signatures on that sheet of the petition were signed 5 in his presence; and either (1) indicating the dates on which 6 that sheet was circulated, or (2) indicating the first and 7 last dates on which the sheet was circulated, or (3) 8 certifying that none of the signatures on the sheet were 9 signed more than 90 days preceding the last day for the 10 filing of the petition, or more than 45 days preceding the 11 last day for filing of the petition in the case of political 12 party and independent candidates for single or multi-county 13 regional superintendents of schools in the 1994 general 14 primary election; and certifying that the signatures on the 15 sheet are genuine, and certifying that to the best of his 16 knowledge and belief the persons so signing were at the time 17 of signing the petitions qualified voters of the political 18 party for which a nomination is sought. Such statement shall 19 be sworn to before some officer authorized to administer 20 oaths in this State. 21 No petition sheet shall be circulated more than 90 days 22 preceding the last day provided in Section 7-12 for the 23 filing of such petition, or more than 45 days preceding the 24 last day for filing of the petition in the case of political 25 party and independent candidates for single or multi-county 26 regional superintendents of schools in the 1994 general 27 primary election. 28 The person circulating the petition, or the candidate on 29 whose behalf the petition is circulated, may strike any 30 signature from the petition, provided that; 31 (1) the person striking the signature shall initial 32 the petition at the place where the signature is struck; 33 and 34 (2) the person striking the signature shall sign a SB745 Enrolled -82- LRB9101253EGfg 1 certification listing the page number and line number of 2 each signature struck from the petition. Such 3 certification shall be filed as a part of the petition. 4 Such sheets before being filed shall be neatly fastened 5 together in book form, by placing the sheets in a pile and 6 fastening them together at one edge in a secure and suitable 7 manner, and the sheets shall then be numbered consecutively. 8 The sheets shall not be fastened by pasting them together end 9 to end, so as to form a continuous strip or roll. All 10 petition sheets which are filed with the proper local 11 election officials, election authorities or the State Board 12 of Elections shall be the original sheets which have been 13 signed by the voters and by the circulator thereof, and not 14 photocopies or duplicates of such sheets. Each petition must 15 include as a part thereof, a statement of candidacy for each 16 of the candidates filing, or in whose behalf the petition is 17 filed. This statement shall set out the address of such 18 candidate, the office for which he is a candidate, shall 19 state that the candidate is a qualified primary voter of the 20 party to which the petition relates and is qualified for the 21 office specified (in the case of a candidate for State's 22 Attorney it shall state that the candidate is at the time of 23 filing such statement a licensed attorney-at-law of this 24 State), shall state that he has filed (or will file before 25 the close of the petition filing period) a statement of 26 economic interests as required by the Illinois Governmental 27 Ethics Act, shall request that the candidate's name be placed 28 upon the official ballot, and shall be subscribed and sworn 29 to by such candidate before some officer authorized to take 30 acknowledgment of deeds in the State and shall be in 31 substantially the following form: 32 Statement of Candidacy 33 Name Address Office District Party 34 John Jones 102 Main St. Governor Statewide Republican SB745 Enrolled -83- LRB9101253EGfg 1 Belvidere, 2 Illinois 3 State of Illinois) 4 ) ss. 5 County of .......) 6 I, ...., being first duly sworn, say that I reside at 7 .... Street in the city (or village) of ...., in the county 8 of ...., State of Illinois; that I am a qualified voter 9 therein and am a qualified primary voter of the .... party; 10 that I am a candidate for nomination (for election in the 11 case of committeeman and delegates and alternate delegates) 12 to the office of .... to be voted upon at the primary 13 election to be held on (insert date);the .... day of ....,14....;that I am legally qualified (including being the holder 15 of any license that may be an eligibility requirement for the 16 office I seek the nomination for) to hold such office and 17 that I have filed (or I will file before the close of the 18 petition filing period) a statement of economic interests as 19 required by the Illinois Governmental Ethics Act and I hereby 20 request that my name be printed upon the official primary 21 ballot for nomination for (or election to in the case of 22 committeemen and delegates and alternate delegates) such 23 office. 24 Signed ...................... 25 Subscribed and sworn to (or affirmed) before me by ...., 26 who is to me personally known, on (insert date).this ....27day of ...., 19...28 Signed .................... 29 (Official Character) 30 (Seal, if officer has one.) 31 The petitions, when filed, shall not be withdrawn or 32 added to, and no signatures shall be revoked except by 33 revocation filed in writing with the State Board of SB745 Enrolled -84- LRB9101253EGfg 1 Elections, election authority or local election official with 2 whom the petition is required to be filed, and before the 3 filing of such petition. Whoever forges the name of a signer 4 upon any petition required by this Article is deemed guilty 5 of a forgery and on conviction thereof shall be punished 6 accordingly. 7 Petitions of candidates for nomination for offices herein 8 specified, to be filed with the same officer, may contain the 9 names of 2 or more candidates of the same political party for 10 the same or different offices. 11 Such petitions for nominations shall be signed: 12 (a) If for a State office, or for delegate or 13 alternate delegate to be elected from the State at large 14 to a National nominating convention by not less than 15 5,000 nor more than 10,000 primary electors of his party. 16 (b) If for a congressional officer or for delegate 17 or alternate delegate to be elected from a congressional 18 district to a national nominating convention by at least 19 .5% of the qualified primary electors of his party in his 20 congressional district, except that for the first primary 21 following a redistricting of congressional districts such 22 petitions shall be signed by at least 600 qualified 23 primary electors of the candidate's party in his 24 congressional district. 25 (c) If for a county office (including county board 26 member and chairman of the county board where elected 27 from the county at large), by at least .5% of the 28 qualified electors of his party cast at the last 29 preceding general election in his county. However, if 30 for the nomination for county commissioner of Cook 31 County, then by at least .5% of the qualified primary 32 electors of his or her party in his or her county in the 33 district or division in which such person is a candidate 34 for nomination; and if for county board member from a SB745 Enrolled -85- LRB9101253EGfg 1 county board district, then by at least .5% of the 2 qualified primary electors of his party in the county 3 board district. In the case of an election for county 4 board member to be elected from a district, for the first 5 primary following a redistricting of county board 6 districts or the initial establishment of county board 7 districts, then by at least .5% of the qualified electors 8 of his party in the entire county at the last preceding 9 general election, divided by the number of county board 10 districts, but in any event not less than 25 qualified 11 primary electors of his party in the district. 12 (d) If for a municipal or township office by at 13 least .5% of the qualified primary electors of his party 14 in the municipality or township; if for alderman, by at 15 least .5% of the voters of his party of his ward. In the 16 case of an election for alderman or trustee of a 17 municipality to be elected from a ward or district, for 18 the first primary following a redistricting or the 19 initial establishment of wards or districts, then by .5% 20 of the total number of votes cast for the candidate of 21 such political party who received the highest number of 22 votes in the entire municipality at the last regular 23 election at which an officer was regularly scheduled to 24 be elected from the entire municipality, divided by the 25 number of wards or districts, but in any event not less 26 than 25 qualified primary electors of his party in the 27 ward or district. 28 (e) If for State central committeeman, by at least 29 100 of the primary electors of his or her party of his or 30 her congressional district. 31 (f) If for a candidate for trustee of a sanitary 32 district in which trustees are not elected from wards, by 33 at least .5% of the primary electors of his party, from 34 such sanitary district. SB745 Enrolled -86- LRB9101253EGfg 1 (g) If for a candidate for trustee of a sanitary 2 district in which the trustees are elected from wards, by 3 at least .5% of the primary electors of his party in his 4 ward of such sanitary district, except that for the first 5 primary following a reapportionment of the district such 6 petitions shall be signed by at least 150 qualified 7 primary electors of the candidate's ward of such sanitary 8 district. 9 (h) If for a candidate for judicial office, by at 10 least 500 qualified primary electors of his or her 11 judicial district, circuit, or subcircuit, as the case 12 may be. 13 (i) If for a candidate for precinct committeeman, 14 by at least 10 primary electors of his or her party of 15 his or her precinct; if for a candidate for ward 16 committeeman, by not less than 10% nor more than 16% (or 17 50 more than the minimum, whichever is greater) of the 18 primary electors of his party of his ward; if for a 19 candidate for township committeeman, by not less than 5% 20 nor more than 8% (or 50 more than the minimum, whichever 21 is greater) of the primary electors of his party in his 22 township or part of a township as the case may be. 23 (j) If for a candidate for State's Attorney or 24 Regional Superintendent of Schools to serve 2 or more 25 counties, by at least .5% of the primary electors of his 26 party in the territory comprising such counties. 27 (k) If for any other office by at least .5% of the 28 total number of registered voters of the political 29 subdivision, district or division for which the 30 nomination is made or a minimum of 25, whichever is 31 greater. 32 For the purposes of this Section the number of primary 33 electors shall be determined by taking the total vote cast, 34 in the applicable district, for the candidate for such SB745 Enrolled -87- LRB9101253EGfg 1 political party who received the highest number of votes, 2 state-wide, at the last general election in the State at 3 which electors for President of the United States were 4 elected. For political subdivisions, the number of primary 5 electors shall be determined by taking the total vote cast 6 for the candidate for such political party who received the 7 highest number of votes in such political subdivision at the 8 last regular election at which an officer was regularly 9 scheduled to be elected from that subdivision. For wards or 10 districts of political subdivisions, the number of primary 11 electors shall be determined by taking the total vote cast 12 for the candidate for such political party who received the 13 highest number of votes in such ward or district at the last 14 regular election at which an officer was regularly scheduled 15 to be elected from that ward or district. 16 A "qualified primary elector" of a party may not sign 17 petitions for or be a candidate in the primary of more than 18 one party. 19 (Source: P.A. 87-1052; 88-89; revised 1-26-99.) 20 (10 ILCS 5/7-10.1) (from Ch. 46, par. 7-10.1) 21 Sec. 7-10.1. Each petition or certificate of nomination 22 shall include as a part thereof, a statement for each of the 23 candidates filing, or in whose behalf the petition or 24 certificate of nomination is filed, said statement shall be 25 subscribed and sworn to by such candidate or nominee before 26 some officer authorized to take acknowledgment of deeds in 27 this State and shall be in substantially the following form: 28 United States of America ) 29 ) ss 30 State of Illinois ) 31 I, .... do swear that I am a citizen of the United States 32 and the State of Illinois, that I am not affiliated directly 33 or indirectly with any communist organization or any SB745 Enrolled -88- LRB9101253EGfg 1 communist front organization, or any foreign political 2 agency, party, organization or government which advocates the 3 overthrow of constitutional government by force or other 4 means not permitted under the Constitution of the United 5 States or the constitution of this State; that I do not 6 directly or indirectly teach or advocate the overthrow of the 7 government of the United States or of this State or any 8 unlawful change in the form of the governments thereof by 9 force or any unlawful means. 10 ....................... 11 Subscribed and sworn to by me on (insert date).this ....12day of ...., 19...13 ....................... 14 (Notary Public) 15 My commission expires: 16 (Source: P.A. 76-1329; revised 10-20-98.) 17 (10 ILCS 5/7-24) (from Ch. 46, par. 7-24) 18 Sec. 7-24. The primary poll books shall be substantially 19 in the following form: 20 Primary poll books of the primary held in the .... precinct 21 of the county of .... on (insert date).the .... day of ....22A.D. .....23 Party Affiliation 24 ................................... 25 Residence Repub- Demo- Prohibi- Social- 26 Street and lican crat tionist ist 27 Name of Voter number 28 ............................................................. 29 1 John Jones x 30 2 Richard Smith x 31 3 John Doe x 32 4 Richard Roe x 33 5 Charles Lee x SB745 Enrolled -89- LRB9101253EGfg 1 ............................................................. 2 This is to certify that the above and foregoing is a 3 correct list of primary voters at a primary held on (insert 4 date)the .... day of .... A.D. ....in the .... precinct, in 5 .... county, and State of Illinois. That at the primary the 6 undersigned judges served as required by law and are entitled 7 to pay therefor. 8 Dated (insert date)..... 19...9 ............................ ............................ 10 ............................ ............................ 11 ............................ ............................ 12 Judges of primary 13 The primary poll books shall otherwise be in form and 14 shall contain the same certificates as nearly as may be as 15 the poll books used in the general election and shall be 16 signed and attested in the same manner, as nearly as may be, 17 as the poll books used for the purpose of general elections. 18 If Article 4, 5 or 6 of this Act applies to any such primary 19 the official poll record provided for in such applicable 20 Article shall be used in lieu of poll books. 21 (Source: Laws 1957, p. 1450; revised 10-20-98.) 22 (10 ILCS 5/7-34) (from Ch. 46, par. 7-34) 23 Sec. 7-34. Pollwatchers in a primary election shall be 24 authorized in the following manner: 25 (1) Each established political party shall be entitled 26 to appoint one pollwatcher per precinct. Such pollwatchers 27 must be affiliated with the political party for which they 28 are pollwatching. For all primary elections, except as 29 provided in subsection (5), such pollwatchers must be 30 registered to vote from a residence in the county in which 31 they are pollwatching. 32 (2) Each candidate shall be entitled to appoint two 33 pollwatchers per precinct. For Federal, State, and county SB745 Enrolled -90- LRB9101253EGfg 1 primary elections, one pollwatcher must be registered to vote 2 from a residence in the county in which he is pollwatching. 3 The second pollwatcher must be registered to vote from a 4 residence in the precinct or ward in which he is 5 pollwatching. For township and municipal primary elections, 6 one pollwatcher must be registered to vote from a residence 7 in the county in which he is pollwatching. The second 8 pollwatcher must be registered to vote from a residence in 9 the precinct or ward in which he is pollwatching. 10 (3) Each organization of citizens within the county or 11 political subdivision, which has among its purposes or 12 interests the investigation or prosecution of election 13 frauds, and which shall have registered its name and address 14 and the names and addresses of its principal officers with 15 the proper election authority at least 40 days before the 16 primary election, shall be entitled to appoint one 17 pollwatcher per precinct. For all primary elections, except 18 as provided in subsection (5), such pollwatcher must be 19 registered to vote from a residence in the county in which he 20 is pollwatching. 21 (4) Each organized group of proponents or opponents of a 22 ballot proposition, which shall have registered the name and 23 address of its organization or committee and the name and 24 address of its chairman with the proper election authority at 25 least 40 days before the primary election, shall be entitled 26 to appoint one pollwatcher per precinct. Except as provided 27 in subsection (5), such pollwatcher must be registered to 28 vote from a residence in the county in which the ballot 29 proposition is being voted upon. 30 (5) In any primary election held to nominate candidates 31 for the offices of a municipality of less than 3,000,000 32 population that is situated in 2 or more counties, a 33 pollwatcher who is a resident of a county in which any part 34 of the municipality is situated shall be eligible to serve as SB745 Enrolled -91- LRB9101253EGfg 1 a pollwatcher in any polling place located within such 2 municipality, provided that such pollwatcher otherwise 3 complies with the respective requirements of subsections (1) 4 through (4) of this Section and is a registered voter whose 5 residence is within the municipality. 6 All pollwatchers shall be required to have proper 7 credentials. Such credentials shall be printed in sufficient 8 quantities, shall be issued by and under the facsimile 9 signature(s) of the election authority and shall be available 10 for distribution at least 2 weeks prior to the election. 11 Such credentials shall be authorized by the real or facsimile 12 signature of the State or local party official or the 13 candidate or the presiding officer of the civic organization 14 or the chairman of the proponent or opponent group, as the 15 case may be. 16 Pollwatcher credentials shall be in substantially the 17 following form: 18 POLLWATCHER CREDENTIALS 19 TO THE JUDGES OF ELECTION: 20 In accordance with the provisions of the Election Code, 21 the undersigned hereby appoints ........... (name of 22 pollwatcher) at .......... (address) in the county of 23 ..........., .......... (township or municipality) of 24 ........... (name), State of Illinois and who is duly 25 registered to vote from this address, to act as a pollwatcher 26 in the ........... precinct of the .......... ward (if 27 applicable) of the ........... (township or municipality) of 28 ........... at the ........... election to be held on 29..........., 19..(insert date). 30 ........................ (Signature of Appointing Authority) 31 ........................ TITLE (party official, candidate, 32 civic organization president, 33 proponent or opponent group chairman) 34 Under penalties provided by law pursuant to Section 29-10 SB745 Enrolled -92- LRB9101253EGfg 1 of the Election Code, the undersigned pollwatcher certifies 2 that he or she resides at .............. (address) in the 3 county of ........., ......... (township or municipality) of 4 .......... (name), State of Illinois, and is duly registered 5 to vote from that address. 6 ........................... .......................... 7 (Precinct and/or Ward in (Signature of Pollwatcher) 8 Which Pollwatcher Resides) 9 Pollwatchers must present their credentials to the Judges 10 of Election upon entering the polling place. Pollwatcher 11 credentials properly executed and signed shall be proof of 12 the qualifications of the pollwatcher authorized thereby. 13 Such credentials are retained by the Judges and returned to 14 the Election Authority at the end of the day of election with 15 the other election materials. Once a pollwatcher has 16 surrendered a valid credential, he may leave and reenter the 17 polling place provided that such continuing action does not 18 disrupt the conduct of the election. Pollwatchers may be 19 substituted during the course of the day, but established 20 political parties, candidates, qualified civic organizations 21 and proponents and opponents of a ballot proposition can have 22 only as many pollwatchers at any given time as are authorized 23 in this Article. A substitute must present his signed 24 credential to the judges of election upon entering the 25 polling place. Election authorities must provide a 26 sufficient number of credentials to allow for substitution of 27 pollwatchers. After the polls have closed, pollwatchers shall 28 be allowed to remain until the canvass of votes is completed; 29 but may leave and reenter only in cases of necessity, 30 provided that such action is not so continuous as to disrupt 31 the canvass of votes. 32 Candidates seeking office in a district or municipality 33 encompassing 2 or more counties shall be admitted to any and 34 all polling places throughout such district or municipality SB745 Enrolled -93- LRB9101253EGfg 1 without regard to the counties in which such candidates are 2 registered to vote. Actions of such candidates shall be 3 governed in each polling place by the same privileges and 4 limitations that apply to pollwatchers as provided in this 5 Section. Any such candidate who engages in an activity in a 6 polling place which could reasonably be construed by a 7 majority of the judges of election as campaign activity shall 8 be removed forthwith from such polling place. 9 Candidates seeking office in a district or municipality 10 encompassing 2 or more counties who desire to be admitted to 11 polling places on election day in such district or 12 municipality shall be required to have proper credentials. 13 Such credentials shall be printed in sufficient quantities, 14 shall be issued by and under the facsimile signature of the 15 election authority of the election jurisdiction where the 16 polling place in which the candidate seeks admittance is 17 located, and shall be available for distribution at least 2 18 weeks prior to the election. Such credentials shall be 19 signed by the candidate. 20 Candidate credentials shall be in substantially the 21 following form: 22 CANDIDATE CREDENTIALS 23 TO THE JUDGES OF ELECTION: 24 In accordance with the provisions of the Election Code, I 25 ...... (name of candidate) hereby certify that I am a 26 candidate for ....... (name of office) and seek admittance to 27 ....... precinct of the ....... ward (if applicable) of the 28 ....... (township or municipality) of ....... at the ....... 29 election to be held on...., 19....(insert date). 30 ......................... ....................... 31 (Signature of Candidate) OFFICE FOR WHICH 32 CANDIDATE SEEKS 33 NOMINATION OR 34 ELECTION SB745 Enrolled -94- LRB9101253EGfg 1 Pollwatchers shall be permitted to observe all 2 proceedings relating to the conduct of the election and to 3 station themselves in a position in the voting room as will 4 enable them to observe the judges making the signature 5 comparison between the voter application and the voter 6 registration record card; provided, however, that such 7 pollwatchers shall not be permitted to station themselves in 8 such close proximity to the judges of election so as to 9 interfere with the orderly conduct of the election and shall 10 not, in any event, be permitted to handle election materials. 11 Pollwatchers may challenge for cause the voting 12 qualifications of a person offering to vote and may call to 13 the attention of the judges of election any incorrect 14 procedure or apparent violations of this Code. 15 If a majority of the judges of election determine that 16 the polling place has become too overcrowded with 17 pollwatchers so as to interfere with the orderly conduct of 18 the election, the judges shall, by lot, limit such 19 pollwatchers to a reasonable number, except that each 20 candidate and each established or new political party shall 21 be permitted to have at least one pollwatcher present. 22 Representatives of an election authority, with regard to 23 an election under its jurisdiction, the State Board of 24 Elections, and law enforcement agencies, including but not 25 limited to a United States Attorney, a State's attorney, the 26 Attorney General, and a State, county, or local police 27 department, in the performance of their official election 28 duties, shall be permitted at all times to enter and remain 29 in the polling place. Upon entering the polling place, such 30 representatives shall display their official credentials or 31 other identification to the judges of election. 32 Uniformed police officers assigned to polling place duty 33 shall follow all lawful instructions of the judges of 34 election. SB745 Enrolled -95- LRB9101253EGfg 1 The provisions of this Section shall also apply to 2 supervised casting of absentee ballots as provided in Section 3 19-12.2 of this Act. 4 (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.) 5 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53) 6 Sec. 7-53. As soon as the ballots of a political party 7 shall have been read and the votes of the political party 8 counted, as provided in the last above section, the 3 judges 9 in charge of the tally sheets shall foot up the tally sheets 10 so as to show the total number of votes cast for each 11 candidate of the political party and for each candidate for 12 State Central committeeman and precinct committeeman, 13 township committeeman or ward committeeman, and delegate and 14 alternate delegate to National nominating conventions, and 15 certify the same to be correct. Thereupon, the primary judges 16 shall set down in a certificate of results on the tally 17 sheet, under the name of the political party, the name of 18 each candidate voted for upon the primary ballot, written at 19 full length, the name of the office for which he is a 20 candidate for nomination or for committeeman, or delegate or 21 alternate delegate to National nominating conventions, the 22 total number of votes which the candidate received, and they 23 shall also set down the total number of ballots voted by the 24 primary electors of the political party in the precinct. The 25 certificate of results shall be made substantially in the 26 following form: 27 ................ Party 28 At the primary election held in the .... precinct of the 29 (1) *township of ...., or (2) *City of ...., or (3) *.... 30 ward in the city of .... on (insert date),the .... day of31...., 19..,the primary electors of the .... party voted .... 32 ballots, and the respective candidates whose names were 33 written or printed on the primary ballot of the .... party, SB745 Enrolled -96- LRB9101253EGfg 1 received respectively the following votes: 2 Name of No. of 3 Candidate, Title of Office, Votes 4 John Jones Governor 100 5 Sam Smith Governor 70 6 Frank Martin Attorney General 150 7 William Preston Rep. in Congress 200 8 Frederick John Circuit Judge 50 9 *Fill in either (1), (2) or (3). 10 And so on for each candidate. 11 We hereby certify the above and foregoing to be true and 12 correct. 13 Dated (insert date).this .... day of ...., 19....14 ................................... 15 Name Address 16 ................................... 17 Name Address 18 ................................... 19 Name Address 20 ................................... 21 Name Address 22 ................................... 23 Name Address 24 Judges of Primary 25 Where voting machines or electronic voting systems are 26 used, the provisions of this Section may be modified as 27 required or authorized by Article 24 and Article 24A, 28 whichever is applicable. 29 (Source: P.A. 84-551; revised 10-20-98.) 30 (10 ILCS 5/8-8) (from Ch. 46, par. 8-8) 31 Sec. 8-8. The name of no candidate for nomination shall 32 be printed upon the primary ballot unless a petition for 33 nomination shall have been filed in his behalf as provided SB745 Enrolled -97- LRB9101253EGfg 1 for in this Section. Each such petition shall include as a 2 part thereof the oath required by Section 7-10.1 of this Act 3 and a statement of candidacy by the candidate filing or in 4 whose behalf the petition is filed. This statement shall set 5 out the address of such candidate, the office for which he is 6 a candidate, shall state that the candidate is a qualified 7 primary voter of the party to which the petition relates, is 8 qualified for the office specified and has filed a statement 9 of economic interests as required by the Illinois 10 Governmental Ethics Act, shall request that the candidate's 11 name be placed upon the official ballot and shall be 12 subscribed and sworn by such candidate before some officer 13 authorized to take acknowledgment of deeds in this State and 14 may be in substantially the following form: 15 State of Illinois) 16 ) ss. 17 County ..........) 18 I, ...., being first duly sworn, say that I reside at 19 .... street in the city (or village of) .... in the county of 20 .... State of Illinois; that I am a qualified voter therein 21 and am a qualified primary voter of .... party; that I am a 22 candidate for nomination to the office of .... to be voted 23 upon at the primary election to be held on (insert date);the24.... day of ...., 19..;that I am legally qualified to hold 25 such office and that I have filed a statement of economic 26 interests as required by the Illinois Governmental Ethics Act 27 and I hereby request that my name be printed upon the 28 official primary ballot for nomination for such office. 29 Signed .................... 30 Subscribed and sworn to (or affirmed) before me by ...., 31 who is to me personally known, on (insert date).this ....32day of .... 19...33 Signed .... (Official Character) 34 (Seal if officer has one.) SB745 Enrolled -98- LRB9101253EGfg 1 All petitions for nomination for the office of State 2 Senator shall be signed by 1% or 600, whichever is greater, 3 of the qualified primary electors of the candidate's party in 4 his legislative district, except that for the first primary 5 following a redistricting of legislative districts, such 6 petitions shall be signed by at least 600 qualified primary 7 electors of the candidate's party in his legislative 8 district. 9 All petitions for nomination for the office of 10 Representative in the General Assembly shall be signed by at 11 least 1% or 300, whichever is greater, of the qualified 12 primary electors of the candidate's party in his or her 13 representative district, except that for the first primary 14 following a redistricting of representative districts such 15 petitions shall be signed by at least 300 qualified primary 16 electors of the candidate's party in his or her 17 representative district. 18 Opposite the signature of each qualified primary elector 19 who signs a petition for nomination for the office of State 20 Representative or State Senator such elector's residence 21 address shall be written or printed. The residence address 22 required to be written or printed opposite each qualified 23 primary elector's name shall include the street address or 24 rural route number of the signer, as the case may be, as well 25 as the signer's city, village or town. 26 For the purposes of this Section, the number of primary 27 electors shall be determined by taking the total vote cast, 28 in the applicable district, for the candidate for such 29 political party who received the highest number of votes, 30 state-wide, at the last general election in the State at 31 which electors for President of the United States were 32 elected. 33 A "qualified primary elector" of a party may not sign 34 petitions for or be a candidate in the primary of more than SB745 Enrolled -99- LRB9101253EGfg 1 one party. 2 In the affidavit at the bottom of each sheet, the 3 petition circulator, who shall have been a registered voter 4 at all times he or she circulated the petition, shall state 5 his street address or rural route number, as the case may be, 6 as well as his city, village or town. 7 In the affidavit at the bottom of each petition sheet, 8 the petition circulator shall either (1) indicate the dates 9 on which he or she circulated that sheet, or (2) indicate the 10 first and last dates on which the sheet was circulated, or 11 (3) certify that none of the signatures on the sheet were 12 signed more than 90 days preceding the last day for the 13 filing of the petition. No petition sheet shall be 14 circulated more than 90 days preceding the last day provided 15 in Section 8-9 for the filing of such petition. 16 All petition sheets which are filed with the State Board 17 of Elections shall be the original sheets which have been 18 signed by the voters and by the circulator, and not 19 photocopies or duplicates of such sheets. 20 The person circulating the petition, or the candidate on 21 whose behalf the petition is circulated, may strike any 22 signature from the petition, provided that:;23 (1) the person striking the signature shall initial 24 the petition at the place where the signature is struck; 25 and 26 (2) the person striking the signature shall sign a 27 certification listing the page number and line number of 28 each signature struck from the petition. Such 29 certification shall be filed as a part of the petition. 30 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348; 87-1052; 31 revised 10-20-98.) 32 (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7) 33 Sec. 9-1.7. "Local political committee" means the SB745 Enrolled -100- LRB9101253EGfg 1 candidate himself or any individual, trust, partnership, 2 committee, association, corporation, oranyother 3 organization or group of persons which: 4 (a) accepts contributions or grants or makes 5 expenditures during any 12-month period in an aggregate 6 amount exceeding $3,000 on behalf of or in opposition to 7 a candidate or candidates for public office who are 8 required by the Illinois Governmental Ethics Act to file 9 statements of economic interests with the county clerk, 10 or on behalf of or in opposition to a candidate or 11 candidates for election to the office of ward or township 12 committeeman in counties of 3,000,000 or more population; 13.14 (b) accepts contributions or makes expenditures 15 during any 12-month period in an aggregate amount 16 exceeding $3,000 in support of or in opposition to any 17 question of public policy to be submitted to the electors 18 of an area encompassing no more than one county;,or 19 (c) accepts contributions or makes expenditures 20 during any 12-month period in an aggregate amount 21 exceeding $3,000 and has as its primary purpose the 22 furtherance of governmental, political or social values, 23 is organized on a not-for-profit basis, and which 24 publicly endorses or publicly opposes a candidate or 25 candidates for public office who are required by the 26 Illinois Governmental Ethics Act to file statements of 27 economic interest with the County Clerk or a candidate or 28 candidates for the office of ward or township 29 committeeman in counties of 3,000,000 or more population. 30 (Source: P.A. 89-405, eff. 11-8-95; 90-737, eff. 1-1-99; 31 revised 10-28-98.) 32 (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2) 33 Sec. 10-6.2. The State Board of Elections, the election SB745 Enrolled -101- LRB9101253EGfg 1 authority or the local election official with whom petitions 2 for nomination are filed pursuant to this Article 10 shall 3 specify the place where filings shall be made and upon 4 receipt shall endorse thereon the day and the hour at which 5 each petition was filed. Except as provided by Article 9 of 6 The School Code, all petitions filed by persons waiting in 7 line as of 8:00 a.m. on the first day for filing, or as of 8 the normal opening hour of the office involved on such day, 9 shall be deemed filed as of 8:00 a.m. or the normal opening 10 hour, as the case may be. Petitions filed by mail and 11 received after midnight of the first day for filing and in 12 the first mail delivery or pickup of that day shall be deemed 13 filed as of 8:00 a.m. of that day or as of the normal opening 14 hour of such day, as the case may be. All petitions received 15 thereafter shall be deemed filed in the order of actual 16 receipt. Where 2 or more petitions are received 17 simultaneously, the State Board of Elections, the election 18 authority or the local election official with whom such 19 petitions are filed shall break ties and determine the order 20 of filing by means of a lottery or other fair and impartial 21 method of random selection approved by the State Board of 22 Elections. Such lottery shall be conducted within 9 days 23 following the last day for petition filing and shall be open 24 to the public. Seven days written notice of the time and 25 place of conducting such random selection shall be given, by 26 the State Board of Elections, the election authority, or 27 local election official, to the Chairman of each political 28 party, and to each organization of citizens within the 29 election jurisdiction which was entitled, under this Code, at 30 the next preceding election, to have pollwatchers present on 31 the day of election. The State Board of Elections, the 32 election authority or local election official shall post in a 33 conspicuous, open and public place, at the entrance of the 34 office, notice of the time and place of such lottery. The SB745 Enrolled -102- LRB9101253EGfg 1 State Board of Elections shall adopt rules and regulations 2 governing the procedures for the conduct of such lottery. All 3 candidates shall be certified in the order in which their 4 petitions have been filed and in the manner prescribed by 5 Section 10-14 and 10-15 of this Article. Where candidates 6 have filed simultaneously, they shall be certified in the 7 order determined by lot and prior to candidates who filed for 8 the same office or offices at a later time. Certificates of 9 nomination filed within the period prescribed in Section 10 10-6(2) for candidates nominated by caucus for township or 11 municipal offices shall be subject to the ballot placement 12 lottery for established political parties prescribed in 13 Section 7-60 of this Code. 14 If multiple sets of nomination papers are filed for a 15 candidate to the same office, the State Board of Elections, 16 appropriate election authority or local election official 17 where the petitions are filed shall within 2 business days 18 notify the candidate of his or her multiple petition filings 19 and that the candidate has 3 business days after receipt of 20 the notice to notify the State Board of Elections, 21 appropriate election authority or local election official 22 that he or she may cancel prior sets of petitions. If the 23 candidate notifies the State Board of Elections, appropriate 24 election authority or local election official, the last set 25 of petitions filed shall be the only petitions to be 26 considered valid by the State Board of Elections, election 27 authority or local election official. If the candidate fails 28 to notify the State Board of Elections, appropriate election 29 authority or local election official then only the first set 30 of petitions filed shall be valid and all subsequent 31 petitions shall be void. 32 (Source: P.A. 86-867; 86-874; 86-1028; 87-1052; revised 33 10-31-98.) SB745 Enrolled -103- LRB9101253EGfg 1 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1) 2 Sec. 12-1. At least 60 days prior to each general and 3 consolidated election, the election authority shall provide 4 public notice, calculated to reach elderly and handicapped 5 voters, of the availability of registration and voting aids 6 under the Federal Voting Accessibility for the Elderly and 7 Handicapped Act, of the availability of assistance in marking 8 the ballot, and procedures for voting by absentee ballot. 9 At least 30 days before any general election, and at 10 least 20 days before any special congressional election, the 11 county clerk shall publish a notice of the election in 2 or 12 more newspapers published in the county, city, village, 13 incorporated town or town, as the case may be, or if there is 14 no such newspaper, then in any 2 or more newspapers published 15 in the county and having a general circulation throughout the 16 community. The notice may be substantially as follows: 17 Notice is hereby given that on (give date), at (give the 18 place of holding the election and the name of the precinct or 19 district) in the county of (name county), an election will be 20 held for (give the title of the several offices to be 21 filled), which election will be open at 6:00 a.m. and 22 continued open until 7:00 p.m. of that day. 23 Dated at .... on (insert date).this .... day of ....,2419...25 (Source: P.A. 90-358, eff. 1-1-98; revised 10-20-98.) 26 (10 ILCS 5/14-4) (from Ch. 46, par. 14-4) 27 Sec. 14-4. The leading political party represented by a 28 minority of all the commissioners in the board shall be 29 entitled to 2 of the judges in each precinct with an even 30 number, and 3 of the judges in each precinct with an odd 31 number, and the other leading political party shall be 32 entitled to 3 judges in the even and 2 judges in the odd 33 number precincts; and if only 3 judges of election serve in SB745 Enrolled -104- LRB9101253EGfg 1 each precinct, the leading political party represented by the 2 minority of all the commissioners in the board shall be 3 entitled to one of the judges of election in each precinct 4 with an even number, and 2 of the judges of election in each 5 precinct with an odd number, and the other leading political 6 party shall be entitled to 2 judges of election in the even 7 and one judge of election in the odd number precincts; and it 8 shall be the duty of such commissioners to observe this 9 division in all respects in making such appointments; except 10 that this Section does not apply to appointments by county 11 boards of election commissioners under Section 14-3.1. 12 (Source: P.A. 89-471, eff. 6-13-96; revised 10-31-98.) 13 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) 14 Sec. 17-9. Any person desiring to vote shall give his 15 name and, if required to do so, his residence to the judges 16 of election, one of whom shall thereupon announce the same in 17 a loud and distinct tone of voice, clear, and audible; the 18 judges of elections shall check each application for ballot 19 against the list of voters registered in that precinct to 20 whom absentee ballots have been issued for that election, 21 which shall be provided by the election authority and which 22 list shall be available for inspection by pollwatchers. A 23 voter applying to vote in the precinct on election day whose 24 name appears on the list as having been issued an absentee 25 ballot shall not be permitted to vote in the precinct unless 26 that voter submits to the judges of election, for 27 cancellation or revocation, his absentee ballot. In the case 28 that the voter's absentee ballot is not present in the 29 polling place, it shall be sufficient for any such voter to 30 submit to the judges of election in lieu of his absentee 31 ballot, either a portion of such ballot if torn or mutilated, 32 an affidavit executed before the judges of election 33 specifying that the voter never received an absentee ballot, SB745 Enrolled -105- LRB9101253EGfg 1 or an affidavit executed before the judges of election 2 specifying that the voter desires to cancel or revoke any 3 absentee ballot that may have been cast in the voter's name. 4 All applicable provisions of Articles 4, 5 or 6 shall be 5 complied with and if such name is found on the register of 6 voters by the officer having charge thereof, he shall 7 likewise repeat said name, and the voter shall be allowed to 8 enter within the proximity of the voting booths, as above 9 provided. One of the judges shall give the voter one, and 10 only one of each ballot to be voted at the election, on the 11 back of which ballots such judge shall indorse his initials 12 in such manner that they may be seen when each such ballot is 13 properly folded, and the voter's name shall be immediately 14 checked on the register list. In those election jurisdictions 15 where perforated ballot cards are utilized of the type on 16 which write-in votes can be cast above the perforation, the 17 election authority shall provide a space both above and below 18 the perforation for the judge's initials, and the judge shall 19 endorse his or her initials in both spaces. Whenever a 20 proposal for a constitutional amendment or for the calling of 21 a constitutional convention is to be voted upon at the 22 election, the separate blue ballot or ballots pertaining 23 thereto shall, when being handed to the voter, be placed on 24 top of the other ballots to be voted at the election in such 25 manner that the legend appearing on the back thereof, as 26 prescribed in Section 16-6 of this Act, shall be plainly 27 visible to the voter. At all elections, when a registry may 28 be required, if the name of any person so desiring to vote at 29 such election is not found on the register of voters, he or 30 she shall not receive a ballot until he or she shall have 31 complied with the law prescribing the manner and conditions 32 of voting by unregistered voters. If any person desiring to 33 vote at any election shall be challenged, he or she shall not 34 receive a ballot until he or she shall have established his SB745 Enrolled -106- LRB9101253EGfg 1 right to vote in the manner provided hereinafter; and if he 2 or she shall be challenged after he has received his ballot, 3 he shall not be permitted to vote until he or she has fully 4 complied with such requirements of the law upon being 5 challenged. Besides the election officer, not more than 2 6 voters in excess of the whole number of voting booths 7 provided shall be allowed within the proximity of the voting 8 booths at one time. The provisions of this Act, so far as 9 they require the registration of voters as a condition to 10 their being allowed to vote shall not apply to persons 11 otherwise entitled to vote, who are, at the time of the 12 election, or at any time within 60 days prior to such 13 election have been engaged in the military or naval service 14 of the United States, and who appear personally at the 15 polling place on election day and produce to the judges of 16 election satisfactory evidence thereof, but such persons, if 17 otherwise qualified to vote, shall be permitted to vote at 18 such election without previous registration. 19 All such persons shall also make an affidavit which shall 20 be in substantially the following form: 21 State of Illinois,) 22 ) ss. 23 County of ........) 24 ............... Precinct .......... Ward 25 I, ...., do solemnly swear (or affirm) that I am a 26 citizen of the United States, of the age of 18 years or over, 27 and that within the past 60 days prior to the date of this 28 election at which I am applying to vote, I have been engaged 29 in the .... (military or naval) service of the United States; 30 and I am qualified to vote under and by virtue of the 31 Constitution and laws of the State of Illinois, and that I am 32 a legally qualified voter of this precinct and ward except 33 that I have, because of such service, been unable to register 34 as a voter; that I now reside at .... (insert street and SB745 Enrolled -107- LRB9101253EGfg 1 number, if any) in this precinct and ward; that I have 2 maintained a legal residence in this precinct and ward for 30 3 days and in this State 30 days next preceding this election. 4 ......................... 5 Subscribed and sworn to before me on (insert date).this6.... day of...., 19...7 ......................... 8 Judge of Election. 9 The affidavit of any such person shall be supported by 10 the affidavit of a resident and qualified voter of any such 11 precinct and ward, which affidavit shall be in substantially 12 the following form: 13 State of Illinois,) 14 ) ss. 15 County of ........) 16 ........... Precinct ........... Ward 17 I, ...., do solemnly swear (or affirm), that I am a 18 resident of this precinct and ward and entitled to vote at 19 this election; that I am acquainted with .... (name of the 20 applicant); that I verily believe him to be an actual bona 21 fide resident of this precinct and ward and that I verily 22 believe that he or she has maintained a legal residence 23 therein 30 days and in this State 30 days next preceding this 24 election. 25 ......................... 26 Subscribed and sworn to before me on (insert date).this27.... day of...., 19...28 ......................... 29 Judge of Election. 30 All affidavits made under the provisions of this Section 31 shall be enclosed in a separate envelope securely sealed, and 32 shall be transmitted with the returns of the elections to the 33 county clerk or to the board of election commissioners, who SB745 Enrolled -108- LRB9101253EGfg 1 shall preserve the said affidavits for the period of 6 2 months, during which period such affidavits shall be deemed 3 public records and shall be freely open to examination as 4 such. 5 (Source: P.A. 89-653, eff. 8-14-96; revised 10-20-98.) 6 (10 ILCS 5/17-10) (from Ch. 46, par. 17-10) 7 Sec. 17-10. (a) Whenever, at any election, in any 8 precinct, any person offering to vote is not personally known 9 to the judges of election to have the qualifications required 10 in this Act, if his vote is challenged by a legal voter at 11 such election, he or she shall make and subscribe an 12 affidavit, in the following form, which shall be retained by 13 the judges of election, and returned by them affixed to the 14 poll books or with the official poll record: 15 State of Illinois) 16 )ss. 17 County of .......) 18 I, ...., do solemnly swear (or affirm) that I am a 19 citizen of the United States; that I am 18 years of age or 20 over; that I have resided in this State and in this election 21 district 30 days next preceding this election; that I have 22 not voted at this election; that I am a duly qualified voter 23 in every respect; that I now reside at (here give the 24 particular house or place of residence, and, if in a town or 25 city, the street and number), in this election district; *1. 26 that I registered to vote from said address; *2. that I 27 changed my residence to the above address from ...., both of 28 which are in this election district; *3. that I changed my 29 name from .... to that which I have signed below; *4. that I 30 have not changed my residence but my address has changed as a 31 result of implementation of a 9-1-1 emergency telephone 32 system. 33 So help me God, (or "This I do solemnly and sincerely SB745 Enrolled -109- LRB9101253EGfg 1 affirm", as the case may be). 2 ......................... 3 Subscribed and sworn to before me on (insert date).this4.... day of ...., 19...5 ......................... 6 *1. If registration is not required, draw a line through 7 1 above. 8 *2. Fill in the blank ONLY if you have moved within 2 9 years. 10 *3. Fill in the blank ONLY if you have changed your name 11 within 2 years. 12 *4. Fill in the blank ONLY if you have not changed your 13 residence but your address has changed as a result of 14 implementation of a 9-1-1 emergency telephone system. 15 In addition to such an affidavit, the person so 16 challenged shall provide to the judges of election proof of 17 residence by producing two forms of identification showing 18 the person's current residence address, provided that such 19 identification may include not more than one piece of mail 20 addressed to the person at his current residence address and 21 postmarked not earlier than 30 days prior to the date of the 22 election, or the person shall procure a witness personally 23 known to the judges of election, and resident in the precinct 24 (or district), or who shall be proved by some legal voter of 25 such precinct or district, known to the judges to be such, 26 who shall take the oath following, viz: 27 I do solemnly swear (or affirm) that I am a resident of 28 this election precinct (or district), and entitled to vote at 29 this election, and that I have been a resident of this State 30 for 30 days last past, and am well acquainted with the person 31 whose vote is now offered; that he is an actual and bona fide 32 resident of this election precinct (or district), and has 33 resided herein 30 days, and as I verily believe, in this 34 State, 30 days next preceding this election. SB745 Enrolled -110- LRB9101253EGfg 1 The oath in each case may be administered by either of 2 the judges of election, or by any officer, resident in the 3 precinct or district, authorized by law to administer oaths. 4 (b) Whenever, at any regular or special election, in any 5 precinct, district, city, village, incorporated town, town or 6 ward, any person offering to vote has moved therefrom within 7 30 days prior to said regular or special election, he shall 8 make and subscribe an affidavit, in the following form, which 9 shall be supported by providing to the judges of election 10 proof of residence by producing two forms of identification 11 showing the person's current residence address, provided that 12 such identification may include not more than one piece of 13 mail addressed to the person at his current residence address 14 and postmarked not earlier than 30 days prior to the date of 15 the election, or by one1affidavit of a registered voter in 16 the precinct, as provided herein, both of which shall be 17 retained by the judges of election, and returned by them 18 affixed to the poll books or with the official poll record: 19 State of Illinois) 20 )ss. 21 County of .......) 22 I, ........., do solemnly swear (or affirm) that I am a 23 citizen of the United States; that I am 18 years of age; 24 that I have not voted at this election; that prior to 30 days 25 preceding this election I was a duly qualified and registered 26 voter in every respect in this election district; that I have 27 recently moved from (here give the particular house or place 28 of residence, and, if in a town or city, the street and 29 number), in this election district; that I now reside at 30 (here give the particular house or place of residence, and, 31 if in a town or city, the street and number), in another 32 election district in the State. 33 So help me God, (or "This I do solemnly and sincerely 34 affirm", as the case may be). SB745 Enrolled -111- LRB9101253EGfg 1 ...................... 2 Subscribed and sworn to before me on (insert date).this3............. day of ........, 19......4 ...................... 5 State of Illinois) 6 )ss. 7 County of .......) 8 ......... Precinct ........ Ward 9 I, ........, do solemnly swear (or affirm), that I am a 10 resident of this precinct and entitled to vote at this 11 election; that I am acquainted with .... (name of the 12 applicant); that I verily believe him to have been an actual 13 bona fide resident and registered voter of this precinct and 14 that he maintained a legal residence therein, 30 days next 15 preceding this election. 16 .................... 17 Subscribed and sworn to before me on (insert date).this18.... day of...., 19...19 .................... 20 Judge of Election. 21 The oath may be administered by either of the judges of 22 election, or by any officer, resident in the precinct or 23 district, authorized by law to administer oaths. 24 (Source: P.A. 90-664, eff. 7-30-98; revised 10-20-98.) 25 (10 ILCS 5/17-17) (from Ch. 46, par. 17-17) 26 Sec. 17-17. After the opening of the polls no 27 adjournment shall be had nor shall any recess be taken, until 28 all the votes cast at such election haveshall bebeen 29 counted and the result publicly announced, except that when 30 necessary one judge at a time may leave the polling place for 31 a reasonable time during the casting of ballots, and except 32 that when a polling place is inaccessible to a disabled 33 voter, one team of 2 judges of opposite party affiliation may SB745 Enrolled -112- LRB9101253EGfg 1 leave the polling place to deliver a ballot to such voter, as 2 provided in Sections 7-47.1 and 17-13 of this Code. When a 3 judge leaves and returns, such judge shall sign a time sheet 4 indicating the length of the period such judge is absent from 5 his duties. When absent, the judge shall authorize someone 6 of the same political party as himself to act for him until 7 he returns. 8 Where voting machines or electronic voting systems are 9 used, the provisions of this section may be modified as 10 required or authorized by Article 24 or Article 24A, 11 whichever is applicable. 12 (Source: P.A. 84-808; revised 10-31-98.) 13 (10 ILCS 5/17-23) (from Ch. 46, par. 17-23) 14 Sec. 17-23. Pollwatchers in a general election shall be 15 authorized in the following manner: 16 (1) Each established political party shall be entitled 17 to appoint two pollwatchers per precinct. Such pollwatchers 18 must be affiliated with the political party for which they 19 are pollwatching. For all elections, except as provided in 20 subsection (4), one pollwatcher must be registered to vote 21 from a residence in the county in which he is pollwatching. 22 The second pollwatcher must be registered to vote from a 23 residence in the precinct or ward in which he is 24 pollwatching. 25 (2) Each candidate shall be entitled to appoint two 26 pollwatchers per precinct. For all elections, one 27 pollwatcher must be registered to vote from a residence in 28 the county in which he is pollwatching. The second 29 pollwatcher must be registered to vote from a residence in 30 the precinct or ward in which he is pollwatching. 31 (3) Each organization of citizens within the county or 32 political subdivision, which has among its purposes or 33 interests the investigation or prosecution of election SB745 Enrolled -113- LRB9101253EGfg 1 frauds, and which shall have registered its name and address 2 and the name and addresses of its principal officers with the 3 proper election authority at least 40 days before the 4 election, shall be entitled to appoint one pollwatcher per 5 precinct. For all elections, such pollwatcher must be 6 registered to vote from a residence in the county in which he 7 is pollwatching. 8 (4) In any general election held to elect candidates for 9 the offices of a municipality of less than 3,000,000 10 population that is situated in 2 or more counties, a 11 pollwatcher who is a resident of a county in which any part 12 of the municipality is situated shall be eligible to serve as 13 a pollwatcher in any poll located within such municipality, 14 provided that such pollwatcher otherwise complies with the 15 respective requirements of subsections (1) through (3) of 16 this Section and is a registered voter whose residence is 17 within the municipality. 18 (5) Each organized group of proponents or opponents of a 19 ballot proposition, which shall have registered the name and 20 address of its organization or committee and the name and 21 address of its chairman with the proper election authority at 22 least 40 days before the election, shall be entitled to 23 appoint one pollwatcher per precinct. Such pollwatcher must 24 be registered to vote from a residence in the county in which 25 the ballot proposition is being voted upon. 26 All pollwatchers shall be required to have proper 27 credentials. Such credentials shall be printed in sufficient 28 quantities, shall be issued by and under the facsimile 29 signature(s) of the election authority and shall be available 30 for distribution at least 2 weeks prior to the election. Such 31 credentials shall be authorized by the real or facsimile 32 signature of the State or local party official or the 33 candidate or the presiding officer of the civic organization 34 or the chairman of the proponent or opponent group, as the SB745 Enrolled -114- LRB9101253EGfg 1 case may be. 2 Pollwatcher credentials shall be in substantially the 3 following form: 4 POLLWATCHER CREDENTIALS 5 TO THE JUDGES OF ELECTION: 6 In accordance with the provisions of the Election Code, 7 the undersigned hereby appoints .......... (name of 8 pollwatcher) who resides at ........... (address) in the 9 county of ..........., .......... (township or municipality) 10 of ........... (name), State of Illinois and who is duly 11 registered to vote from this address, to act as a 12 pollwatcher in the ........... precinct of the ........... 13 ward (if applicable) of the ........... (township or 14 municipality) of ........... at the ........... election to 15 be held on.........., 19..(insert date). 16 ........................ (Signature of Appointing Authority) 17 ......................... TITLE (party official, candidate, 18 civic organization president, 19 proponent or opponent group chairman) 20 Under penalties provided by law pursuant to Section 29-10 21 of the Election Code, the undersigned pollwatcher certifies 22 that he or she resides at ................ (address) in the 23 county of ............, ......... (township or municipality) 24 of ........... (name), State of Illinois, and is duly 25 registered to vote from that address. 26 .......................... ....................... 27 (Precinct and/or Ward in (Signature of Pollwatcher) 28 Which Pollwatcher Resides) 29 Pollwatchers must present their credentials to the Judges 30 of Election upon entering the polling place. Pollwatcher 31 credentials properly executed and signed shall be proof of 32 the qualifications of the pollwatcher authorized thereby. 33 Such credentials are retained by the Judges and returned to SB745 Enrolled -115- LRB9101253EGfg 1 the Election Authority at the end of the day of election with 2 the other election materials. Once a pollwatcher has 3 surrendered a valid credential, he may leave and reenter the 4 polling place provided that such continuing action does not 5 disrupt the conduct of the election. Pollwatchers may be 6 substituted during the course of the day, but established 7 political parties, candidates and qualified civic 8 organizations can have only as many pollwatchers at any given 9 time as are authorized in this Article. A substitute must 10 present his signed credential to the judges of election upon 11 entering the polling place. Election authorities must 12 provide a sufficient number of credentials to allow for 13 substitution of pollwatchers. After the polls have closed 14 pollwatchers shall be allowed to remain until the canvass of 15 votes is completed; but may leave and reenter only in cases 16 of necessity, provided that such action is not so continuous 17 as to disrupt the canvass of votes. 18 Candidates seeking office in a district or municipality 19 encompassing 2 or more counties shall be admitted to any and 20 all polling places throughout such district or municipality 21 without regard to the counties in which such candidates are 22 registered to vote. Actions of such candidates shall be 23 governed in each polling place by the same privileges and 24 limitations that apply to pollwatchers as provided in this 25 Section. Any such candidate who engages in an activity in a 26 polling place which could reasonably be construed by a 27 majority of the judges of election as campaign activity shall 28 be removed forthwith from such polling place. 29 Candidates seeking office in a district or municipality 30 encompassing 2 or more counties who desire to be admitted to 31 polling places on election day in such district or 32 municipality shall be required to have proper credentials. 33 Such credentials shall be printed in sufficient quantities, 34 shall be issued by and under the facsimile signature of the SB745 Enrolled -116- LRB9101253EGfg 1 election authority of the election jurisdiction where the 2 polling place in which the candidate seeks admittance is 3 located, and shall be available for distribution at least 2 4 weeks prior to the election. Such credentials shall be 5 signed by the candidate. 6 Candidate credentials shall be in substantially the 7 following form: 8 CANDIDATE CREDENTIALS 9 TO THE JUDGES OF ELECTION: 10 In accordance with the provisions of the Election Code, I 11 ...... (name of candidate) hereby certify that I am a 12 candidate for ....... (name of office) and seek admittance to 13 ....... precinct of the ....... ward (if applicable) of the 14 ....... (township or municipality) of ....... at the ....... 15 election to be held on...., 19....(insert date). 16 ......................... ....................... 17 (Signature of Candidate) OFFICE FOR WHICH 18 CANDIDATE SEEKS 19 NOMINATION OR 20 ELECTION 21 Pollwatchers shall be permitted to observe all 22 proceedings relating to the conduct of the election and to 23 station themselves in a position in the voting room as will 24 enable them to observe the judges making the signature 25 comparison between the voter application and the voter 26 registration record card; provided, however, that such 27 pollwatchers shall not be permitted to station themselves in 28 such close proximity to the judges of election so as to 29 interfere with the orderly conduct of the election and shall 30 not, in any event, be permitted to handle election materials. 31 Pollwatchers may challenge for cause the voting 32 qualifications of a person offering to vote and may call to 33 the attention of the judges of election any incorrect SB745 Enrolled -117- LRB9101253EGfg 1 procedure or apparent violations of this Code. 2 If a majority of the judges of election determine that 3 the polling place has become too overcrowded with 4 pollwatchers so as to interfere with the orderly conduct of 5 the election, the judges shall, by lot, limit such 6 pollwatchers to a reasonable number, except that each 7 established or new political party shall be permitted to have 8 at least one pollwatcher present. 9 Representatives of an election authority, with regard to 10 an election under its jurisdiction, the State Board of 11 Elections, and law enforcement agencies, including but not 12 limited to a United States Attorney, a State's attorney, the 13 Attorney General, and a State, county, or local police 14 department, in the performance of their official election 15 duties, shall be permitted at all times to enter and remain 16 in the polling place. Upon entering the polling place, such 17 representatives shall display their official credentials or 18 other identification to the judges of election. 19 Uniformed police officers assigned to polling place duty 20 shall follow all lawful instructions of the judges of 21 election. 22 The provisions of this Section shall also apply to 23 supervised casting of absentee ballots as provided in Section 24 19-12.2 of this Act. 25 (Source: P.A. 90-655, eff. 7-30-98; revised 10-19-98.) 26 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) 27 Sec. 19-8. In case an absent voter's ballot is received 28 by the election authority prior to the delivery of the 29 official ballots to the judges of election of the precinct in 30 which said elector resides, such ballot envelope and 31 application, sealed in the carrier envelope, shall be 32 enclosed in such package and therewith delivered to the 33 judges of such precinct. In case the official ballots for SB745 Enrolled -118- LRB9101253EGfg 1 such precinct have been delivered to the judges of election 2 at the time of the receipt by the election authority of such 3 absent voter's ballot, such authority shall immediately 4 enclose said envelope containing the absent voter's ballot, 5 together with his application therefor, in a larger or 6 carrier envelope which shall be securely sealed and addressed 7 on the face to the judges of election, giving the name or 8 number of precinct, street and number of polling place, city 9 or town in which such absent voter is a qualified elector, 10 and the words,"This envelope contains an absent voter's 11 ballot and must be opened only on election day at the polls 12 immediately after the polls are closed,""mailing the same, 13 postage prepaid, to such judges of election, or if more 14 convenient, such officer may deliver such absent voter's 15 ballot to the judges of election in person or by duly 16 deputized agent, said officer to secure his receipt for 17 delivery of such ballot or ballots. Absent voters' ballots 18 returned by absentee voters to the election authority after 19 the closing of the polls on an election day shall be endorsed 20 by the election authority receiving the same with the day and 21 hour of receipt and shall be safely kept unopened by such 22 election authority for the period of time required for the 23 preservation of ballots used at such election, and shall 24 then, without being opened, be destroyed in like manner as 25 the used ballots of such election. 26 All absent voters' ballots received by the election 27 authority after 12:00 noon on election day or too late for 28 delivery to the proper polling place before the closing of 29 the polls on election day, and Special Write-In Absentee 30 Voter's Blank Ballots, except ballots returned by mail 31 postmarked after midnight preceding the opening of the polls 32 on election day, shall be endorsed by the election authority 33 receiving the same with the day and hour of receipt and shall 34 be counted in the office of the election authority on the day SB745 Enrolled -119- LRB9101253EGfg 1 of the election after 7:00 p.m. All absent voters' ballots 2 delivered in error to the wrong precinct polling place shall 3 be returned to the election authority and counted under this 4 provision; however, all absentee ballots received by the 5 election authority by the close of absentee voting in the 6 office of the election authority on the day preceding the day 7 of election shall be delivered to the proper precinct polling 8 places in time to be counted by the judges of election. 9 Such counting shall commence no later than 8:00 p.m. and 10 shall be conducted by a panel or panels of election judges 11 appointed in the manner provided by law. Such counting shall 12 continue until all absent voters' ballots received as 13 aforesaid have been counted. 14 The procedures set forth in Section 19-9 of this Act and 15 Articles 17 and 18 of this Code, shall apply to all absent 16 voters' ballots counted under this provision, including 17 comparing the signature on the ballot envelope with the 18 signature of the voter on the permanent voter registration 19 record card taken from the master file; except that votes 20 shall be recorded without regard to precinct designation, 21 except for precinct offices. 22 (Source: P.A. 86-875; revised 10-31-98.) 23 (10 ILCS 5/24-1.1) (from Ch. 46, par. 24-1.1) 24 Sec. 24-1.1. The county board of each county having a 25 population of 35,000 or more, with respect to all elections 26 for which the county board or the county clerk is charged 27 with the duty of providing materials and supplies, and each 28 board of election commissioners in a municipality having a 29 population of 35,000 or more with respect to elections under 30 its jurisdiction, must provide either voting machines in 31 accordance with this Article or electronic voting systems in 32 accordance with Article 24A for each precinct for all such 33 elections except as provided in Section 24-1.2 except in SB745 Enrolled -120- LRB9101253EGfg 1 elections held pursuant to the provisions of Section 12 of 2 Article VI of the Constitution relating to retention of 3 judges in office, in which event, the special ballot 4 containing the propositions on the retention of judges may be 5 placed on the voting machines or devices. For purposes of 6 this Section 24-1.1, the term "population" does not include 7 persons prohibited from voting by Section 3-5 of this Act. 8 Before voting machines or electronic voting systems are 9 introduced, adopted or used in any precinct or territory at 10 least 2 months public notice must be given before the date of 11 the first election wherein such machines are to be used. The 12 election authority shall publish the notice at least once in 13 one or more newspapers published within its jurisdiction in 14 which the election is held. If there is no such newspaper, 15 the notice shall be published in a newspaper published in the 16 county and having a general circulation within such political 17 subdivision of this State. The notice shall be substantially 18 as follows: 19 Notice is hereby given that on....(give date)...., at 20....(give place where election is held)....in the county of 21 .... an election will be held for....(give name of office to 22 be filled)....at which voting machines will be used. 23 Dated at .... on (insert date).this .... day of ....2419...25 The notice referred to herein shall be given only at the 26 first election at which such voting machines or electronic 27 voting systems are used. 28 (Source: P.A. 81-891; revised 10-20-98.) 29 (10 ILCS 5/24A-3) (from Ch. 46, par. 24A-3) 30 Sec. 24A-3. Except as otherwise provided in this Section, 31 any county board, board of county commissioners and any board 32 of election commissioners, with respect to territory within 33 its jurisdiction, may adopt, experiment with, or abandon a SB745 Enrolled -121- LRB9101253EGfg 1 voting system approved for use by the State Board of 2 Elections and may use such voting system in all or some of 3 the precincts within its jurisdiction, or in combination with 4 paper ballots or voting machines. Any such county board, 5 board of county commissioners or board of election 6 commissioners may contract for the tabulation of votes at a 7 location outside its territorial jurisdiction when there is 8 no suitable tabulating equipment available within its 9 territorial jurisdiction. In no case may a county board, 10 board of county commissioners or board of election 11 commissioners contract or arrange for the purchase, lease or 12 loan of an electronic voting system or voting system 13 component without the approval of the State Board of 14 Elections as provided by Section 24A-16. However, the county 15 board and board of county commissioners of each county having 16 a population of 40,000 or more, with respect to all elections 17 for which the county board or the county clerk is charged 18 with the duty of providing materials and supplies, and each 19 board of election commissioners in a municipality having a 20 population of 40,000 or more, with respect to elections under 21 its jurisdiction, must provide either voting systems approved 22 for use by the State Board of Elections under this Article or 23 voting machines under Article 24 for each precinct for all 24 such elections except as provided in Section 24-1.2. For 25 purposes of this Section 24A-3, the term "population" does 26 not include persons prohibited from voting by Section 3-5 of 27 this Act. 28 Before any such system is introduced, adopted or used in 29 any precinct or territory at least 2 months public notice 30 must be given before the date of the first election wherein 31 such voting system is to be used. The election authority 32 shall publish the notice at least once in one or more 33 newspapers published within the county, or other 34 jurisdiction, as the case may be, in which the election is SB745 Enrolled -122- LRB9101253EGfg 1 held. If there is no such newspaper, the notice shall be 2 published in a newspaper published in the county and having a 3 general circulation within such jurisdiction. The notice 4 shall be substantially as follows: 5 Notice is hereby given that on....(give date)...., at 6....(give place where election is held)....in the county of 7 ...., an election will be held for....(give name of offices 8 to be filled)....at which an electronic voting system will 9 be used. 10 Dated at .... on (insert date).this .... day of ....1119...12 The notice referred to herein shall be given only at the 13 first election at which such voting machines or voting 14 systems are used. 15 (Source: P.A. 85-958; revised 10-20-98.) 16 (10 ILCS 5/24B-3) 17 Sec. 24B-3. Adoption, experimentation or abandonment of 18 Precinct Tabulation Optical Scan Technology system; 19 Boundaries of precincts; Notice. Except as otherwise 20 provided in this Section, any county board, board of county 21 commissioners and any board of election commissioners, with 22 respect to territory within its jurisdiction, may adopt, 23 experiment with, or abandon a Precinct Tabulation Optical 24 Scan Technology voting system approved for use by the State 25 Board of Elections and may use the Precinct Tabulation 26 Optical Scan Technology voting system in all or some of the 27 precincts within its jurisdiction, or in combination with 28 paper ballots or voting machines. Any county board, board of 29 county commissioners or board of election commissioners may 30 contract for the tabulation of votes at a location outside 31 its territorial jurisdiction when there is no suitable 32 tabulating equipment available within its territorial 33 jurisdiction. In no case may a county board, board of county SB745 Enrolled -123- LRB9101253EGfg 1 commissioners or board of election commissioners contract or 2 arrange for the purchase, lease or loan of an electronic 3 Precinct Tabulation Optical Scan Technology voting system or 4 Precinct Tabulation Optical Scan Technology voting system 5 component without the approval of the State Board of 6 Elections as provided by Section 24B-16. However, the county 7 board and board of county commissioners of each county having 8 a population of 40,000 or more, with respect to all elections 9 for which the county board or the county clerk is charged 10 with the duty of providing materials and supplies, and each 11 board of election commissioners in a municipality having a 12 population of 40,000 or more, with respect to elections under 13 its jurisdiction, must provide either Precinct Tabulation 14 Optical Scan Technology voting systems approved for use by 15 the State Board of Elections under this Article or voting 16 systems under Article 24A or Article 24 for each precinct for 17 all such elections except as provided in Section 24-1.2. For 18 purposes of this Section 24B-3, the term "population" does 19 not include persons prohibited from voting by Section 3-5 of 20 this Code. 21 Before any such Precinct Tabulation Optical Scan 22 Technology system is introduced, adopted or used in any 23 precinct or territory at least 2 months public notice must be 24 given before the date of the first election where the 25 Precinct Tabulation Optical Scan Technology voting system is 26 to be used. The election authority shall publish the notice 27 at least once in one or more newspapers published within the 28 county, or other jurisdiction, where the election is held. 29 If there is no such newspaper, the notice shall be published 30 in a newspaper published in the county and having a general 31 circulation within such jurisdiction. The notice shall be 32 substantially as follows: 33 Notice is hereby given that on....(give date)...., at 34....(give place where election is held)....in the county of SB745 Enrolled -124- LRB9101253EGfg 1 ...., an election will be held for....(give name of offices 2 to be filled)....at which a Precinct Tabulation Optical Scan 3 Technology electronic voting system will be used. 4 Dated at.... on (insert date).this .... day of ....519....6 This notice referred to shall be given only at the first 7 election at which the Precinct Tabulation Optical Scan 8 Technology voting machines or Precinct Tabulation Optical 9 Scan Technology voting systems are used. 10 (Source: P.A. 89-394, eff. 1-1-97; revised 10-20-98.) 11 Section 11. The Secretary of State Act is amended by 12 changing Section 5 as follows: 13 (15 ILCS 305/5) (from Ch. 124, par. 5) 14 Sec. 5. It shall be the duty of the Secretary of State: 15 1. To countersign and affix the seal of state to all 16 commissions required by law to be issued by the Governor. 17 2. To make a register of all appointments by the 18 Governor, specifying the person appointed, the office 19 conferred, the date of the appointment, the date when bond or 20 oath is taken and the date filed. If Senate confirmation is 21 required, the date of the confirmation shall be included in 22 the register. 23 3. To make proper indexes to public acts, resolutions, 24 papers and documents in his office. 25 3-a. To review all rules of all State agencies adopted 26 in compliance with the codification system prescribed by the 27 Secretary. The review shall be for the purposes and include 28 all the powers and duties provided in the Illinois 29 Administrative Procedure Act. The Secretary of State shall 30 cooperate with the Legislative Information System to insure 31 the accuracy of the text of the rules maintained under the 32 Legislative Information System Act. SB745 Enrolled -125- LRB9101253EGfg 1 4. To give any person requiring the same paying the 2 lawful fees therefor, a copy of any law, act, resolution, 3 record or paper in his office, and attach thereto his 4 certificate, under the seal of the state. 5 5. To take charge of and preserve from waste, and keep 6 in repair, the houses, lots, grounds and appurtenances, 7 situated in the City of Springfield, and belonging to or 8 occupied by the State, the care of which is not otherwise 9 provided for by law, and to take charge of and preserve from 10 waste, and keep in repair, the houses, lots, grounds and 11 appurtenances, situated in the State outside the City of 12 Springfield where such houses, lots, grounds and 13 appurtenances are occupied by the Secretary of State and no 14 other State officer or agency. 15 6. To supervise the distribution of the laws. 16 7. To perform such other duties as may be required by 17 law. The Secretary of State may, within appropriations 18 authorized by the General Assembly, maintain offices in the 19 State Capital and in such other places in the State as he may 20 deem necessary to properly carry out the powers and duties 21 vested in him by law. 22 (Source: P.A. 88-161; revised 10-31-98.) 23 Section 12. The Illinois Identification Card Act is 24 amended by changing Section 14B as follows: 25 (15 ILCS 335/14B) (from Ch. 124, par. 34B) 26 Sec. 14B. Fraudulent identification card. 27 (a) As used in this Section: 28 1. "A fraudulent identification card" means any 29 identification card which purports to be an official 30 identification card for which a computerized number and 31 file have not been created by the Secretary of State, the 32 United States Government or any state or political SB745 Enrolled -126- LRB9101253EGfg 1 subdivision thereof, or any governmental or 2 quasi-governmental organization. For the purpose of this 3 paragraph, any identification card which resembles an 4 official identification card in either size, color, 5 photograph location, or design or uses the word 6 "official", "state", "Illinois", or the name of any other 7 state or political subdivision thereof, or any 8 governmental or quasi-governmental organization 9 individually or in any combination thereof to describe or 10 modify the term "identification card" or "I.D. card" 11 anywhere on the card, or uses a shape in the likeness of 12 Illinois or any other state on the photograph side of the 13 card, is deemed to be a fraudulent identification card 14 unless the words "This is not an official Identification 15 Card", appear prominently upon it in black colored 16 lettering in 12 point type on the photograph side of the 17 card, and no such card shall be smaller in size than 3 18 inches by 4 inches, and the photograph shall be on the 19 left side of the card only. 20 2. "A license-making implement" means any implement 21 specially designed or primarily used in the manufacture, 22 assembly or authentication of any identification card 23 issued by the Secretary of State, the United States 24 Government, the State of Illinois or any other state or 25 political subdivision of the state, or any governmental 26 or quasi-governmental organization. Such implements 27 include, but are not limited to, cameras used for 28 creating identification card photographs, camera cards, 29 or identification card laminates. 30 (b) It is a violation of this Section for any person: 31 1. To knowingly possess, display, or cause to be 32 displayed any fraudulent identification card; 33 2. To knowingly possess, display or cause to be 34 displayed any fraudulent identification card for the SB745 Enrolled -127- LRB9101253EGfg 1 purpose of obtaining any account, credit, credit card or 2 debit card from a bank, financial institution or retail 3 mercantile establishment;.4 3. To knowingly possess any fraudulent 5 identification card with the intent to commit a theft, 6 deception or credit or debit card fraud in violation of 7 any law of this State or any law of any other 8 jurisdiction; 9 4. To knowingly possess any fraudulent 10 identification card with the intent to commit any other 11 violation of any law of this State or any law of any 12 other jurisdiction for which a sentence to a term of 13 imprisonment in a penitentiary for one year or more is 14 provided; 15 5. To knowingly possess any fraudulent 16 identification card while in unauthorized possession of 17 any document, instrument or device capable of defrauding 18 another; 19 6. To knowingly possess any fraudulent 20 identification card with the intent to use the 21 identification card to acquire any other identification 22 document; 23 7. To knowingly possess without authority any 24 license-making implement; 25 8. To knowingly possess any stolen identification 26 card making implement; 27 9. To knowingly duplicate, manufacture, sell or 28 transfer any fraudulent identification card; 29 10. To advertise or distribute any information or 30 materials that promote the selling, giving, or furnishing 31 of a fraudulent identification card. 32 (c) Sentence. 33 1. Any person convicted of a violation of paragraph 34 1 of subsection (b) of this Section shall be guilty of a SB745 Enrolled -128- LRB9101253EGfg 1 Class 4 felony and shall be sentenced to a minimum fine 2 of $500 or 50 hours of community service, preferably at 3 an alcohol abuse prevention program, if available. 4 2. Any person convicted of a violation of any of 5 paragraphs 2 through 9 of subsection (b) of this Section 6 shall be guilty of a Class 4 felony. A person convicted 7 of a second or subsequent violation shall be guilty of a 8 Class 3 felony. 9 3. Any person who violates paragraph 10 of 10 subsection (b) of this Section is guilty of a Class A 11 misdemeanor. 12 (d) This Section does not prohibit any lawfully 13 authorized investigative, protective, law enforcement or 14 other activity of any agency of the United States, State of 15 Illinois or any other state or political subdivision thereof. 16 (e) The Secretary of State may request the Attorney 17 General to seek a restraining order in the circuit court 18 against any person who violates paragraph 10 of subsection 19 (b) of this Section by advertising fraudulent identification 20 cards. 21 (Source: P.A. 88-210; 89-283, eff. 1-1-96; revised 10-31-98.) 22 Section 13. The State Comptroller Act is amended by 23 changing Section 14 as follows: 24 (15 ILCS 405/14) (from Ch. 15, par. 214) 25 Sec. 14. Forms of documents. The Comptroller may 26 prescribe and require State agencies to use forms for all 27 documents required by law in the performance of his duties or 28 which he may reasonably require therefor. The Comptroller 29 may prescribe by rule the general nature of information to be 30 contained in contracts required to be filed with him under 31 Sections 11 and 15 of this Act. Any such rule shall be 32 adopted, amended or repealed as provided by the Illinois SB745 Enrolled -129- LRB9101253EGfg 1 Administrative Procedure Act. 2 The Comptroller may, when he deems it advisable for the 3 promotion of efficiency in State government, accept magnetic 4 tape vouchers, electronically submitted vouchers, and 5 computer output microfiche vouchers. The Comptroller shall 6 process such vouchers as provided in Section 9. These 7 vouchers shall be subject to conditions and requirements 8 established by the Comptroller. 9 Computer output microfiche vouchers shall be deemed 10 original records under the Comptroller's Records Act. 11 (Source: P.A. 89-360, eff. 8-17-95; revised 10-31-98.) 12 Section 14. The Alcoholism and Other Drug Abuse and 13 Dependency Act is amended by changing Section 15-45 as 14 follows: 15 (20 ILCS 301/15-45) 16 Sec. 15-45. Notice. For the purposes of this Act, the 17 notice required under Section 10-2510of the Illinois 18 Administrative Procedure Act is deemed sufficient when mailed 19 to the last known address of a party. 20 (Source: P.A. 88-80; revised 10-31-98.) 21 Section 15. The Personnel Code is amended by changing 22 Sections 4c and 8c as follows: 23 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) 24 Sec. 4c. General exemptions. The following positions in 25 State service shall be exempt from jurisdictions A, B, and C, 26 unless the jurisdictions shall be extended as provided in 27 this Act: 28 (1) All officers elected by the people. 29 (2) All positions under the Lieutenant Governor, 30 Secretary of State, State Treasurer, State Comptroller, SB745 Enrolled -130- LRB9101253EGfg 1 State Board of Education, Clerk of the Supreme Court, and 2 Attorney General. 3 (3) Judges, and officers and employees of the 4 courts, and notaries public. 5 (4) All officers and employees of the Illinois 6 General Assembly, all employees of legislative 7 commissions, all officers and employees of the Illinois 8 Legislative Reference Bureau, the Legislative Research 9 Unit, and the Legislative Printing Unit. 10 (5) All positions in the Illinois National Guard 11 and Illinois State Guard, paid from federal funds or 12 positions in the State Military Service filled by 13 enlistment and paid from State funds. 14 (6) All employees of the Governor at the executive 15 mansion and on his immediate personal staff. 16 (7) Directors of Departments, the Adjutant General, 17 the Assistant Adjutant General, the Director of the 18 Illinois Emergency Management Agency, members of boards 19 and commissions, and all other positions appointed by 20 the Governor by and with the consent of the Senate. 21 (8) The presidents, other principal administrative 22 officers, and teaching, research and extension faculties 23 of Chicago State University, Eastern Illinois University, 24 Governors State University, Illinois State University, 25 Northeastern Illinois University, Northern Illinois 26 University, Western Illinois University, the Illinois 27 Community College Board, Southern Illinois University, 28 Illinois Board of Higher Education, University of 29 Illinois, State Universities Civil Service System, 30 University Retirement System of Illinois, and the 31 administrative officers and scientific and technical 32 staff of the Illinois State Museum. 33 (9) All other employees except the presidents, 34 other principal administrative officers, and teaching, SB745 Enrolled -131- LRB9101253EGfg 1 research and extension faculties of the universities 2 under the jurisdiction of the Board of Regents and the 3 colleges and universities under the jurisdiction of the 4 Board of Governors of State Colleges and Universities, 5 Illinois Community College Board, Southern Illinois 6 University, Illinois Board of Higher Education, Board of 7 Governors of State Colleges and Universities, the Board 8 of Regents, University of Illinois, State Universities 9 Civil Service System, University Retirement System of 10 Illinois, so long as these are subject to the provisions 11 of the State Universities Civil Service Act. 12 (10) The State Police so long as they are subject 13 to the merit provisions of the State Police Act. 14 (11) The scientific staff of the State Scientific 15 Surveys and the Waste Management and Research Center. 16 (12) The technical and engineering staffs of the 17 Department of Transportation, the Department of Nuclear 18 Safety and the Illinois Commerce Commission, and the 19 technical and engineering staff providing architectural 20 and engineering services in the Department of Central 21 Management Services. 22 (13) All employees of the Illinois State Toll 23 Highway AuthorityCommission. 24 (14) The Secretary of the Industrial Commission. 25 (15) All persons who are appointed or employed by 26 the Director of Insurance under authority of Section 202 27 of the Illinois Insurance Code to assist the Director of 28 Insurance in discharging his responsibilities relating to 29 the rehabilitation, liquidation, conservation, and 30 dissolution of companies that are subject to the 31 jurisdiction of the Illinois Insurance Code. 32 (16) All employees of the St. Louis Metropolitan 33 Area Airport Authority. 34 (17) All investment officers employed by the SB745 Enrolled -132- LRB9101253EGfg 1 Illinois State Board of Investment. 2 (18) Employees of the Illinois Young Adult 3 Conservation Corps program, administered by the Illinois 4 Department of Natural Resources, authorized grantee under 5 Title VIII of the Comprehensive Employment and Training 6 Act of 1973, 29 USC 993. 7 (19) Seasonal employees of the Department of 8 Agriculture for the operation of the Illinois State Fair 9 and the DuQuoin State Fair, no one person receiving more 10 than 29 days of such employment in any calendar year. 11 (20) All "temporary" employees hired under the 12 Department of Natural Resources' Illinois Conservation 13 Service, a youth employment program that hires young 14 people to work in State parks for a period of one year or 15 less. 16 (21) All hearing officers of the Human Rights 17 Commission. 18 (22) All employees of the Illinois Mathematics and 19 Science Academy. 20 (23) All employees of the Kankakee River Valley 21 Area Airport Authority. 22 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490, 23 eff. 8-17-97; revised 10-31-98.) 24 (20 ILCS 415/8c) (from Ch. 127, par. 63b108c) 25 Sec. 8c. Jurisdiction C; conditions of employment. For 26 positions in the State service subject to the jurisdiction of 27 the Department of Central Management Services with respect to 28 conditions of employment: 29 (1) For establishment of a plan for resolving employee 30 grievances and complaints, excluding compulsory arbitration. 31 (2) For hours of work, holidays, and attendance 32 regulation in the various classes of positions in the State 33 service; for annual, sick and special leaves of absence, with SB745 Enrolled -133- LRB9101253EGfg 1 or without pay or with reduced pay; for compensatory time off 2 for overtime or for pay for overtime, and for the rate at 3 which compensatory time off is to be allowed or for the rate 4 which is to be paid for overtime. If the services of an 5 employee in the State service are terminated by reason of his 6 retirement, disability or death, he, or his estate, as the 7 case may be, shall be paid a lump sum, for the number of days 8 for leave for personal business which the employee had 9 accumulated but not used as of the date his services were 10 terminated, in an amount equal to 1/2 of his pay per working 11 day times the number of such leave days so accumulated and 12 not used. 13 (3) For the development and operation of programs to 14 improve the work effectiveness and morale of employees in the 15 State service, including training, safety, health, welfare, 16 counseling, recreation, employee relations, a suggestion 17 system, and others. 18 Employees whose tuition and fees are paid by the State, 19 either directly or by reimbursement, shall incur a work 20 commitment to the State. Employees whose State paid training 21 has not led to a postsecondary degree shall be obligated to 22 continue in the employ of the State, but not necessarily in 23 the same agency, for a period of at least 18 months following 24 completion of the most recent course. Employees whose State 25 paid training has led to a postsecondary degree and whose 26 State payments have paid for 50% or more of the required 27 credit hours shall be obligated to continue in the employ of 28 the State, but not necessarily in the same agency, for a 29 minimum of 4 years after receiving the degree. 30 If the employee does not fulfill this work commitment by 31 voluntarily leaving State employment, the State may recover 32 payments in a civil action and may also recover interest at 33 the rate of 1% per month from the time the State makes 34 payment until the time the State recovers the payment. The SB745 Enrolled -134- LRB9101253EGfg 1 amount the State may recover under this subsection (3) shall 2 be reduced by 25% of the gross amount paid by the State for 3 each year the employee is employed by the State after the 4 employee receives a postsecondary degree, and 1/18th of the 5 gross amount paid by the State for each month the employee is 6 employed by the State after the employee completes the most 7 recent course which has not led to a postsecondary degree. 8 The State shall not recover payments for course work or a 9 training program that was (a) started before the effective 10 date of this Act; (b) completed as a requirement for a 11 grammar school certificate or a high school diploma, to 12 prepare for a high school level General Educational 13 Development Test or to improve literacy or numeracy; (c) 14 specialized training in the form of a conference, seminar, 15 workshop or similar arrangement offered by public or private 16 organizations; (d) provided as part of the Upward Mobility 17 Program administered by the Department of Central Management 18 Services; or (e) a condition of continued employment. 19 Department of State Police employees who are enrolled in 20 an official training program that lasts longer than one year 21 shall incur a work commitment to the State. The work 22 commitment shall be 2 months for each month of completed 23 training. If the employee fails to fulfill this work 24 commitment by voluntarily leaving State employment, the State 25 may recover wages in a civil action and may also recover 26 interest at the rate of 1% per month from the time the State 27 makes payment until the time the State recovers the payment. 28 The amount the State may recover under this subsection (3) 29 shall be reduced by the number of months served after the 30 training is completed times the monthly salary at the time of 31 separation. 32 The Department of Central Management Services shall 33 promulgate rules governing recovery activities to be used by 34 all State agencies paying, whether directly or by SB745 Enrolled -135- LRB9101253EGfg 1 reimbursement, for employee tuition and fees. Each such 2 agency shall make necessary efforts, including pursuing 3 appropriate legal action, to recover the actual 4 reimbursements and applicable interest due the State under 5 this subsection (3). 6 (4) For the establishment of a sick pay plan in 7 accordance with Section 36 of the State Finance Act. 8 (5) For the establishment of a family responsibility 9 leave plan under which an employee in the State service may 10 request and receive a leave of absence for up to one year 11 without penalty whenever such leave is requested to enable 12 the employee to meet a bona fide family responsibility of 13 such employee. The procedure for determining and documenting 14 the existence of a bona fide family responsibility shall be 15 as provided by rule, but without limiting the circumstances 16 which shall constitute a bona fide family responsibility 17 under the rules, such circumstances shall include leave 18 incident to the birth of the employee's child and the 19 responsibility thereafter to provide proper care to that 20 child or to a newborn child adopted by the employee, the 21 responsibility to provide regular care to a disabled, 22 incapacitated or bedridden resident of the employee's 23 household or member of the employee's family, and the 24 responsibility to furnish special guidance, care and 25 supervision to a resident of the employee's household or 26 member of the employee's family in need thereof under 27 circumstances temporarily inconsistent with uninterrupted 28 employment in State service. The family responsibility leave 29 plan so established shall provide that any such leave shall 30 be without pay, that the seniority of the employee on such 31 leave shall not be reduced during the period of the leave, 32 that such leave shall not under any circumstance or for any 33 purpose be deemed to cause a break in such employee's State 34 service, that during the period of such leave any coverage of SB745 Enrolled -136- LRB9101253EGfg 1 the employee or the employee's dependents which existed at 2 the commencement of the leave under any group health, 3 hospital, medical and life insurance plan provided through 4 the State shall continue so long as the employee pays to the 5 State when due the full premium incident to such coverage, 6 and that upon expiration of the leave the employee shall be 7 returned to the same position and classification which such 8 employee held at the commencement of the leave. The Director 9 of Central Management Services shall prepare proposed rules 10 consistent with this paragraph within 45 days after the 11 effective date of this amendatory Act of 1983, shall promptly 12 thereafter cause a public hearing thereon to be held as 13 provided in Section 8 and shall within 120 days after the 14 effective date of this amendatory Act of 1983 cause such 15 proposed rules to be submitted to the Civil Service 16 Commission as provided in Section 8. 17 (6) For the development and operation of a plan for 18 alternative employment for any employee who is able to 19 perform alternative employment after a work related or 20 non-work related disability essentially precludes that 21 employee from performing his or her currently assigned 22 duties. Such a plan shall be voluntary for any employee and 23 nonparticipation shall not be grounds for denial of any 24 benefit to which the employee would otherwise be eligible. 25 Any plan seeking to cover positions for which there is a 26 recognized bargaining agent shall be subject to collective 27 bargaining between the parties. 28 (7) For the development and operation of an Executive 29 Development Program to provide scholarships for the receipt 30 of academic degrees or senior executive training beyond the 31 Bachelor's degree level for as many as 25 employees at any 32 given time: 33 (i) each of whom is nominated for such scholarship 34 by the head of the employee's agency and approved by the SB745 Enrolled -137- LRB9101253EGfg 1 Director; 2 (ii) who are subject to Term Appointment under 3 Section 8b.188b18or who would be subject to such Term 4 Appointment but for Federal funding or who are exempt 5 from Jurisdiction B under subsections (2), (3) or (6) of 6 Section 4d of this Act: 7 (iii) who meet the admission standards established 8 by the institution awarding the advanced degree or 9 conducting the training; 10 (iv) each of whom agrees, as a condition of 11 accepting such scholarship, that the State may recover 12 the scholarship by garnishment, lien or other appropriate 13 legal action if the employee fails to continue in the 14 employ of the State, but not necessarily in the same 15 agency, for a minimum of 4 years following receipt of an 16 advanced degree or training and that the State may charge 17 interest from the time of payment until the time of 18 recovery of such scholarship of no less than 1% per month 19 or 12% per annum on all funds recovered by the State. 20 The amount the State may recover under this Section will 21 be reduced by 25% of the gross amount paid by the State 22 for each year of employment following receipt of the 23 advanced degree or training. 24 The Director shall in approving eligible employees for 25 the Executive Development Program make every attempt to 26 guarantee that at least 1/3 of the employees appointed to the 27 program reflect the ratio of sex, race, and ethnicity of 28 eligible employees. 29 Such scholarships shall not exceed the amount established 30 for tuition and fees for the applicable advanced degree or 31 training at State universities in Illinois whether the 32 employee enrolls at any Illinois public or private 33 institution, and shall not include any textbooks or equipment 34 such as personal computers. SB745 Enrolled -138- LRB9101253EGfg 1 The Department of Central Management Services shall make 2 necessary efforts, including appropriate legal action, to 3 recover scholarships and interest thereupon due subject to 4 recovery by the State under Subparagraph (iv) of this 5 Subsection (7). 6 (Source: P.A. 86-1004; 87-279; 87-888; revised 10-31-98.) 7 Section 16. The Children and Family Services Act is 8 amended by changing Sections 5 and 9.8 as follows: 9 (20 ILCS 505/5) (from Ch. 23, par. 5005) 10 Sec. 5. Direct child welfare services; Department of 11 Children and Family Services. To provide direct child 12 welfare services when not available through other public or 13 private child care or program facilities. 14 (a) For purposes of this Section: 15 (1) "Children" means persons found within the State 16 who are under the age of 18 years. The term also 17 includes persons under age 19 who: 18 (A) were committed to the Department pursuant 19 to the Juvenile Court Act or the Juvenile Court Act 20 of 1987, as amended, prior to the age of 18 and who 21 continue under the jurisdiction of the court; or 22 (B) were accepted for care, service and 23 training by the Department prior to the age of 18 24 and whose best interest in the discretion of the 25 Department would be served by continuing that care, 26 service and training because of severe emotional 27 disturbances, physical disability, social adjustment 28 or any combination thereof, or because of the need 29 to complete an educational or vocational training 30 program. 31 (2) "Homeless youth" means persons found within the 32 State who are under the age of 19, are not in a safe and SB745 Enrolled -139- LRB9101253EGfg 1 stable living situation and cannot be reunited with their 2 families. 3 (3) "Child welfare services" means public social 4 services which are directed toward the accomplishment of 5 the following purposes: 6 (A) protecting and promoting the health, 7 safety and welfare of children, including homeless, 8 dependent or neglected children; 9 (B) remedying, or assisting in the solution of 10 problems which may result in, the neglect, abuse, 11 exploitation or delinquency of children; 12 (C) preventing the unnecessary separation of 13 children from their families by identifying family 14 problems, assisting families in resolving their 15 problems, and preventing the breakup of the family 16 where the prevention of child removal is desirable 17 and possible when the child can be cared for at home 18 without endangering the child's health and safety; 19 (D) restoring to their families children who 20 have been removed, by the provision of services to 21 the child and the families when the child can be 22 cared for at home without endangering the child's 23 health and safety; 24 (E) placing children in suitable adoptive 25 homes, in cases where restoration to the biological 26 family is not safe, possible or appropriate; 27 (F) assuring safe and adequate care of 28 children away from their homes, in cases where the 29 child cannot be returned home or cannot be placed 30 for adoption. At the time of placement, the 31 Department shall consider concurrent planning, as 32 described in subsection (l-1) of this Section so 33 that permanency may occur at the earliest 34 opportunity. Consideration should be given so that SB745 Enrolled -140- LRB9101253EGfg 1 if reunification fails or is delayed, the placement 2 made is the best available placement to provide 3 permanency for the child; 4 (G) (blank); 5 (H) (blank); and 6 (I) placing and maintaining children in 7 facilities that provide separate living quarters for 8 children under the age of 18 and for children 18 9 years of age and older, unless a child 18 years of 10 age is in the last year of high school education or 11 vocational training, in an approved individual or 12 group treatment program, in a licensed shelter 13 facility, or secure child care facility. The 14 Department is not required to place or maintain 15 children: 16 (i) who are in a foster home, or 17 (ii) who are persons with a developmental 18 disability, as defined in the Mental Health and 19 Developmental Disabilities Code, or 20 (iii) who are female children who are 21 pregnant, pregnant and parenting or parenting, 22 or 23 (iv) who are siblings, 24 in facilities that provide separate living quarters 25 for children 18 years of age and older and for 26 children under 18 years of age. 27 (b) Nothing in this Section shall be construed to 28 authorize the expenditure of public funds for the purpose of 29 performing abortions. 30 (c) The Department shall establish and maintain 31 tax-supported child welfare services and extend and seek to 32 improve voluntary services throughout the State, to the end 33 that services and care shall be available on an equal basis 34 throughout the State to children requiring such services. SB745 Enrolled -141- LRB9101253EGfg 1 (d) The Director may authorize advance disbursements for 2 any new program initiative to any agency contracting with the 3 Department. As a prerequisite for an advance disbursement, 4 the contractor must post a surety bond in the amount of the 5 advance disbursement and have a purchase of service contract 6 approved by the Department. The Department may pay up to 2 7 months operational expenses in advance. The amount of the 8 advance disbursement shall be prorated over the life of the 9 contract or the remaining months of the fiscal year, 10 whichever is less, and the installment amount shall then be 11 deducted from future bills. Advance disbursement 12 authorizations for new initiatives shall not be made to any 13 agency after that agency has operated during 2 consecutive 14 fiscal years. The requirements of this Section concerning 15 advance disbursements shall not apply with respect to the 16 following: payments to local public agencies for child day 17 care services as authorized by Section 5a of this Act; and 18 youth service programs receiving grant funds under Section 19 17a-4. 20 (e) (Blank). 21 (f) (Blank). 22 (g) The Department shall establish rules and regulations 23 concerning its operation of programs designed to meet the 24 goals of child safety and protection, family preservation, 25 family reunification, and adoption, including but not limited 26 to: 27 (1) adoption; 28 (2) foster care; 29 (3) family counseling; 30 (4) protective services; 31 (5) (blank); 32 (6) homemaker service; 33 (7) return of runaway children; 34 (8) (blank); SB745 Enrolled -142- LRB9101253EGfg 1 (9) placement under Section 5-7 of the Juvenile 2 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the 3 Juvenile Court Act of 1987 in accordance with the federal 4 Adoption Assistance and Child Welfare Act of 1980; and 5 (10) interstate services. 6 Rules and regulations established by the Department shall 7 include provisions for training Department staff and the 8 staff of Department grantees, through contracts with other 9 agencies or resources, in alcohol and drug abuse screening 10 techniques approved by the Department of Human Services, as a 11 successor to the Department of Alcoholism and Substance 12 Abuse, for the purpose of identifying children and adults who 13 should be referred to an alcohol and drug abuse treatment 14 program for professional evaluation. 15 (h) If the Department finds that there is no appropriate 16 program or facility within or available to the Department for 17 a ward and that no licensed private facility has an adequate 18 and appropriate program or none agrees to accept the ward, 19 the Department shall create an appropriate individualized, 20 program-oriented plan for such ward. The plan may be 21 developed within the Department or through purchase of 22 services by the Department to the extent that it is within 23 its statutory authority to do. 24 (i) Service programs shall be available throughout the 25 State and shall include but not be limited to the following 26 services: 27 (1) case management; 28 (2) homemakers; 29 (3) counseling; 30 (4) parent education; 31 (5) day care; and 32 (6) emergency assistance and advocacy. 33 In addition, the following services may be made available 34 to assess and meet the needs of children and families: SB745 Enrolled -143- LRB9101253EGfg 1 (1) comprehensive family-based services; 2 (2) assessments; 3 (3) respite care; and 4 (4) in-home health services. 5 The Department shall provide transportation for any of 6 the services it makes available to children or families or 7 for which it refers children or families. 8 (j) The Department may provide categories of financial 9 assistance and education assistance grants, and shall 10 establish rules and regulations concerning the assistance and 11 grants, to persons who adopt physically or mentally 12 handicapped, older and other hard-to-place children who (i) 13 immediately prior to their adoption were legal wards of the 14 Department or (ii) were determined eligible for financial 15 assistance with respect to a prior adoption and who become 16 available for adoption because the prior adoption has been 17 dissolved and the parental rights of the adoptive parents 18 have been terminated or because the child's adoptive parents 19 have died. The Department may also provide categories of 20 financial assistance and education assistance grants, and 21 shall establish rules and regulations for the assistance and 22 grants, to persons appointed guardian of the person under 23 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 24 4-25 or 5-740 of the Juvenile Court Act of 1987 for children 25 who were wards of the Department for 12 months immediately 26 prior to the appointment of the guardian. 27 The amount of assistance may vary, depending upon the 28 needs of the child and the adoptive parents, as set forth in 29 the annual assistance agreement. Special purpose grants are 30 allowed where the child requires special service but such 31 costs may not exceed the amounts which similar services would 32 cost the Department if it were to provide or secure them as 33 guardian of the child. 34 Any financial assistance provided under this subsection SB745 Enrolled -144- LRB9101253EGfg 1 is inalienable by assignment, sale, execution, attachment, 2 garnishment, or any other remedy for recovery or collection 3 of a judgment or debt. 4 (j-5) The Department shall not deny or delay the 5 placement of a child for adoption if an approved family is 6 available either outside of the Department region handling 7 the case, or outside of the State of Illinois. 8 (k) The Department shall accept for care and training 9 any child who has been adjudicated neglected or abused, or 10 dependent committed to it pursuant to the Juvenile Court Act 11 or the Juvenile Court Act of 1987. 12 (l) Before July 1, 2000, the Department may provide, and 13 beginning July 1, 2000, the Department shall offer family 14 preservation services, as defined in Section 8.2 of the 15 Abused and Neglected Child Reporting Act, to help families, 16 including adoptive and extended families. Family preservation 17 services shall be offered (i) to prevent the placement of 18 children in substitute care when the children can be cared 19 for at home or in the custody of the person responsible for 20 the children's welfare, (ii) to reunite children with their 21 families, or (iii) to maintain an adoptive placement. Family 22 preservation services shall only be offered when doing so 23 will not endanger the children's health or safety. With 24 respect to children who are in substitute care pursuant to 25 the Juvenile Court Act of 1987, family preservation services 26 shall not be offered if a goal other than those of 27 subdivisions (A), (B), or (B-1) of subsection (2) of Section 28 2-28 of that Act has been set. Nothing in this paragraph 29 shall be construed to create a private right of action or 30 claim on the part of any individual or child welfare agency. 31 The Department shall notify the child and his family of 32 the Department's responsibility to offer and provide family 33 preservation services as identified in the service plan. The 34 child and his family shall be eligible for services as soon SB745 Enrolled -145- LRB9101253EGfg 1 as the report is determined to be "indicated". The 2 Department may offer services to any child or family with 3 respect to whom a report of suspected child abuse or neglect 4 has been filed, prior to concluding its investigation under 5 Section 7.12 of the Abused and Neglected Child Reporting Act. 6 However, the child's or family's willingness to accept 7 services shall not be considered in the investigation. The 8 Department may also provide services to any child or family 9 who is the subject of any report of suspected child abuse or 10 neglect or may refer such child or family to services 11 available from other agencies in the community, even if the 12 report is determined to be unfounded, if the conditions in 13 the child's or family's home are reasonably likely to subject 14 the child or family to future reports of suspected child 15 abuse or neglect. Acceptance of such services shall be 16 voluntary. 17 The Department may, at its discretion except for those 18 children also adjudicated neglected or dependent, accept for 19 care and training any child who has been adjudicated 20 addicted, as a truant minor in need of supervision or as a 21 minor requiring authoritative intervention, under the 22 Juvenile Court Act or the Juvenile Court Act of 1987, but no 23 such child shall be committed to the Department by any court 24 without the approval of the Department. A minor charged with 25 a criminal offense under the Criminal Code of 1961 or 26 adjudicated delinquent shall not be placed in the custody of 27 or committed to the Department by any court, except a minor 28 less than 13 years of age committed to the Department under 29 Section 5-710 of the Juvenile Court Act of 1987. 30 (l-1) The legislature recognizes that the best interests 31 of the child require that the child be placed in the most 32 permanent living arrangement as soon as is practically 33 possible. To achieve this goal, the legislature directs the 34 Department of Children and Family Services to conduct SB745 Enrolled -146- LRB9101253EGfg 1 concurrent planning so that permanency may occur at the 2 earliest opportunity. Permanent living arrangements may 3 include prevention of placement of a child outside the home 4 of the family when the child can be cared for at home without 5 endangering the child's health or safety; reunification with 6 the family, when safe and appropriate, if temporary placement 7 is necessary; or movement of the child toward the most 8 permanent living arrangement and permanent legal status. 9 When determining reasonable efforts to be made with 10 respect to a child, as described in this subsection, and in 11 making such reasonable efforts, the child's health and safety 12 shall be the paramount concern. 13 When a child is placed in foster care, the Department 14 shall ensure and document that reasonable efforts were made 15 to prevent or eliminate the need to remove the child from the 16 child's home. The Department must make reasonable efforts to 17 reunify the family when temporary placement of the child 18 occurs unless otherwise required, pursuant to the Juvenile 19 Court Act of 1987. At any time after the dispositional 20 hearing where the Department believes that further 21 reunification services would be ineffective, it may request a 22 finding from the court that reasonable efforts are no longer 23 appropriate. The Department is not required to provide 24 further reunification services after such a finding. 25 A decision to place a child in substitute care shall be 26 made with considerations of the child's health, safety, and 27 best interests. At the time of placement, consideration 28 should also be given so that if reunification fails or is 29 delayed, the placement made is the best available placement 30 to provide permanency for the child. 31 The Department shall adopt rules addressing concurrent 32 planning for reunification and permanency. The Department 33 shall consider the following factors when determining 34 appropriateness of concurrent planning: SB745 Enrolled -147- LRB9101253EGfg 1 (1) the likelihood of prompt reunification; 2 (2) the past history of the family; 3 (3) the barriers to reunification being addressed 4 by the family; 5 (4) the level of cooperation of the family; 6 (5) the foster parents' willingness to work with 7 the family to reunite; 8 (6) the willingness and ability of the foster 9 family to provide an adoptive home or long-term 10 placement; 11 (7) the age of the child; 12 (8) placement of siblings. 13 (m) The Department may assume temporary custody of any 14 child if: 15 (1) it has received a written consent to such 16 temporary custody signed by the parents of the child or 17 by the parent having custody of the child if the parents 18 are not living together or by the guardian or custodian 19 of the child if the child is not in the custody of either 20 parent, or 21 (2) the child is found in the State and neither a 22 parent, guardian nor custodian of the child can be 23 located. 24 If the child is found in his or her residence without a 25 parent, guardian, custodian or responsible caretaker, the 26 Department may, instead of removing the child and assuming 27 temporary custody, place an authorized representative of the 28 Department in that residence until such time as a parent, 29 guardian or custodian enters the home and expresses a 30 willingness and apparent ability to ensure the child's health 31 and safety and resume permanent charge of the child, or until 32 a relative enters the home and is willing and able to ensure 33 the child's health and safety and assume charge of the child 34 until a parent, guardian or custodian enters the home and SB745 Enrolled -148- LRB9101253EGfg 1 expresses such willingness and ability to ensure the child's 2 safety and resume permanent charge. After a caretaker has 3 remained in the home for a period not to exceed 12 hours, the 4 Department must follow those procedures outlined in Section 5 2-9, 3-11, 4-8, or 5-4155-501of the Juvenile Court Act of 6 1987. 7 The Department shall have the authority, responsibilities 8 and duties that a legal custodian of the child would have 9 pursuant to subsection (9) of Section 1-3 of the Juvenile 10 Court Act of 1987. Whenever a child is taken into temporary 11 custody pursuant to an investigation under the Abused and 12 Neglected Child Reporting Act, or pursuant to a referral and 13 acceptance under the Juvenile Court Act of 1987 of a minor in 14 limited custody, the Department, during the period of 15 temporary custody and before the child is brought before a 16 judicial officer as required by Section 2-9, 3-11, 4-8, or 17 5-4155-501of the Juvenile Court Act of 1987, shall have the 18 authority, responsibilities and duties that a legal custodian 19 of the child would have under subsection (9) of Section 1-3 20 of the Juvenile Court Act of 1987. 21 The Department shall ensure that any child taken into 22 custody is scheduled for an appointment for a medical 23 examination. 24 A parent, guardian or custodian of a child in the 25 temporary custody of the Department who would have custody of 26 the child if he were not in the temporary custody of the 27 Department may deliver to the Department a signed request 28 that the Department surrender the temporary custody of the 29 child. The Department may retain temporary custody of the 30 child for 10 days after the receipt of the request, during 31 which period the Department may cause to be filed a petition 32 pursuant to the Juvenile Court Act of 1987. If a petition is 33 so filed, the Department shall retain temporary custody of 34 the child until the court orders otherwise. If a petition is SB745 Enrolled -149- LRB9101253EGfg 1 not filed within the 10 day period, the child shall be 2 surrendered to the custody of the requesting parent, guardian 3 or custodian not later than the expiration of the 10 day 4 period, at which time the authority and duties of the 5 Department with respect to the temporary custody of the child 6 shall terminate. 7 (m-1) The Department may place children under 18 years 8 of age in a secure child care facility licensed by the 9 Department that cares for children who are in need of secure 10 living arrangements for their health, safety, and well-being 11 after a determination is made by the facility director and 12 the Director or the Director's designate prior to admission 13 to the facility subject to Section 2-27.1 of the Juvenile 14 Court Act of 1987. This subsection (m-1) does not apply to a 15 child who is subject to placement in a correctional facility 16 operated pursuant to Section 3-15-2 of the Unified Code of 17 Corrections. 18 (n) The Department may place children under 18 years of 19 age in licensed child care facilities when in the opinion of 20 the Department, appropriate services aimed at family 21 preservation have been unsuccessful and cannot ensure the 22 child's health and safety or are unavailable and such 23 placement would be for their best interest. Payment for 24 board, clothing, care, training and supervision of any child 25 placed in a licensed child care facility may be made by the 26 Department, by the parents or guardians of the estates of 27 those children, or by both the Department and the parents or 28 guardians, except that no payments shall be made by the 29 Department for any child placed in a licensed child care 30 facility for board, clothing, care, training and supervision 31 of such a child that exceed the average per capita cost of 32 maintaining and of caring for a child in institutions for 33 dependent or neglected children operated by the Department. 34 However, such restriction on payments does not apply in cases SB745 Enrolled -150- LRB9101253EGfg 1 where children require specialized care and treatment for 2 problems of severe emotional disturbance, physical 3 disability, social adjustment, or any combination thereof and 4 suitable facilities for the placement of such children are 5 not available at payment rates within the limitations set 6 forth in this Section. All reimbursements for services 7 delivered shall be absolutely inalienable by assignment, 8 sale, attachment, garnishment or otherwise. 9 (o) The Department shall establish an administrative 10 review and appeal process for children and families who 11 request or receive child welfare services from the 12 Department. Children who are wards of the Department and are 13 placed by private child welfare agencies, and foster families 14 with whom those children are placed, shall be afforded the 15 same procedural and appeal rights as children and families in 16 the case of placement by the Department, including the right 17 to an initial review of a private agency decision by that 18 agency. The Department shall insure that any private child 19 welfare agency, which accepts wards of the Department for 20 placement, affords those rights to children and foster 21 families. The Department shall accept for administrative 22 review and an appeal hearing a complaint made by (i) a child 23 or foster family concerning a decision following an initial 24 review by a private child welfare agency or (ii) a 25 prospective adoptive parent who alleges a violation of 26 subsection (j-5) of this Section. An appeal of a decision 27 concerning a change in the placement of a child shall be 28 conducted in an expedited manner. 29 (p) There is hereby created the Department of Children 30 and Family Services Emergency Assistance Fund from which the 31 Department may provide special financial assistance to 32 families which are in economic crisis when such assistance is 33 not available through other public or private sources and the 34 assistance is deemed necessary to prevent dissolution of the SB745 Enrolled -151- LRB9101253EGfg 1 family unit or to reunite families which have been separated 2 due to child abuse and neglect. The Department shall 3 establish administrative rules specifying the criteria for 4 determining eligibility for and the amount and nature of 5 assistance to be provided. The Department may also enter 6 into written agreements with private and public social 7 service agencies to provide emergency financial services to 8 families referred by the Department. Special financial 9 assistance payments shall be available to a family no more 10 than once during each fiscal year and the total payments to a 11 family may not exceed $500 during a fiscal year. 12 (q) The Department may receive and use, in their 13 entirety, for the benefit of children any gift, donation or 14 bequest of money or other property which is received on 15 behalf of such children, or any financial benefits to which 16 such children are or may become entitled while under the 17 jurisdiction or care of the Department. 18 The Department shall set up and administer no-cost, 19 interest-bearing savings accounts in appropriate financial 20 institutions ("individual accounts") for children for whom 21 the Department is legally responsible and who have been 22 determined eligible for Veterans' Benefits, Social Security 23 benefits, assistance allotments from the armed forces, court 24 ordered payments, parental voluntary payments, Supplemental 25 Security Income, Railroad Retirement payments, Black Lung 26 benefits, or other miscellaneous payments. Interest earned 27 by each individual account shall be credited to the account, 28 unless disbursed in accordance with this subsection. 29 In disbursing funds from children's individual accounts, 30 the Department shall: 31 (1) Establish standards in accordance with State 32 and federal laws for disbursing money from children's 33 individual accounts. In all circumstances, the 34 Department's "Guardianship Administrator" or his or her SB745 Enrolled -152- LRB9101253EGfg 1 designee must approve disbursements from children's 2 individual accounts. The Department shall be responsible 3 for keeping complete records of all disbursements for 4 each individual account for any purpose. 5 (2) Calculate on a monthly basis the amounts paid 6 from State funds for the child's board and care, medical 7 care not covered under Medicaid, and social services; and 8 utilize funds from the child's individual account, as 9 covered by regulation, to reimburse those costs. 10 Monthly, disbursements from all children's individual 11 accounts, up to 1/12 of $13,000,000, shall be deposited 12 by the Department into the General Revenue Fund and the 13 balance over 1/12 of $13,000,000 into the DCFS Children's 14 Services Fund. 15 (3) Maintain any balance remaining after 16 reimbursing for the child's costs of care, as specified 17 in item (2). The balance shall accumulate in accordance 18 with relevant State and federal laws and shall be 19 disbursed to the child or his or her guardian, or to the 20 issuing agency. 21 (r) The Department shall promulgate regulations 22 encouraging all adoption agencies to voluntarily forward to 23 the Department or its agent names and addresses of all 24 persons who have applied for and have been approved for 25 adoption of a hard-to-place or handicapped child and the 26 names of such children who have not been placed for adoption. 27 A list of such names and addresses shall be maintained by the 28 Department or its agent, and coded lists which maintain the 29 confidentiality of the person seeking to adopt the child and 30 of the child shall be made available, without charge, to 31 every adoption agency in the State to assist the agencies in 32 placing such children for adoption. The Department may 33 delegate to an agent its duty to maintain and make available 34 such lists. The Department shall ensure that such agent SB745 Enrolled -153- LRB9101253EGfg 1 maintains the confidentiality of the person seeking to adopt 2 the child and of the child. 3 (s) The Department of Children and Family Services may 4 establish and implement a program to reimburse Department and 5 private child welfare agency foster parents licensed by the 6 Department of Children and Family Services for damages 7 sustained by the foster parents as a result of the malicious 8 or negligent acts of foster children, as well as providing 9 third party coverage for such foster parents with regard to 10 actions of foster children to other individuals. Such 11 coverage will be secondary to the foster parent liability 12 insurance policy, if applicable. The program shall be funded 13 through appropriations from the General Revenue Fund, 14 specifically designated for such purposes. 15 (t) The Department shall perform home studies and 16 investigations and shall exercise supervision over visitation 17 as ordered by a court pursuant to the Illinois Marriage and 18 Dissolution of Marriage Act or the Adoption Act only if: 19 (1) an order entered by an Illinois court 20 specifically directs the Department to perform such 21 services; and 22 (2) the court has ordered one or both of the 23 parties to the proceeding to reimburse the Department for 24 its reasonable costs for providing such services in 25 accordance with Department rules, or has determined that 26 neither party is financially able to pay. 27 The Department shall provide written notification to the 28 court of the specific arrangements for supervised visitation 29 and projected monthly costs within 60 days of the court 30 order. The Department shall send to the court information 31 related to the costs incurred except in cases where the court 32 has determined the parties are financially unable to pay. The 33 court may order additional periodic reports as appropriate. 34 (u) Whenever the Department places a child in a licensed SB745 Enrolled -154- LRB9101253EGfg 1 foster home, group home, child care institution, or in a 2 relative home, the Department shall provide to the caretaker: 3 (1) available detailed information concerning the 4 child's educational and health history, copies of 5 immunization records (including insurance and medical 6 card information), a history of the child's previous 7 placements, if any, and reasons for placement changes 8 excluding any information that identifies or reveals the 9 location of any previous caretaker; 10 (2) a copy of the child's portion of the client 11 service plan, including any visitation arrangement, and 12 all amendments or revisions to it as related to the 13 child; and 14 (3) information containing details of the child's 15 individualized educational plan when the child is 16 receiving special education services. 17 The caretaker shall be informed of any known social or 18 behavioral information (including, but not limited to, 19 criminal background, fire setting, perpetuation of sexual 20 abuse, destructive behavior, and substance abuse) necessary 21 to care for and safeguard the child. 22 (u-5) Effective July 1, 1995, only foster care 23 placements licensed as foster family homes pursuant to the 24 Child Care Act of 1969 shall be eligible to receive foster 25 care payments from the Department. Relative caregivers who, 26 as of July 1, 1995, were approved pursuant to approved 27 relative placement rules previously promulgated by the 28 Department at 89 Ill. Adm. Code 335 and had submitted an 29 application for licensure as a foster family home may 30 continue to receive foster care payments only until the 31 Department determines that they may be licensed as a foster 32 family home or that their application for licensure is denied 33 or until September 30, 1995, whichever occurs first. 34 (v) The Department shall access criminal history record SB745 Enrolled -155- LRB9101253EGfg 1 information as defined in the Illinois Uniform Conviction 2 Information Act and information maintained in the 3 adjudicatory and dispositional record system as defined in 4 subdivision (A)19 of Section 55a of the Civil Administrative 5 Code of Illinois if the Department determines the information 6 is necessary to perform its duties under the Abused and 7 Neglected Child Reporting Act, the Child Care Act of 1969, 8 and the Children and Family Services Act. The Department 9 shall provide for interactive computerized communication and 10 processing equipment that permits direct on-line 11 communication with the Department of State Police's central 12 criminal history data repository. The Department shall 13 comply with all certification requirements and provide 14 certified operators who have been trained by personnel from 15 the Department of State Police. In addition, one Office of 16 the Inspector General investigator shall have training in the 17 use of the criminal history information access system and 18 have access to the terminal. The Department of Children and 19 Family Services and its employees shall abide by rules and 20 regulations established by the Department of State Police 21 relating to the access and dissemination of this information. 22 (w) Within 120 days of August 20, 1995 (the effective 23 date of Public Act 89-392), the Department shall prepare and 24 submit to the Governor and the General Assembly, a written 25 plan for the development of in-state licensed secure child 26 care facilities that care for children who are in need of 27 secure living arrangements for their health, safety, and 28 well-being. For purposes of this subsection, secure care 29 facility shall mean a facility that is designed and operated 30 to ensure that all entrances and exits from the facility, a 31 building or a distinct part of the building, are under the 32 exclusive control of the staff of the facility, whether or 33 not the child has the freedom of movement within the 34 perimeter of the facility, building, or distinct part of the SB745 Enrolled -156- LRB9101253EGfg 1 building. The plan shall include descriptions of the types 2 of facilities that are needed in Illinois; the cost of 3 developing these secure care facilities; the estimated number 4 of placements; the potential cost savings resulting from the 5 movement of children currently out-of-state who are projected 6 to be returned to Illinois; the necessary geographic 7 distribution of these facilities in Illinois; and a proposed 8 timetable for development of such facilities. 9 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95; 10 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98; 11 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98; 12 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff. 13 7-30-98; revised 12-23-98.) 14 (20 ILCS 505/9.8) (from Ch. 23, par. 5009.8) 15 Sec. 9.8. Court Enforcement. The Department shall refer 16 to the State's Attorney, Attorney General, or to the proper 17 legal representative of the unit of government or private 18 agency, for judicial enforcement as herein provided, 19 instances of failure to make parental payments as required by 20 law. Action shall be brought in the circuit court to obtain 21 parental payments and the recovery of such payments may be 22 taken separately or they may be consolidated with actions to 23 obtain other child support. Such actions may be brought in 24 the name of the child receiving care and training, or may be 25 brought in the name of the Department or the unit of local 26 government, as the case requires, in behalf of such persons. 27 The court may enter orders for the payment of monies for 28 the care and training of the children as may be just and 29 equitable and may direct payment thereof for such period or 30 periods of time as the circumstances require. The order may 31 be entered against the parents or guardians and shall be 32 based upon the standard determined under Section 9.1 or an 33 amount determined by the court to reflect the ability to SB745 Enrolled -157- LRB9101253EGfg 1 contribute to the care and training of their children 2 provided by the Department. 3 When an order is entered for the parental payment for 4 care and training of the child, and the parent or guardian 5 willfully refuses to comply with its enforcement, the parent 6 or guardian may be declared in contempt of court and punished 7 therefortherefore. 8 (Source: P.A. 83-1037; revised 10-31-98.) 9 Section 17. The Civil Administrative Code of Illinois is 10 amended by changing Sections 46.6a, 46.19e, and 46.32a as 11 follows: 12 (20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a) 13 Sec. 46.6a. (1) To establish a grant program for local 14 tourism and convention bureaus. The Department will develop 15 and implement a program for the use of funds, as authorized 16 under this Act, by local tourism and convention bureaus. For 17 the purposes of this Act, bureaus eligible to receive funds 18 are defined as those bureaus in legal existence as of January 19 1, 1985, which are either a unit of local government or 20 incorporated as a not-for-profit organization, are affiliated 21 with one or more municipality or county, and employ one full 22 time staff person whose purpose is to promote tourism. Each 23 bureau receiving funds under this Act will be certified by 24 the Department as the designated recipient to serve an area 25 of the State. These funds may not be used in support of the 26 Chicago World'sWorldsFair. 27 (2) To distribute grants to local tourism and convention 28 bureaus from appropriations made from the Local Tourism Fund 29 for that purpose. Of the amounts appropriated annually to the 30 Department for expenditure under this Section, 1/3 of such 31 monies shall be used for grants to convention and tourism 32 bureaus in cities with a population greater than 500,000. The SB745 Enrolled -158- LRB9101253EGfg 1 remaining 2/3 of the annual appropriation shall be used for 2 grants to such bureaus in the remainder of the State, in 3 accordance with a formula based upon the population served. 4 The Department may reserve up to 10% of the total 5 appropriated to conduct audits of grants, to provide 6 incentive funds to those bureaus which will conduct 7 promotional activities designed to further the Department's 8 statewide advertising campaign, to fund special statewide 9 promotional activities, and to fund promotional activities 10 which support an increased use of the State's parks or 11 historic sites. 12 (Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.) 13 (20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e) 14 Sec. 46.19e. The Department shall have the following 15 duties and responsibilities in regard to this Act: 16 (a) to establish or cosponsor mentoring conferences, 17 utilizing experienced manufacturing exporters, to explain and 18 provide information to prospective export manufacturers and 19 businesses concerning the process of exporting to both 20 domestic and international opportunities; 21 (b) to provide technical assistance to prospective 22 export manufacturers and businesses seeking to establish 23 domestic and international export opportunities; 24 (c) to coordinate with the Department's Small Business 25 Development Centers to link buyers with prospective export 26 manufacturers and businesses; 27 (d) to promote, both domestically and abroad, products 28 made in Illinois and advise consumers and buyers of their 29 high quality standards and craftsmanship; 30 (e) to provide technical assistance toward establishment 31 of export trade corporations in the private sector; 32 (f) to develop an electronic data base to compile 33 information on international trade and investment activities SB745 Enrolled -159- LRB9101253EGfg 1 in Illinois companies, provide access to research and 2 business opportunities through external data bases, and 3 connect this data base through international communication 4 systems with appropriate domestic and worldwide networks 5 users; 6 (g) to collect and distribute to foreign commercial 7 libraries directories, catalogs, brochures, and other 8 information of value to foreign businesses considering doing 9 business in this State; 10 (h) to establish an export finance awareness program to 11 provide information to banking organizations about methods 12 used by banks to provide financing for businesses engaged in 13 exporting and about other State and federal programs to 14 promote and expedite export financing; and 15 (i) to undertake a survey of Illinois' businesses to 16 identify exportable products and the businesses interested in 17 exporting. 18 (Source: P.A. 85-975; revised 10-31-98.) 19 (20 ILCS 605/46.32a) (from Ch. 127, par. 46.32a) 20 Sec. 46.32a. (a) The Department shall promote 21 labor-management relations and provide assistance in the 22 development of local labor-management committees. 23 In the Department there shall be a Labor-Management 24 Cooperation Committee composed of 12 public members appointed 25 by the Governor with the advice and consent of the Senate. 26 Six members shall represent executive level management of 27 businesses that employ labor union members and 6 members 28 shall represent major labor union leadership. The Governor 29 shall designate 1 business representative and 1 labor 30 representative as cochairmen. Appointed members shall not be 31 represented at a meeting by another person. There shall be 6 32 ex officio nonvoting members: the Director of the Department, 33 who shall serve as Secretary, the Director of the Department SB745 Enrolled -160- LRB9101253EGfg 1 of Labor, the President of the Senate, the Minority Leader of 2 the Senate, the Speaker of the House of Representatives and 3 the Minority Leader of the House of Representatives. Each ex 4 officio member shall serve during the term of his or her 5 office. Ex officio members may be represented by duly 6 authorized substitutes. 7 In making the initial public member appointments to the 8 Committee, 3 of the business representatives and 3 of the 9 labor union representatives shall be appointed for terms 10 expiring July 1, 1987. The remaining public members shall be 11 appointed for terms expiring July 1, 1988. Thereafter, public 12 members of the Committee shall be appointed for terms of 2 13 years expiring on July 1, or until their successors are 14 appointed and qualified. The Governor may at any time, with 15 the advice and consent of the Senate, make appointments to 16 fill vacancies for the balance of an unexpired term. Public 17 members shall serve without compensation, but shall be 18 reimbursed by the Department for necessary expenses incurred 19 in the performance of their duties. The Department shall 20 provide staff assistance to the Committee. 21 The Committee shall have the following duties: 22 (1) to improve communications between labor and 23 management on significant economic problems facing the 24 State; 25 (2) to encourage and support the development of 26 local labor-management committees at the plant, industry 27 and area levels across the State; 28 (3) to assess the progress of area labor-management 29 committees that have been formed across the State and 30 provide input to the Director of the Department 31 concerning matching grants to area labor-management 32 committees or other grant programs established in this 33 Act; 34 (4) to convene a Statewide conference on SB745 Enrolled -161- LRB9101253EGfg 1 labor-management concerns at least once every 2 years; 2 (5) to issue a report on labor-management concerns 3 to the Governor and the General Assembly every 2 years 4 commencing in March of 1987. This report shall outline 5 the accomplishments of the Committee and specific 6 recommendations for improving Statewide labor-management 7 relations. 8 (b) The Director, with the advice of the 9 Labor-Management Cooperation Committee, shall have the 10 authority to provide matching grants, grants and other 11 resources to establish or assist area labor-management 12 committees and other projects which serve to enhance 13 labor-management relations. The Department shall have the 14 authority, with the advice of the Labor-Management 15 Cooperation Committee, to award grants or matching grants in 16 four areas: 17 (1) At least 60 percent of the annual appropriation 18 to the Department, for providing labor-management grants 19 and resources shall be awarded as matching grants to 20 existing local labor-management committees. To be 21 eligible for matching grants pursuant to this subsection, 22 local labor-management committees shall: 23 (i) Be a formal, not-for-profit organization 24 structured for continuing service with voluntary 25 membership; 26 (ii) Be composed of labor and management 27 representatives; 28 (iii) Service a distinct and identifiable 29 geographic region; 30 (iv) Be staffed by a professional chief 31 executive officer; 32 (v) Have been established with the Department 33 for at least two years; 34 (vi) Operate in compliance with rules set SB745 Enrolled -162- LRB9101253EGfg 1 forth by the Department with the advice of the 2 Labor-Management Cooperation Committee; and 3 (vii) Ensure that its efforts and activities 4 are coordinated with relevant agencies, including 5 but not limited to the following: 6 Department of Commerce and Community Affairs 7 Illinois Department of Labor 8 Economic development agencies 9 Corridor councils 10 Planning agencies 11 Colleges, universities and community colleges 12 U.S. Department of Labor 13 Statewide Job Training Partnership Act entities 14 . 15 Further, the purpose of the local labor-management 16 committees will include, but not be limited to: 17 (i) Enhancing the positive labor-management 18 relationship within the state, region, community 19 and/or work place; 20 (ii) Assisting in the retention, expansion and 21 attraction of businesses and jobs within the State 22 through special training programs, gathering and 23 dissemination of information and providing 24 assistance in local economic development efforts as 25 appropriate; 26 (iii) Creating and maintaining a regular 27 nonadversarial forum for ongoing dialogue between 28 labor and management representatives to discuss and 29 resolve issues of mutual concern outside the realm 30 of the traditional collective bargaining process; 31 (iv) Acting as an intermediary for initiating 32 local programs between unions and employers which 33 would generally improve economic conditions in a 34 region; SB745 Enrolled -163- LRB9101253EGfg 1 (v) Encouraging, assisting and facilitating 2 the development of work-site and industry 3 labor-management committees in the region. 4 Any local labor-management committee meeting these 5 criteria may apply to the Department for annual matching 6 grants, providedprovidingthat the local committee 7 contributes at least 25 percent in matching funds, of 8 which no more than 50 percent shall be "in-kind" 9 services. Funds received by a local committee pursuant 10 to this subsection shall be used for the ordinary 11 operating expenses of the local committee. 12 (2) Up to 20 percent of the annual appropriation to 13 the Department for providing labor-management grants and 14 resources may be awarded as matching grants to local 15 labor-management committees which do not meet all of the 16 eligibility criteria set forth in subsection (1). 17 However, to be eligible to apply for a grant under this 18 subsection, the local labor-management committee, at a 19 minimum, shall: 20 (i) Be composed of labor and management 21 representatives; 22 (ii) Service a distinct and identifiable 23 geographic region; 24 (iii) Operate in compliance with the rules set 25 forth by the Department with the advice of the 26 Labor-Management Cooperation Committee; 27 (iv) Ensure that its efforts and activities 28 are directed toward enhancing the labor-management 29 relationship within the State, region, community 30 and/or work place. 31 Any local labor-management committee meeting 32 these criteria may apply to the Department for an annual 33 matching grant, providedprovidingthat the local 34 committee contributes at least 25 percent in matching SB745 Enrolled -164- LRB9101253EGfg 1 funds of which no more than 50 percent shall be "in-kind" 2 services. Funds received by a local committee pursuant 3 to paragraph (2) of subsection (b) of this Section shall 4 be used for the ordinary and operating expenses of the 5 local committee. Eligible committees shall be limited to 6 three years of funding under this subsection. With 7 respect to those committees participating in this program 8 prior to enactment of this amendatory Act of 1988 which 9 fail to qualify under paragraph (1) of subsection (b) of 10 this Section, previous years' funding shall be counted in 11 determining whether those committees have reached their 12 funding limit under this paragraph (2). 13 (3) Up to 10 percent of the annual appropriation to 14 the Department for providing labor-management grants and 15 resources may be awarded as grants to develop and conduct 16 specialized education and training programs of direct 17 benefit to representatives of labor, management, 18 labor-management committees and/or their staff. The type 19 of education and training programs to be developed and 20 offered will be determined and prioritized annually by 21 the Department, with the advice of the Labor-Management 22 Cooperation Committee. The Department will develop and 23 issue an annual request for proposalsproposaldetailing 24 the program specifications. 25 (4) Up to 10 percent of the annual appropriation to 26 the Department for providing labor-management grants and 27 resources may be awarded as grants for research and 28 development projects related to labor-management issues. 29 The Department, with the advice of the Labor-Management 30 Cooperation Committee, will develop and prioritize 31 annually the type and scope of the research and 32 development projects deemed necessary. 33 The Department is authorized to establish 34 applications, application procedures and promulgate any SB745 Enrolled -165- LRB9101253EGfg 1 rules deemed necessary in the administration of such 2 grants. 3 (c) To administer the grant programs created by this 4 Act, the Department shall establish an Office of 5 Labor-Management Cooperation. The purpose of this office 6 shall include, but not be limited to: 7 (1) To administer the grant programs, including 8 developing grant applications and requests for proposals 9proposal, program monitoring and evaluation. 10 (2) To serve as State liaison with other state, 11 regional and national organizations devoted to promoting 12 labor-management cooperation; disseminating pertinent 13 information secured through these state, regional and 14 national affiliations to local labor-management 15 committees, the Labor-Management Cooperation Committee 16 and other interested parties throughout the State. 17 (3) To provide technical assistance to area, 18 industry or work-site labor-management committees as 19 requested. 20 (4) To serve as a clearinghouse for information 21 related to labor-management cooperation. 22 (5) To serve as a catalyst to developing and 23 strengthening a partnership among local, state, regional 24 and national organizations and agencies devoted to 25 enhancing labor-management cooperation. 26 (6) To provide any other programs or services which 27 enhance labor-management cooperation within the State of 28 Illinois as determined by the Director with the advice of 29 the Labor-Management Cooperation Committee. 30 (Source: P.A. 88-456; revised 10-31-98.) 31 Section 18. The Economic Development Area Tax Increment 32 Allocation Act is amended by changing Section 9 as follows: SB745 Enrolled -166- LRB9101253EGfg 1 (20 ILCS 620/9) (from Ch. 67 1/2, par. 1009) 2 Sec. 9. Powers of municipalities.,In addition to powers 3 which it may now have, any municipality has the power under 4 this Act: 5 (a) To make and enter into all contracts necessary or 6 incidental to the implementation and furtherance of an 7 economic development plan. 8 (b) Within an economic development project area, to 9 acquire by purchase, donation, lease or eminent domain, and 10 to own, convey, lease, mortgage or dispose of land and other 11 real or personal property or rights or interests therein; and 12 to grant or acquire licenses, easements and options with 13 respect thereto, all in the manner and at such price the 14 municipality determines is reasonably necessary to achieve 15 the objectives of the economic development project. No 16 conveyance, lease, mortgage, disposition of land or other 17 property acquired by the municipality, or agreement relating 18 to the development of property, shall be made or executed 19 except pursuant to prior official action of the municipality. 20 No conveyance, lease, mortgage or other disposition of land, 21 and no agreement relating to the development of property, 22 shall be made without making public disclosure of the terms 23 and disposition of all bids and proposals submitted to the 24 municipality in connection therewith. 25 (c) To clear any area within an economic development 26 project area by demolition or removal of any existing 27 buildings, structures, fixtures, utilities or improvements, 28 and to clear and grade land. 29 (d) To install, repair, construct, reconstruct or 30 relocate public streets, public utilities, and other public 31 site improvements within or without an economic development 32 project area which are essential to the preparation of an 33 economic development project area for use in accordance with 34 an economic development plan. SB745 Enrolled -167- LRB9101253EGfg 1 (e) To renovate, rehabilitate, reconstruct, relocate, 2 repair or remodel any existing buildings, improvements, and 3 fixtures within an economic development project area. 4 (f) To construct public improvements, including but not 5 limited to, buildings, structures, works, utilities or 6 fixtures within any economic development project area. 7 (g) To issue obligations as in this Act provided. 8 (h) To fix, charge and collect fees, rents and charges 9 for the use of any building, facility or property or any 10 portion thereof owned or leased by the municipality within an 11 economic development project area. 12 (i) To accept grants, guarantees, donations of property 13 or labor, or any other thing of value for use in connection 14 with an economic development project. 15 (j) To pay or cause to be paid economic development 16 project costs. Any payments to be made by the municipality to 17 developers or other nongovernmental persons for economic 18 development project costs incurred by such developer or other 19 nongovernmental person shall be made only pursuant to the 20 prior official action of the municipality evidencing an 21 intent to pay or cause to be paid such economic development 22 project costs. A municipality is not required to obtain any 23 right, title or interest in any real or personal property in 24 order to pay economic development project costs associated 25 with such property. The municipality shall adopt such 26 accounting procedures as may be necessary to determine that 27 such economic development project costs are properly paid. 28 (k) To exercise any and all other powers necessary to 29 effectuate the purposes of this Act. 30 (l) To create a commission of not less than 5 or more 31 than 15 persons to be appointed by the mayor or president of 32 the municipality with the consent of the majority of the 33 corporate authorities of the municipality. Members of a 34 commission shall be appointed for initial terms of 1, 2, 3, SB745 Enrolled -168- LRB9101253EGfg 1 4, and 5 years, respectively, in such numbers as to provide 2 that the terms of not more than 1/3 of all such members shall 3 expire in any one year. Their successors shall be appointed 4 for a term of 5 years. The commission, subject to approval of 5 the corporate authorities, may exercise the powers enumerated 6 in this Section. The commission shall also have the power to 7 hold the public hearings required by this Act and make 8 recommendations to the corporate authorities concerning the 9 approval of economic development plans, the establishment of 10 economic development project areas, and the adoption of tax 11 increment allocation financing for economic development 12 project areas. 13 (Source: P.A. 86-38; revised 10-31-98.) 14 Section 19. The Illinois Enterprise Zone Act is amended 15 by changing Section 8 as follows: 16 (20 ILCS 655/8) (from Ch. 67 1/2, par. 612) 17 Sec. 8. Zone Administration. The administration of an 18 Enterprise Zone shall be under the jurisdiction of the 19 designating municipality or county. Each designating 20 municipality or county shall, by ordinance, designate a Zone 21 Administrator for the certified zones within its 22 jurisdiction. A Zone Administrator must be an officer or 23 employee of the municipality or county. The Zone 24 Administrator shall be the liaison between the designating 25 municipality or county, the Department, and any designated 26 zone organizations within zones under his jurisdiction. 27 A designating municipality or county may designate one or 28 more organizations qualified under paragraph (d) of Section 3 29 to be designated zone organizations for purposes of this Act. 30 The municipality or county, may, by ordinance, delegate 31 functions within an Enterprise Zone to one or more designated 32 zone organizations in such zones. SB745 Enrolled -169- LRB9101253EGfg 1 Subject to the necessary governmental authorizations, 2 designated zone organizations may provide the following 3 services or perform the following functions in coordination 4 with the municipality or county: 5 (a) Provide or contract for provision of public services 6 including, but not limited to: 7 (1) establishment of crime watch patrols within 8 zone neighborhoods; 9 (2) establishment of volunteer day care centers; 10 (3) organization of recreational activities for 11 zone area youth; 12 (4) garbage collection; 13 (5) street maintenance and improvements; 14 (6) bridge maintenance and improvements; 15 (7) maintenance and improvement of water and sewer 16 lines; 17 (8) energy conservation projects; 18 (9) health and clinic services; 19 (10) drug abuse programs; 20 (11) senior citizen assistance programs; 21 (12) park maintenance; 22 (13) rehabilitation, renovation, and operation and 23 maintenance of low and moderate income housing; and 24 (14) other types of public services as provided by 25 law or regulation.;26 (b) Exercise authority for the enforcement of any code, 27 permit, or licensing procedure within an Enterprise Zone.;28 (c) Provide a forum for business, labor and government 29 action on zone innovations.;30 (d) Apply for regulatory relief as provided in Section 8 31 of this Act.;32 (e) Receive title to publicly owned land.;33 (f) Perform such other functions as the responsible 34 government entity may deem appropriate, including offerings SB745 Enrolled -170- LRB9101253EGfg 1 and contracts for insurance with businesses within the Zone.;23 (g) Agree with local governments to provide such public 4 services within the zones by contracting with private firms 5 and organizations, where feasible and prudent. 6 (h) Solicit and receive contributions to improve the 7 quality of life in the Enterprise Zone. 8 (Source: P.A. 82-1019; revised 10-31-98.) 9 Section 20. The Illinois Promotion Act is amended by 10 changing Section 4 as follows: 11 (20 ILCS 665/4) (from Ch. 127, par. 200-24) 12 Sec. 4. The Department shall have the following powers: 13 (a) To formulate a program for the promotion of tourism 14 and the film industry in the State of Illinois, including the 15 promotion of our State Parks, fishing and hunting areas, 16 historical shrines, vacation regions and areas of historic or 17 scenic interest.;18 (b) To cooperate with civic groups and local, State and 19 federal departments and agencies, and agencies and 20 departments of other states in encouraging educational 21 tourism and developing programs therefor.;22 (c) To publish tourist promotional material such as 23 brochures and booklets.;24 (d) To promote tourism in Illinois by articles and 25 advertisements in magazines, newspapers and travel 26 publications and by establishing promotional exhibitions at 27 fairs, travel shows, and similar exhibitions.;28 (e) To establish and maintain travel offices at major 29 points of entry to the State.;30 (f) To recommend legislation relating to the 31 encouragement of tourism in Illinois.;32 (g) To assist municipalities or local promotion groups in SB745 Enrolled -171- LRB9101253EGfg 1 developing new tourist attractions including but not limited 2 to feasibility studies and analyses, research and 3 development, and management and marketing planning for such 4 new tourist attractions. 5 (h) To do such other acts as shall, in the judgment of 6 the Department, be necessary and proper in fostering and 7 promoting tourism in the State of Illinois. 8 (i) To implement a program of matching grants to 9 counties, municipalities or local promotion groups and loans 10 to for-profit businesses for the development or improvement 11 of tourism attractions in Illinois under the terms and 12 conditions provided in this Act. 13 (j) To expend funds from the International and 14 Promotional Fund, subject to appropriation, on any activity 15 authorized under this Act. 16 (Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.) 17 Section 21. The Technology Advancement and Development 18 Act is amended by changing Section 2003 as follows: 19 (20 ILCS 700/2003) (from Ch. 127, par. 3702-3) 20 Sec. 2003. Grant evaluation and amounts. 21 (a) The Department shall evaluate grant applications 22 based upon criteria provided under this Section. The 23 Department shall not award any Challenge Grant that is not 24 recommended for funding by the IllinoisGovernor'sScience 25 and Technology Advisory Committee or associated private 26 sector coalition. In determining which grant applicants 27 shall be awarded a Challenge Grant, the Department shall 28 conduct an evaluation of prior compliance with loan or grant 29 agreements for any grant applicant previously funded by the 30 Department. In addition, the Department shall consider the 31 following criteria in determining grant awards: the 32 relationship of a proposed advanced technology project to the SB745 Enrolled -172- LRB9101253EGfg 1 State's future economic growth; the qualifications and 2 expertise of consultants, firms or organizations undertaking 3 the effort; the potential for leveraging federal or private 4 research dollars, or both, for the initiative; the extent of 5 the capacity of the applicant or the applicant partnership or 6 consortium to finance the initiative; the potential for 7 adapting, commercializing or adopting the results of the 8 applicant's project for the economic benefit of the State; 9 and the likelihood that the project has a potential for 10 creating new jobs or retaining current jobs in the State. 11 (b) The Director of the Department shall determine the 12 level of the grant award and shall determine the share of 13 total directly attributable costs of an advanced technology 14 project which may be considered for funding under this 15 Article. 16 (c) The Department and the Department of Natural 17 Resources are hereby authorized to cooperate with and provide 18 support to the IllinoisGovernor'sScience and Technology 19 Advisory Committee and its associated private sector 20 coalition. Such support may include the provision of office 21 space and may be technical, advisory or operational in 22 nature. 23 (Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.) 24 Section 22. The Department of Natural Resources Act is 25 amended by changing Section 1-15 as follows: 26 (20 ILCS 801/1-15) 27 Sec. 1-15. General powers and duties. 28 (a) It shall be the duty of the Department to 29 investigate practical problems, implement studies, conduct 30 research and provide assistance, information and data 31 relating to the technology and administration of the natural 32 history, entomology, zoology, and botany of this State; the SB745 Enrolled -173- LRB9101253EGfg 1 geology and natural resources of this State; the water and 2 atmospheric resources of this State; and the archeological 3 and cultural history of this State. 4 (b) The Department shall obtain, store, and process 5 relevant data; recommend technological, administrative, and 6 legislative changes and developments; cooperate with other 7 federal, state, and local governmental research agencies, 8 facilities, or institutes in the selection of projects for 9 study; cooperate with the Board of Higher Education and with 10 the public and private colleges and universities in this 11 State in developing relevant interdisciplinary approaches to 12 problems; evaluate curricula at all levels of education and 13 provide assistance to instructors; and sponsor an annual 14 conference of leaders in government, industry, health, and 15 education to evaluate the state of this State's environment 16 and natural resources. 17 (c) The Director, in accordance with the Personnel Code, 18 shall employ such personnel, provide such facilities, and 19 contract for such outside services as may be necessary to 20 carry out the purposes of the Department. Maximum use shall 21 be made of existing federal and state agencies, facilities, 22 and personnel in conducting research under this Act. 23 (d) In addition to its other powers, the Department has 24 the following powers: 25 (1) To obtain, store, process, and provide data and 26 information related to the powers and duties of the 27 Department under this Act. This subdivision (d)(1) does 28 not give authority to the Department to require reports 29 from nongovernmental sources or entities. 30 (2) To cooperate with and support the Illinois 31Governor'sScience and Technology Advisory Committee and 32 the Illinois Coalition for the purpose of facilitating 33 the effective operations and activities of such entities. 34 Support may include, but need not be limited to, SB745 Enrolled -174- LRB9101253EGfg 1 providing space for the operations of the Committee and 2 the Illinois Coalition. 3 (e) The Department is authorized to make grants to local 4 not-for-profit organizations for the purposes of development, 5 maintenance and study of wetland areas. 6 (f) The Department has the authority to accept, receive 7 and administer on behalf of the State any gifts, bequests, 8 donations, income from property rental and endowments. Any 9 such funds received by the Department shall be deposited into 10 the Natural Resources Fund, a special fund which is hereby 11 created in the State treasury, and used for the purposes of 12 this Act or, when appropriate, for such purposes and under 13 such restrictions, terms and conditions as are predetermined 14 by the donor or grantor of such funds or property. Any 15 accrued interest from money deposited into the Natural 16 Resources Fund shall be reinvested into the Fund and used in 17 the same manner as the principal. The Director shall maintain 18 records which account for and assure that restricted funds or 19 property are disbursed or used pursuant to the restrictions, 20 terms or conditions of the donor. 21 (Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.) 22 Section 23. The Civil Administrative Code of Illinois is 23 amended by changing Section 44a as follows: 24 (20 ILCS 1005/44a) (from Ch. 127, par. 44a) 25 Sec. 44a. The Board of Review in the Department of 26 Employment Security shall exercise all powers and be subject 27 to all duties conferred or imposed upon said Board by the 28 provisions of the Unemployment InsuranceCompensationAct,29enacted by the Sixtieth General Assembly, and by all30amendments thereto or modifications thereof,in its own name, 31 and without any direction, supervision, or control by the 32 Director of Employment Security. SB745 Enrolled -175- LRB9101253EGfg 1 (Source: P.A. 83-1503; revised 10-31-98.) 2 Section 24. The Illinois Coal and Energy Development 3 Bond Act is amended by changing Section 8 as follows: 4 (20 ILCS 1110/8) (from Ch. 96 1/2, par. 4108) 5 Sec. 8. Sale of bonds. The bonds shall be issued and 6 sold from time to time in such amounts as directed by the 7 Governor, upon recommendation by the Director of the Bureau 8 of the Budget. The bonds shall be serial bonds in the 9 denomination of $5,000 or some multiple thereof, shall be 10 payable within 30 years from their date, shall bear interest 11 payable annually or semiannually from their date at the rate 12 of not more than 15% per annum, or such higher maximum rate 13 as may be authorized by "An Act to authorize public 14 corporations to issue bonds, other evidences of indebtedness 15 and tax anticipation warrants subject to interest rate 16 limitations set forth therein", approved May 26, 1970, as 17 amended, shall be dated, and shall be in such form as the 18 Director of the Bureau of the Budget shall fix and determine 19 in the order authorizing the issuance and sale of the bonds, 20 which order shall be approved by the Governor prior to the 21 giving of notice of the sale of any of the bonds. These 22 bonds shall be payable as to both principal and interest at 23 such place or places, within or without the State of 24 Illinois, and may be made registrable as to either principal 25 or as to both principal and interest, as shall be fixed and 26 determined by the Director of the Bureau of the Budget in the 27 order authorizing the issuance and sale of such bonds. The 28 bonds may be callable as fixed and determined by the Director 29 of the Bureau of the Budget in the order authorizing the 30 issuance and sale of the bonds; provided, however, that the 31 State shall not pay a premium of more than 3% of the 32 principal of any bonds so called. SB745 Enrolled -176- LRB9101253EGfg 1 (Source: P.A. 82-974; revised 10-31-98.) 2 Section 25. The Hazardous Waste Technology Exchange 3 Service Act is amended by changing Section 5 as follows: 4 (20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805) 5 Sec. 5. Duties of Center; Industrial Advisory Committee. 6 (a) The Waste Management and Research Center shall: 7 (1) Conduct educational programs to further the 8 exchange of information to reduce the generation of 9 hazardous wastes or to treat or dispose of such wastes so 10 as to make them nonhazardous. 11 (2) Provide a technical information service for 12 industries involved in the generation, treatment, or 13 disposal of hazardous wastes. 14 (3) Disseminate information regarding advances in 15 hazardous waste management technology which could both 16 protect the environment and further industrial 17 productivity. 18 (4) Provide research in areas related to reduction 19 of the generation of hazardous wastes; treatment, 20 recycling and reuse; and other issues which the Board may 21 suggest. 22 (5) Provide other services as deemed necessary or 23 desirable by the Board. 24 (6) Submit a biennial report to the General 25 Assembly on Center activities. 26 (b) The Director of the Department shall be responsible 27 for the administration of the Center. 28 (c) The Department shall have the authority to accept, 29 receive and administer on behalf of the Center any grants, 30 gifts or other funds made available for purposes of this Act. 31 (d) The Board shall (1) provide policy guidelines and 32 goals for the Center; (2) approve the Center's budget; (3) SB745 Enrolled -177- LRB9101253EGfg 1 approve any reports; and (4) otherwise direct the Center in 2 accordance with its statutory powers and duties contained in 3 Section 15-10 of the Department of Natural Resources Act6 of4"An Act in relation to natural resources, research, data5collection and environmental studies", approved July 14,61978, as amended. 7 (e) The Director shall appoint an Industrial Advisory 8 Committee which shall be composed of representatives of 9 industries which are involved in the generation, treatment or 10 disposal of hazardous waste, or representatives of 11 organizations of such industries. To the extent possible, 12 the Director shall choose members representing large and 13 small industries from all geographical areas of the State. 14 Members of the Industrial Advisory Committee shall receive no 15 compensation but may be reimbursed for reasonable expenses 16 incurred in carrying out their duties. 17 The Industrial Advisory Committee shall advise the 18 Department on programs, services and activities necessary to 19 assist large and small businesses in economically reducing, 20 through source reduction, treatment and recycling, the amount 21 and toxicity of hazardous waste to be disposed of on or in 22 the land. 23 (Source: P.A. 90-490, eff. 8-17-97; revised 2-24-98.) 24 Section 26. The Financial Institutions Code is amended 25 by changing Section 17 as follows: 26 (20 ILCS 1205/17) (from Ch. 17, par. 118) 27 Sec. 17. Neither the Director, nor any supervisor, nor 28 any examiner shall be an officer, director, owner, or 29 shareholder of, or a partner in, or have any proprietary 30 interest, direct or indirect, in any financial institution; 31 provided, however, that ownership of withdrawable capital 32 accounts or shares in credit unions shall not be deemed to be SB745 Enrolled -178- LRB9101253EGfg 1 prevented hereby. If the Director or any supervisor, or 2 examiner, shall be a shareholder, or partner in or an owner 3 of or have any interest, direct or indirect, in any such 4 financial institution at the time of his appointment, he 5 shall dispose of his shares of stock or other evidences of 6 ownership or property within 120 days from the date of his 7 appointment. It is unlawful for the Director, any supervisor 8 or examiner to obtain any loan or gratuity from a financial 9 institution subject to the jurisdiction of the Department as 10 herein provided. If any other employee of the Department 11 borrows from or becomes indebted in an aggregate amount of 12 $2,500 or more to any financial institution subject to the 13 jurisdiction of the Department, he shall make a written 14 report to the Director stating the date and amount of such 15 loan or indebtedness, the security therefor, if any, and the 16 purpose or purposes for which proceeds have been or are to be 17 used. 18 (Source: Laws 1965, p. 2122; revised 10-31-98.) 19 Section 27. The Illinois Lottery Law is amended by 20 changing Sections 21 and 24 as follows: 21 (20 ILCS 1605/21) (from Ch. 120, par. 1171) 22 Sec. 21. All lottery sales agents or distributors shall 23 be liable to the Lottery for any and all tickets accepted or 24 generated by any employee or representative of that agent or 25 distributor, and such tickets shall be deemed to have been 26 purchased by the agent or distributor unless returned to the 27 Lottery within the time and in the manner prescribed by the 28 Director. All moneys received by such agents or distributors 29 from the sale of lottery tickets or shares, less the amount 30 retained as compensation for the sale of the tickets or 31 shares and the amount paid out as prizes, shall be paid over 32 to a lottery representative or deposited in a bank or savings SB745 Enrolled -179- LRB9101253EGfg 1 and loan association approved by the State Treasurer, as 2 prescribed by the Director. 3 No bank or savings and loan association shall receive 4 public funds as permitted by this Section, unless it has 5 complied with the requirements established pursuant to 6 Section 6 of the Public Funds Investment Act"An Act relating7to certain investments of public funds by public agencies",8approved July 23, 1943, as now or hereafter amended. 9 Each payment or deposit shall be accompanied by a report 10 of the agent's receipts and transactions in the sale of 11 lottery tickets in such form and containing such information 12 as the Director may require. Any discrepancies in such 13 receipts and transactions may be resolved as provided by the 14 rules and regulations of the Department. 15 If any money due the Lottery by a sales agent or 16 distributor is not paid when due or demanded, it shall 17 immediately become delinquent and be billed on a subsequent 18 monthly statement. If on the closing date for any monthly 19 statement a delinquent amount previously billed of more than 20 $50 remains unpaid, interest in such amount shall be accrued 21 at the rate of 2% per month or fraction thereof from the date 22 when such delinquent amount becomes past due until such 23 delinquent amount, including interest, penalty and other 24 costs and charges that the Department may incur in collecting 25 such amounts, is paid. In case any agent or distributor fails 26 to pay any moneys due the Lottery within 30 days after a 27 second bill or statement is rendered to the agent or 28 distributor, such amount shall be deemed seriously delinquent 29 and may be referred by the Department to a collection agency 30 or credit bureau for collection. Any contract entered into 31 by the Department for the collection of seriously delinquent 32 accounts with a collection agency or credit bureau may be 33 satisfied by a commercially reasonable percentage of the 34 delinquent account recouped, which shall be negotiated by the SB745 Enrolled -180- LRB9101253EGfg 1 Department in accordance with commercially accepted 2 standards. Any costs incurred by the Department or others 3 authorized to act in its behalf in collecting such 4 delinquencies may be assessed against the agent or 5 distributor and included as a part of the delinquent account. 6 In case of failure of an agent or distributor to pay a 7 seriously delinquent amount, or any portion thereof, 8 including interest, penalty and costs, the Department may 9 issue a Notice of Assessment. In determining amounts shown 10 on the Notice of Assessment, the Department shall utilize the 11 financial information available from its records. Such 12 Notice of Assessment shall be prima facie correct and shall 13 be prima facie evidence of delinquent sums due under this 14 Section at any hearing before the Board, or its Hearing 15 Officers, or at any other legal proceeding. Reproduced 16 copies of the Department's records relating to a delinquent 17 account or a Notice of Assessment offered in the name of the 18 Department, under the Certificate of the Director or any 19 officer or employee of the Department designated in writing 20 by the Director shall, without further proof, be admitted 21 into evidence in any such hearing or any legal proceeding and 22 shall be prima facie proof of the delinquency, including 23 principal and any interest, penalties and costs, as shown 24 thereon. The Attorney General may bring suit on behalf of the 25 Department to collect all such delinquent amounts, or any 26 portion thereof, including interest, penalty and costs, due 27 the Lottery. 28 Any person who accepts money that is due to the 29 Department from the sale of lottery tickets under this Act, 30 but who wilfully fails to remit such payment to the 31 Department when due or who purports to make such payment but 32 wilfully fails to do so because his check or other remittance 33 fails to clear the bank or savings and loan association 34associationsagainst which it is drawn, in addition to the SB745 Enrolled -181- LRB9101253EGfg 1 amount due and in addition to any other penalty provided by 2 law, shall be assessed, and shall pay, a penalty equal to 5% 3 of the deficiency plus any costs or charges incurred by the 4 Department in collecting such amount. 5 The Director may make such arrangements for any 6 person(s), banks, savings and loan associations or 7 distributors, to perform such functions, activities or 8 services in connection with the operation of the lottery as 9 he deems advisable pursuant to this Act,"the State 10 Comptroller Act", approved September 7, 1972, as now or11hereafter amended, or the rules and regulations of the 12 Department, and such functions, activities or services shall 13 constitute lawful functions, activities and services of such 14 person(s), banks, savings and loan associations or 15 distributors. 16 All income arising out of any activity or purpose of the 17 Department shall, pursuant to the"An Act in relation to18 State Finance Act", approved June 10, 1919, as amended, be 19 paid into the State Treasury except as otherwise provided by 20 the rules and regulations of the Department and shall be 21 covered into a special fund to be known as the State Lottery 22 Fund. Banks and savings and loan associations may be 23 compensated for services rendered based upon the activity and 24 amount of funds on deposit. 25 (Source: P.A. 88-522; revised 10-31-98.) 26 (20 ILCS 1605/24) (from Ch. 120, par. 1174) 27 Sec. 24. The State Comptroller shall conduct a preaudit 28 of all accounts and transactions of the Department under the 29 State Comptroller Act, excluding payments issued by the 30 Department for prizes of $25,000 or less. 31 The Auditor GeneralAuditor-Generalor a certified public 32 accountant firm appointed by him shall conduct an annual 33 post-audit of all accounts and transactions of the Department SB745 Enrolled -182- LRB9101253EGfg 1 and other special post audits as the Auditor General 2Auditor-General, the Legislative Audit Commission, or the 3 General Assembly deemsdeemnecessary. The annual post-audits 4 shall include payments made by lottery sales agents of prizes 5 of less than $600 authorized under Section 20, and payments 6 made by the Department of prizes up to $25,000 authorized 7 under Section 20.1. The Auditor GeneralAuditor-Generalor 8 his agent conducting an audit under this Act shall have 9 access and authority to examine any and all records of the 10 Department or the Board, its distributing agents and its 11 licensees. 12 (Source: P.A. 87-1197; 88-676, eff. 12-14-94; revised 13 10-31-98.) 14 Section 28. The Mental Health and Developmental 15 Disabilities Administrative Act is amended by changing 16 Sections 4, 18.1, and 22 as follows: 17 (20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4) 18 Sec. 4. To exercise executive and administrative 19 supervision over all facilities, divisions, programs and 20 services now existing or hereafter acquired or created under 21 the jurisdiction of the Department, including, but not 22 limited to, the following: 23 The Alton Mental Health Center, at Alton 24 The Clyde L. Choate Mental Health and Developmental 25 Center, at Anna 26 The Chester Mental Health Center, at Chester 27 The Chicago-Read Mental Health Center, at Chicago 28 The Elgin Mental Health Center, at Elgin 29 The Metropolitan Children and Adolescents Center, at 30 Chicago 31 The Jacksonville Developmental Center, at Jacksonville 32 The Governor Samuel H. Shapiro Developmental Center, at SB745 Enrolled -183- LRB9101253EGfg 1 Kankakee 2 The Tinley Park Mental Health Center, at Tinley Park 3 The Warren G. Murray Developmental Center, at Centralia 4 The Jack Mabley Developmental Center, at Dixon 5 The Lincoln Developmental Center, at Lincoln 6 The H. Douglas Singer Mental Health and Developmental 7 Center, at Rockford 8 The John J. Madden Mental Health Center, at Chicago 9 The George A. Zeller Mental Health Center, at Peoria 10 The Andrew McFarland Mental Health Center, at Springfield 11 The Adolf Meyer Mental Health Center, at Decatur 12 The William W. Fox Developmental Center, at Dwight 13 The Elisabeth Ludeman Developmental Center, at Park 14 Forest 15 The William A. Howe Developmental Center, at Tinley Park 16 The Ann M. Kiley Developmental Center, at Waukegan. 17 Beginning not later than July 1, 1977, the Department 18 shall cause each of the facilities under its jurisdiction 19 which provide in-patient care to comply with standards, rules 20 and regulations of the Department of Public Health prescribed 21 under Section 6.05 of the"Hospital Licensing Act", approved22July 1, 1953, as amended. 23 (Source: P.A. 87-447; 89-439, eff. 6-1-96; revised 10-31-98.) 24 (20 ILCS 1705/18.1) (from Ch. 91 1/2, par. 100-18.1) 25 Sec. 18.1. Community Mental Health and Developmental 26 Disabilities Services Provider Participation Fee Trust Fund. 27 (a) Deposits by State Treasurer. The State Treasurer 28 shall deposit moneys received by him as ex-officio custodian 29 of the Community Mental Health and Developmental Disabilities 30 Services Provider Participation Fee Trust Fund in banks or 31 savings and loan associations that have been approved by him 32 as State Depositaries under the Deposit of State Moneys Act 33 and with respect to such money shall be entitled to the same SB745 Enrolled -184- LRB9101253EGfg 1 rights and privileges as are provided by that Act with 2 respect to moneys in the treasury of the State of Illinois. 3 Any funds paid by providers in accordance with subsection 4 (c) shall be deposited into the Community Mental Health and 5 Developmental Disabilities Services Provider Participation 6 Fee Trust Fund. 7 Any funds paid by the federal government under Title XIX 8 of the Social Security Act to the State of Illinois for 9 services delivered by mental health or developmental 10 disabilities services community providers shall be deposited 11 into the Community Mental Health and Developmental 12 Disabilities Services Provider Participation Fee Trust Fund 13 if: 14 (1) the non-federal share is derived through 15 payment of fees by providers in accordance with 16 subsection (c); or 17 (2) the non-federal share is derived from local 18 government funds certification without regard to payment 19 of a fee by a provider. 20 (b) Definitions. As used in this Section: 21 "Fee" means a provider participation fee required to be 22 submitted by each applicable provider to the State according 23 to the process described in subsection (c). This fee is 24 imposed pursuant to the authority granted by Sections 1 and 2 25 of Article IX of the Illinois Constitution of 1970. 26 "Fee year" means the fiscal year beginning July 1 and 27 ending June 30 for which the fee amount applies. 28 "Fund" means the Community Mental Health and 29 Developmental Disabilities Services Provider Participation 30 Fee Trust Fund in the State Treasury which is hereby created. 31 Interest earned by the Fund shall be credited to the Fund. 32 "Local government funds certification" means the process 33 by which a unit of local government certifies the expenditure 34 of local government funds for the purchase of a community SB745 Enrolled -185- LRB9101253EGfg 1 mental health or developmental disabilities service for which 2 federal funds are available to the State on a matching basis 3 through Title XIX of the Social Security Act. 4 "Medicaid reimbursed service" means a service provided by 5 a provider under an agreement with the Department which is 6 eligible for reimbursement from the federal Medicaid program 7 and which is subject to the fee process. 8 "Provider" means a community agency which is funded by 9 the Department to provide a Medicaid-reimbursed service. 10 (c) Payment of fees due. Each year the Department shall 11 calculate a fee which must be paid by the provider. 12 (1) Calculation of projected payments. The 13 Department shall determine the amount of the total gross 14 payment projected to be made by the Department during 15 that fiscal year to the provider for covered services. 16 The projected payment shall take into consideration the 17 unit rates for services, the prior year's units of 18 service billed by the provider, and any factors which 19 will influence a change in the number of units of service 20 to be billed during the fee year. 21 (A) Differential payment schedule. If a 22 provider's projected total gross payment for the fee 23 year exceeds by more than 20% the actual total gross 24 payment for the year prior to the fee year, the 25 Department shall establish a fee payment schedule 26 for that provider which reflects the increasing 27 payments projected for the fee year. This special 28 payment schedule shall require lesser fee payments 29 during the first quarter with gradually increasing 30 fee payments according to the projected growth in 31 Medicaid receipts. 32 (B) Adjustment of inaccurate projections. If 33 a provider's projected total gross payment for the 34 fee exceeds by more than 20% the actual total gross SB745 Enrolled -186- LRB9101253EGfg 1 payment for the year prior to the fee year, the 2 Department shall monitor the actual total gross 3 payments on a quarterly basis throughout the fee 4 year. If, at the end of any quarter, actual 5 payments for the fee year to date differ by more 6 than 10% from projected payments, the Department 7 shall issue a revised fee amount to the provider. 8 If the actual payments exceed those projected, the 9 provider must submit the appropriate revised fee 10 amount within 30 days of the date the Department 11 sends the notification of the revised amount. If 12 the actual amounts are less than the projected 13 amounts, the Department must return to the provider 14 the appropriate share of overpaid fees, if any, 15 within 30 days of the determination of the 16 discrepancy. 17 (2) Multiplier. The Department shall multiply the 18 projected total gross payment by an amount of not more 19 than 15% to determine the fee amount. 20 (3) Notification. The Department shall notify each 21 provider in writing of the amount of the fee and the 22 required procedure for submitting the required payment. 23 (4) Provider submission of fee. Each applicable 24 provider must submit the specified fee in equal quarterly 25 amounts due on the first business date of each calendar 26 quarter. 27 (5) (A) Any provider that fails to pay the fee when 28 due, or pays less than the full amount due, shall be 29 required to pay a penalty of 10% of the delinquency 30 or deficiency for each month, or any fraction 31 thereof, computed on the full amount of the 32 delinquency or deficiency, from the time the fee was 33 due. 34 (B) In addition, the Illinois Department may SB745 Enrolled -187- LRB9101253EGfg 1 take action to notify the Office of the Comptroller 2 to collect any amount of monies owed under this 3 Section, pursuant to Section 10.05 of the State 4 Comptroller Act, or may suspend payments to, or 5 cancel or refuse to issue, extend, or reinstate a 6 Provider Contract or Agreement to, any provider 7 which has failed to pay any delinquent fee or 8 penalty. 9 (6) Local government funds certification. If local 10 government funds are used as a source of a portion or the 11 entire fee amount, the provider may certify the planned 12 spending of these local funds for the specified services 13 in lieu of actual cash payment to the Fund. This 14 certification must be accompanied by a statement from 15 each local government funder stating the intent of that 16 funder to contribute the applicable portion of the fee 17 amount. If this certification process is used, the 18 provider must also submit to the Department by October 31 19 of the year following the fee year an annual audit 20 statement from a certified public accountant firm 21 demonstrating that the local government funds were spent 22 for the intended service in the amounts required 23 according to the fee amount. If these local government 24 funds were not spent for the Medicaid service as 25 required, the provider must pay to the State the amount 26 of the fee which was not spent, plus a fine of 25% of the 27 amount of the fee not properly covered by the local 28 government funds certification process. This payment 29 must be submitted to the State Treasury by October 31 of 30 the year following the fee year. 31 (d) Use of the Fund. 32 (1) Revenue. The Fund may receive deposits from 33 the federal government in accordance with subsection (a) 34 and from provider fees in accordance with subsection (c). SB745 Enrolled -188- LRB9101253EGfg 1 (2) Protection from reduction. The moneys in the 2 Fund shall be exempt from any State budget reduction 3 Acts. The Fund shall not be used to replace any funds 4 otherwise appropriated to the Medicaid program by the 5 General Assembly. 6 (3) Administration; Contingency reserve. Moneys 7 paid from the Fund shall be used first for payment of 8 administrative expenses incurred by the Department in 9 performing the activities authorized by this Section, 10 including payments of any amounts which are reimbursable 11 to the federal government for payments from this Fund 12 which are required to be paid by State warrant. 13 Disbursements from this Fund shall be by warrants drawn 14 by the State Comptroller upon receipt of vouchers duly 15 executed and certified by the Department. The Department 16 may also establish a contingency reserve of no more than 17 3% of the total moneys collected in any one year. 18 (4)(Blank).After paying the necessary 19 administrative expenses and providing for a contingency, 20 the Department shall spend the remaining moneys in the 21 Fund to reimburse providers for providing Medicaid 22 services. 23 (A) In the aggregate, providers are entitled 24 to a return of the entire amount required plus the 25 federal matching portion less administrative 26 expenses and less the allowed 3% contingency 27 reserve, based on fees paid before October 1, 1992. 28 No provider will receive back less than the amount 29 required as a fee, for fees paid before October 1, 30 1992. 31 (B) The Department shall maintain records that 32 show the amount of money that has been paid by each 33 provider into the Fund and the amount of money that 34 has been paid from the Fund to each provider. SB745 Enrolled -189- LRB9101253EGfg 1 (5) Audit. The Department shall conduct an annual 2 audit of the Fund to determine that amounts received from 3 or paid to providers were correct. If a unit of local 4 government certified non-federal funds, the provider must 5 submit to the Department within 120 days after the end of 6 the fiscal year an annual audit statement from a 7 certified public accountant firm demonstrating that the 8 local government funds were spent for the intended 9 service in the amounts required. If an audit identifies 10 amounts that a provider should have been required to pay 11 and did not pay, a provider should not have been required 12 to pay but did pay, a provider should not have received 13 but did receive, or a provider should have received but 14 did not receive, the Department shall: 15 (A) Make the corrected payments to the 16 provider; 17 (B) Correct the fee amount and any related 18 fines; or 19 (C) Take action to recover required amounts 20 from the provider. 21 (e) Applicability contingent on federal funds. The 22 requirements of subsection (c) shall apply only as long as 23 federal funds under the Medicaid Program are provided for the 24 purposes of this Section and only as long as reimbursable 25 expenditures are matched at the federal Medicaid percentage 26 of at least 50%. Whenever the Department is informed that 27 federal funds are not to be provided for these purposes or 28 are provided at a lower percentage, the Department shall 29 promptly refund to each provider the amount of money 30 deposited by each provider, minus payments made from fee 31 funds to the provider, minus the proportionate share of funds 32 spent for administration, plus the proportionate share of any 33 investment earnings. In no event shall the Department 34 calculate a fee or require the payment of a fee for any SB745 Enrolled -190- LRB9101253EGfg 1 quarter beginning on or after October 1, 1992. 2 (f) The Department may promulgate rules and regulations 3 to implement this Section. For the purposes of the Illinois 4 Administrative Procedure Act, the adoption or amendment of 5 rules to implement this amendatory Act of 1991 shall be 6 deemed an emergency and necessary for the public interest, 7 safety and welfare. 8 (Source: P.A. 89-626, eff. 8-9-96; 90-372, eff. 7-1-98; 9 revised 10-31-98.) 10 (20 ILCS 1705/22) (from Ch. 91 1/2, par. 100-22) 11 Sec. 22. To accept and hold in behalf of the State, if 12 for the public interest, a grant, gift or legacy of money or 13 property to the State of Illinois, to the Department, or to 14 any facility of the Department made in trust for the 15 maintenance or support of a recipient at a facility of the 16 Department, or for any other legitimate purpose connected 17 with such facility. The Department shall accept any donation 18 for the board and treatment of any recipient. The Department 19 also may accept and hold a grant, gift, or legacy of money or 20 property made or given to a facility of the Department that 21 is no longer operating or to a facility of the Department 22 that is operating under a different name, provided that if 23 the grant, gift or legacy was made for a particular purpose, 24 the Department shall, to the extent practicable, use the 25 grant, gift or legacy in a manner that carries out that 26 purpose with regard to another facility operated by the 27 Department for the same purpose, or in the latter case, with 28 regard to that same facility of the Department that is 29 operating under a different name. The Department shall cause 30 each gift, grant or legacy to be kept as a distinct fund, and 31 shall invest the same in the manner provided by the laws of 32 this State as the same now exist, or shall hereafter be 33 enacted, relating to securities in which the deposit in a SB745 Enrolled -191- LRB9101253EGfg 1 savings bank may be invested. But the Department may, in its 2 discretion, deposit in a proper trust company or savings 3 bank, during the continuance of the trust, any fund so left 4 in trust for the life of a person, and shall adopt rules and 5 regulations governing the deposit, transfer, or withdrawal of 6 such fund. The Department shall on the expiration of any 7 trust as provided in any instrument creating the same, 8 dispose of the fund thereby created in the manner provided in 9 such instrument. The Department shall include in its annual 10 report a statement showing what funds are so held by it and 11 the condition thereof. Monies found on the recipients at the 12 time of their admission, or accruing to them during their 13 period of facility care, and monies deposited with the 14 facility director by relatives, guardians or friends of 15 recipients for the special comfort and pleasure of such 16 recipients, shall remain in the custody of such facility 17 director who shall act as trustee for disbursement to, in 18 behalf of, or for the benefit of such recipients. All types 19 of retirement and pension benefits from private and public 20 sources may be paid directly to the director of the facility 21 where the recipient is a resident, for deposit to the 22 recipient's trust fund account. Banks, trust companies, 23 savings and loan companies and insurance carriers having in 24 their possession funds of $1,000 or less belonging to a 25 recipient in aanfacility of the Department shall release 26 such funds to the director of the facility where the 27 recipient is a resident, for deposit to the recipient's trust 28 fund account. The facility director shall provide a receipt 29 to any bank, trust company, savings and loan company or 30 insurance carrier for the amount received and such receipt 31 shall constitute a valid and sufficient discharge and release 32 of the obligation of such bank, trust company, savings and 33 loan company or insurance carrier to the recipient for whom 34 such payment was so made, to the extent of the payment made. SB745 Enrolled -192- LRB9101253EGfg 1 Each facility director shall keep in a book an itemized 2 account of all receipts and expenditures of funds described 3 in the above proviso, which book shall be open at all times 4 to the inspection of the Department. 5 (Source: P.A. 86-922; revised 10-31-98.) 6 Section 29. The Illinois National Guardsman's 7 Compensation Act is amended by changing Section 3 as follows: 8 (20 ILCS 1825/3) (from Ch. 129, par. 403) 9 Sec. 3. If a claim therefor is made within one year of 10 the date of the death of the guardsman, compensation shall be 11 paid to the person designated by such guardsman killed while 12 on duty. The amount of compensation shall be equal to the 13 greater of (i) $100,000 or (ii) the amount of compensation 14 payable under Section 3 of the Law Enforcement Officers, 15 Civil Defense Workers, Civil Air Patrol Members, Paramedics, 16 Firemen, Chaplains, and State Employees Compensation Act when 17 an individual to whom that Act applies is killed in the line 18 of duty. If no beneficiary is designated or surviving at the 19 death of the guardsman killed while on duty, the compensation 20 shall be paid as follows: 21 (a) When there is a surviving spouse, the entire 22 sum shall be paid to the spouse.;23 (b) When there is no surviving spouse, but a 24 surviving descendant of the decedent, the entire sum 25 shall be paid to the decedent's descendants per stirpes.;2627 (c) When there is neither a surviving spouse nor a 28 surviving descendant, the entire sum shall be paid to the 29 parents of the decedent in equal parts, allowing to the 30 surviving parent, if one is dead, the entire sum. 31 (d) When there is no surviving spouse, descendant 32 or parent of the decedent, but there are surviving SB745 Enrolled -193- LRB9101253EGfg 1 brothers or sisters, or descendants of a brother or 2 sister, who were receiving their principal support from 3 the decedent at his death, the entire sum shall be paid, 4 in equal parts, to the dependent brothers or sisters or 5 dependent descendant of a brother or sister. Dependency 6 shall be determined by the Court of Claims based upon the 7 investigation and report of the Attorney General. 8 When there is no beneficiary designated or surviving at 9 the death of the guardsman killed while on duty and no 10 surviving spouse, descendant, parent,nordependent brother 11 or sister, or dependent descendant of a brother or sister, no 12 compensation shall be payable under this Act. 13 No part of such compensation may be paid to any other 14 person for any efforts in securing such compensation. 15 (Source: P.A. 88-518; 89-323, eff. 1-1-96; revised 10-31-98.) 16 Section 30. The Surface Coal Mining Fee Act is amended 17 by changing Section 1 as follows: 18 (20 ILCS 1915/1) (from Ch. 96 1/2, par. 7501) 19 Sec. 1. Legislative findings and intent. 20 (a) The General Assembly finds that: 21 (1) the purposes of the "Surface Mining Control and 22 Reclamation Act of 1977" (30 USC 1201 et seq.) include 23 the establishment of a program to protect society and the 24 environment from the adverse effects of surface coal 25 mining operations and from the adverse surface effects of 26 underground coal mining operations; 27 (2) the purposes of the above Act also include the 28 promoting of the reclamation of mined areas left without 29 adequate reclamation prior to the enactment of this Act 30 and which continue, in their unreclaimed conditions, to 31 substantially degrade the quality of the environment; 32 (3) the purposes of the above Act also include the SB745 Enrolled -194- LRB9101253EGfg 1 assurance that the coal supply essential to the Nation's 2 energy requirements, and to its economic and social 3 well-being is provided, and to encourage the full 4 utilization of coal resources. 5 (b) The General Assembly also finds that: 6 (1) during the mining and preparation of coal, a 7 portion of the coal is lost in the tailings produced; 8 (2) this lost coal, in gob or slurry form, can be 9 recovered in an economic and useable fashion; 10 (3) the recovery of this coal, which may constitute 11 twenty percent or more of a gob pile, and which may 12 constitute fifty percent or more of a slurry pond, in 13 effect conserves energy by increasing the efficiency of 14 utilization of a valuable fuel resource; 15 (4) the recovery of this coal, when conducted in 16 accordance with the permits required by the Illinois 17 Department of Natural Resources and the Illinois 18 Environmental Protection Agency, contributes to the 19 reclamation of the land, in that the total volume of 20 wastes to be handled is reduced. 21 (c) It is the purpose of this Act: 22 (1) to include the recovery of coal from gob and 23 slurry as a part of the land reclamation process and as a 24 form of energy conservation; and 25 (2) to provide that a portion of the funds 26 collected by the Office of Surface Mining Reclamation and 27 Enforcement and returned to the State of Illinois be used 28 for coal recovery. 29 (Source: P.A. 89-445, eff 2-7-96; revised 10-31-98.) 30 Section 31. The Abandoned Mined Lands and Water 31 Reclamation Act is amended by changing Sections 2.04 and 3.02 32 as follows: SB745 Enrolled -195- LRB9101253EGfg 1 (20 ILCS 1920/2.04) (from Ch. 96 1/2, par. 8002.04) 2 Sec. 2.04. Reclamation. 3 (a) The Department or such agency or department of State 4 government as the Department may designate pursuant to 5 subsection (d) of Section 3.05 may enter and reclaim 6 abandoned lands under this Section if the Department finds 7 that: 8 (1) land or water resources have been adversely 9 affected by past coal mining practices; and 10 (2) the adverse effects are at a stage where, in 11 the public interest, action to restore, reclaim, abate, 12 control, or prevent should be taken; and 13 (3) the owners of the land or water resources where 14 entry must be made to restore, reclaim, abate, control, 15 or prevent the adverse effects of past coal mining 16 practices are not known, or readily available; or(4)the 17 owners will not give permission for the United States, 18 the States, political subdivisions, their agents, 19 employees, or contractors to enter upon such property to 20 restore, reclaim, abate, control, or prevent the adverse 21 effects of past coal mining practices. 22 (b) After (1) the findings required by subsection (a) of 23 this Section have been made, and (2) giving notice by mail 24 return receipt requested to the owners if known or if not 25 known by posting notice upon the premises and advertising 26 once in a newspaper of general circulation in the 27 municipality in which the land lies, the Department or such 28 agency or department of State government as the Department 29 may designate pursuant to subsection (d) of Section 3.05 30 shall have the right to enter on the property adversely 31 affected by past mining practices and any other property to 32 have access to such property to do all things necessary or 33 expedient to restore, reclaim, abate, control, or prevent the 34 adverse effects. SB745 Enrolled -196- LRB9101253EGfg 1 (c) The moneys expended for such work and the benefits 2 accruing to any such premises so entered upon shall be 3 chargeable against such land and shall mitigate or offset any 4 claim in or any action brought by any owner of any interest 5 in such premises for any alleged damage by virtue of such 6 entry. This provision is not intended to create new rights 7 of action or eliminate existing immunities. 8 (d) Entry under this Section shall be construed as an 9 exercise of the police power for the protection of public 10 health, safety, and general welfare and shall not be 11 construed as an act of condemnation of property nor trespass 12 thereon. 13 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.) 14 (20 ILCS 1920/3.02) (from Ch. 96 1/2, par. 8003.02) 15 Sec. 3.02. State reclamation program. 16(a)The Department may prepare and submit under the 17 Federal Act (1) a State reclamation plan and appropriate 18 amendments, (2) annual project lists and program plans, (3) 19 grant proposals for federal funding, (4) inventories of 20 previous projects, (5) annual and other reports as may be 21 appropriate, and (6) such other applications, certifications 22 or documents as may be required under the Federal Act in 23 connection with reclamation or acquisition of abandoned 24 lands. 25 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.) 26 Section 32. The Civil Administrative Code of Illinois is 27 amended by changing Sections 60b, 60g, and 60m and 28 renumbering Section 62.1 (110 ILCS 355/62.1) as follows: 29 (20 ILCS 2105/60b) (from Ch. 127, par. 60b) 30 Sec. 60b. In the construction of Sections 60, 60a, 60b, 31 60c, 60d, 60e, 60f, 60g, and 60h,60i, 60j, 60k, and 60L,the SB745 Enrolled -197- LRB9101253EGfg 1 following definitions shall govern unless the context 2 otherwise clearly indicates. 3 "Department" shall mean the Department of Professional 4 Regulation. 5 "Registrant" shall mean a person who holds or claims to 6 hold a certificate as defined herein. 7 "Certificate" shall mean a license, certificate of 8 registration, permit or other authority purporting to be 9 issued or conferred by the Department by virtue or authority 10 of which the registrant has or claims the right to engage in 11 a profession, trade, occupation or operation of which the 12 Department has jurisdiction. 13 "Board" shall mean the board of persons designated for a 14 profession, trade or occupation under the provisions of any 15 Act now or hereafter in force whereby the jurisdiction of 16 such profession, trade or occupation is devolved on the 17 Department. 18 (Source: P.A. 85-225; revised 10-31-98.) 19 (20 ILCS 2105/60g) (from Ch. 127, par. 60g) 20 Sec. 60g. The board shall present to the Director its 21 written report of its findings and recommendations. A copy 22 of such report shall be served upon the registrant, either 23 personally or by registered mail as provided in Section 60c 2460-cfor the service of the citation. Within 20twentydays 25 after such service, the registrant may present to the 26 department his motion in writing for a rehearing, which 27 written motion shall specify the particular grounds therefor. 28 If the registrant shall order and pay for a transcript of the 29 record as provided in Section 60f60-f, the time elapsing 30 thereafter and before such transcript is ready for delivery 31 to him shall not be counted as part of such 20twentydays. 32 (Source: P.A. 83-230; revised 10-31-98.) SB745 Enrolled -198- LRB9101253EGfg 1 (20 ILCS 2105/60m) (from Ch. 127, par. 60m) 2 Sec. 60m. Notwithstanding any of the provisions of 3 Section 60, 60.1, 60a,60-a,60b, 60c, 60d,60-d,60e, 60f, 4 60g,60-gor 60h of this Act, the Department shall suspend, 5 revoke, place on probationary status, or take such other 6 disciplinary action as it deems proper for violations of 7 Section 22 of the Medical Practice Act of 1987, as amended, 8 only in accordance with Sections 7 and 36 through 46 of that 9 Act. 10 (Source: P.A. 85-1209; revised 10-31-98.) 11 (20 ILCS 2105/61f) (formerly 110 ILCS 355/62.1) 12 Sec. 61f.62.1.Design Professionals Dedicated Employees. 13 There is established within the Department of Professional 14 Regulation certain design professionals dedicated employees. 15 These employees shall be devoted exclusively to the 16 administration and enforcement of the Illinois Architecture 17 Practice Act, the Illinois Professional Land Surveyor Act of 18 1989, the Professional Engineering Practice Act of 1989, and 19 the Structural Engineering Licensing Act of 1989. The design 20 professionals dedicated employees that the Director shall 21 employ, in conformity with the Personnel Code, at a minimum 22 shall consist of one full-time design licensing Coordinator, 23 one full-time Assistant Coordinator, 4 full-time licensing 24 clerks, one full-time attorney, and 2 full-time 25 investigators. These employees shall work exclusively in the 26 licensing and enforcement of the design profession Acts set 27 forth in this Section and shall not be used for the licensing 28 and enforcement of any other Act or other duties in the 29 Department of Professional Regulation. 30 (Source: P.A. 87-781; revised 10-28-98.) 31 Section 33. The Illinois Health Finance Reform Act is 32 amended by changing Sections 4-3 and 5-1 as follows: SB745 Enrolled -199- LRB9101253EGfg 1 (20 ILCS 2215/4-3) (from Ch. 111 1/2, par. 6504-3) 2 Sec. 4-3. Confidentiality. 3 (a) As indicated elsewhere in this Act, all steps 4 necessary under State and Federal law to protect patient 5 confidentiality shall be undertaken by the Council to prevent 6 the identification of individual patient records. 7 Regulations are to be written to assure the confidentiality 8 of patient records when gathering and submitting data to the 9 Council or designated corporation, association or entity. 10 (b) The information submitted to the Council, designated 11 corporation, association or entity by hospitals pursuant to 12 subsections (c) and (e) of Section 4-2 shall be privileged 13 and confidential, and shall not be disclosed in any manner. 14 The foregoing includes, but shall not be limited to, 15 disclosure, inspection or copying under the Freedom of 16 Information Act, the State Records Act, and paragraph (1) of 17 Section 404 of the Illinois Insurance Code. However, the 18 prohibitions stated in this subsection shall not apply to the 19 compilations of information assembled by the Council pursuant 20 to subsections (k) and (m) of Section 4-2. 21 (c) Any person or organization, including but not 22 limited to, hospitals, government agencies, associations, 23 businesses, or researchers receiving data under an agreement 24 with the Council under the terms indicated in Section 6504-2 25 shall be required to adhere strictly to the terms of the 26 agreement, especially the terms that are related to 27 preserving patient confidentiality. The use of Council data 28 either alone or in combination with data from another source 29 or sources to identify specific patients is prohibited unless 30 such identification is specifically authorized by Illinois 31 Statute and agreed to in writing by the Council. An 32 intentional breach of patient confidentiality not authorized 33 by statute and the Council shall render the responsible 34 individual or organization liable to the penalties under SB745 Enrolled -200- LRB9101253EGfg 1 Section 5-26505-2. 2 (Source: P.A. 88-535; revised 10-31-98.) 3 (20 ILCS 2215/5-1) (from Ch. 111 1/2, par. 6505-1) 4 Sec. 5-1. Mandatory Utilization Review. 5 (a) Except as prohibited by Federal law or regulations, 6 any third party payor shall have the option to require 7 utilization review for hospital admissions and continued 8 hospital stays, except for the Illinois Department of Public 9 Aid for payment of hospital services for recipients of 10 assistance under Articles V, VI, and VII of the Illinois 11 Public Aid Code. The payor shall have the option to contract 12 with a medical peer review organization, provided that the 13 organization is at minimum, composed of 10% of area 14 physicians, or the hospital to perform utilization review or 15 to conduct its own utilization review. A medical peer review 16 organization, as defined, may also contract with hospitals to 17 perform reviews on a delegated basis. The utilization review 18 process shall provide for the timely notification of patients 19 by the third party payor or review organization that further 20 services are deemed inappropriate or medically unnecessary. 21 Such notification shall inform the patient that his third 22 party payor will cease coverage after a stated period from 23 the date of the notification. No third party payor shall be 24 liable for charges for health care services rendered by a 25 hospital subsequent to the end of the notification period. 26 Nothing in this Section shall be construed as authorizing 27 any person or third party payor, other than through the use 28 of physicians licensed to practice medicine in all of its 29 branches or other licensed health care professionals under 30 the supervision of said physicians, to conduct utilization 31 review. 32 (b) All costs associated with utilization review under 33 this section shall be billed to and paid by the third party SB745 Enrolled -201- LRB9101253EGfg 1 payor ordering the review. 2 (c) Any third party payor for hospital services may 3 contract with a hospital for a program of utilization review 4 different than that required by this subsection, which 5 contract may provide for the withholding and denial of 6 payment for hospital services to a beneficiary, when such 7 treatment is found in the course of utilization review to 8 have been inappropriate and unwarranted in the case of that 9 beneficiary. 10 (d) All records and reports arising as a result of this 11 subsection shall be strictly privileged and confidential, as 12 provided under Part 21 of Article VIII8of the Code of Civil 13 Procedure. 14 (Source: P.A. 83-1243; revised 10-31-98.) 15 Section 34. The Civil Administrative Code of Illinois is 16 amended by changing Sections 55.57 and 55.76 and by setting 17 forth and renumbering multiple versions of Section 55.84 as 18 follows: 19 (20 ILCS 2310/55.57) (from Ch. 127, par. 55.57) 20 Sec. 55.57. Community Health Centers. From 21 appropriations from the Community Health Center Care Fund, a 22 special fund in the State treasury which is hereby created, 23 the Department shall provide financial assistance (a) to(a)24 migrant health centers and community health centers 25 established pursuant to Sections 329 or 330 of the federal 26 Public Health Service Act or which meet the standards 27 contained in either of those Sections; and (b) for the 28 purpose of establishing new migrant health centers or 29 community health centers in areas of need. 30 (Source: P.A. 86-996; 86-1028; revised 10-31-98.) 31 (20 ILCS 2310/55.76) SB745 Enrolled -202- LRB9101253EGfg 1 Sec. 55.76. Heart Disease Treatment and Prevention Fund; 2 grants. From funds appropriated from the Heart Disease 3 Treatment and Prevention Fund, a special fund created in the 4 State treasury, the Illinois Department of Public Health 5 shall make grants to public and private agencies for the 6 purposes of funding (i) research into causes, prevention, and 7 treatment of heart disease and (ii) public education relating 8 to treatment and prevention of heart disease withinwiththe 9 State of Illinois. 10 (Source: P.A. 88-666, eff. 9-16-94; 89-235, eff. 8-4-95; 11 revised 10-31-98.) 12 (20 ILCS 2310/55.84) 13 Sec. 55.84. Breast feeding; public information campaign. 14 The Department of Public Health may conduct an information 15 campaign for the general public to promote breast feeding of 16 infants by their mothers. The Department may include the 17 information in a brochure prepared under Section 55.64 or in 18 a brochure that shares other information with the general 19 public and is distributed free of charge. If the Department 20 includes the information required under this Section in a 21 brochure authorized or required under another provision of 22 law, the Department may continue to use existing stocks of 23 that brochure before adding the information required under 24 this Section but shall add that information in the next 25 printing of the brochure. The information required under 26 this Section may be distributed to the parents or legal 27 custodians of each newborn upon discharge of the infant from 28 a hospital or other health care facility. 29 (Source: P.A. 90-244, eff. 1-1-98; 90-655, eff. 7-30-98.) 30 (20 ILCS 2310/55.89) 31 Sec. 55.89.55.84.Aging Veterans Task Force. 32 (a) The Director of Public Health shall appoint an Aging SB745 Enrolled -203- LRB9101253EGfg 1 Veterans Task Force to study the capability of the State to 2 provide health care to veterans of the armed forces after the 3 year 2000. The task force shall consist of persons 4 representing the Department, the Department of Veterans' 5 Affairs, Illinois Veterans Homes, hospitals, nursing homes, 6 other health care facilities, and advocates for residents of 7 Illinois Veterans Homes, hospitals, nursing homes, and other 8 health care facilities. Members of the task force shall 9 serve without compensation other than reimbursement for 10 necessary expenses incurred in the performance of their 11 duties. 12 (b) The task force shall conduct a comprehensive 13 examination of the future demands for health care by the 14 State's aging veteran population and the ability of the State 15 to provide that health care. 16 (c) The task force shall make recommendations to assist 17 the Department and the Department of Veterans' Affairs in 18 developing agency and legislative changes to provide health 19 care to the State's veterans after the year 2000. The task 20 force shall report its recommendations to the Department 21 before January 1, 1999. 22 (Source: P.A. 90-693, eff. 8-7-98; revised 9-23-98.) 23 Section 35. The Blind Persons Operating Vending 24 Facilities Act is amended by changing Section 8 as follows: 25 (20 ILCS 2420/8) (from Ch. 23, par. 3338) 26 Sec. 8. The Department shall assign any available 27 vending facility to an operator in the following manner: 28 (A) An objective set of criteria promulgated by rules 29 and regulations adopted pursuant to the Illinois 30 Administrative Procedure Act. 31 (B) The Department shall notify all licensed operators 32 in writing of the availability of any vending facilities SB745 Enrolled -204- LRB9101253EGfg 1 within the program as far in advance as is practicable. Such 2 notice shall include a description of the type of facility, 3 its characteristics, and its geographic location, the type of 4 building in which the facility is located, date of 5 availability, anticipated income or income experience, 6 contractual considerations such as hours, price limitations 7 or subsidies, if any, business telephone number of the 8 current operator, when applicable, and availability of public 9 transportation. The notice shall contain a deadline for 10 responses which is no less than 14 days after its issuance. 11 (C) The Department shall consider as qualified only bids 12 received from operators who have received certification 13 fitting the description of the facility contained in the 14 notice. In this manner, a list of qualified bidders shall be 15 formed, and the facility shall be offered to the most 16 qualified bidder. 17 (Source: P.A. 83-1534; revised 10-31-98.) 18 Section 36. The Civil Administrative Code of Illinois is 19 amended by changing Section 55a as follows: 20 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 21 (Text of Section before amendment by P.A. 90-590) 22 Sec. 55a. Powers and duties. 23 (A) The Department of State Police shall have the 24 following powers and duties, and those set forth in Sections 25 55a-1 through 55c: 26 1. To exercise the rights, powers and duties which have 27 been vested in the Department of Public Safety by the State 28 Police Act. 29 2. To exercise the rights, powers and duties which have 30 been vested in the Department of Public Safety by the State 31 Police Radio Act. 32 3. To exercise the rights, powers and duties which have SB745 Enrolled -205- LRB9101253EGfg 1 been vested in the Department of Public Safety by the 2 Criminal Identification Act. 3 4. To (a) investigate the origins, activities, personnel 4 and incidents of crime and the ways and means to redress the 5 victims of crimes, and study the impact, if any, of 6 legislation relative to the effusion of crime and growing 7 crime rates, and enforce the criminal laws of this State 8 related thereto, (b) enforce all laws regulating the 9 production, sale, prescribing, manufacturing, administering, 10 transporting, having in possession, dispensing, delivering, 11 distributing, or use of controlled substances and cannabis, 12 (c) employ skilled experts, scientists, technicians, 13 investigators or otherwise specially qualified persons to aid 14 in preventing or detecting crime, apprehending criminals, or 15 preparing and presenting evidence of violations of the 16 criminal laws of the State, (d) cooperate with the police of 17 cities, villages and incorporated towns, and with the police 18 officers of any county, in enforcing the laws of the State 19 and in making arrests and recovering property, (e) apprehend 20 and deliver up any person charged in this State or any other 21 State of the United States with treason, felony, or other 22 crime, who has fled from justice and is found in this State, 23 and (f) conduct such other investigations as may be provided 24 by law. Persons exercising these powers within the Department 25 are conservators of the peace and as such have all the powers 26 possessed by policemen in cities and sheriffs, except that 27 they may exercise such powers anywhere in the State in 28 cooperation with and after contact with the local law 29 enforcement officials. Such persons may use false or 30 fictitious names in the performance of their duties under 31 this paragraph, upon approval of the Director, and shall not 32 be subject to prosecution under the criminal laws for such 33 use. 34 5. To: (a) be a central repository and custodian of SB745 Enrolled -206- LRB9101253EGfg 1 criminal statistics for the State, (b) be a central 2 repository for criminal history record information, (c) 3 procure and file for record such information as is necessary 4 and helpful to plan programs of crime prevention, law 5 enforcement and criminal justice, (d) procure and file for 6 record such copies of fingerprints, as may be required by 7 law, (e) establish general and field crime laboratories, (f) 8 register and file for record such information as may be 9 required by law for the issuance of firearm owner's 10 identification cards, (g) employ polygraph operators, 11 laboratory technicians and other specially qualified persons 12 to aid in the identification of criminal activity, and (h) 13 undertake such other identification, information, laboratory, 14 statistical or registration activities as may be required by 15 law. 16 6. To (a) acquire and operate one or more radio 17 broadcasting stations in the State to be used for police 18 purposes, (b) operate a statewide communications network to 19 gather and disseminate information for law enforcement 20 agencies, (c) operate an electronic data processing and 21 computer center for the storage and retrieval of data 22 pertaining to criminal activity, and (d) undertake such other 23 communication activities as may be required by law. 24 7. To provide, as may be required by law, assistance to 25 local law enforcement agencies through (a) training, 26 management and consultant services for local law enforcement 27 agencies, and (b) the pursuit of research and the publication 28 of studies pertaining to local law enforcement activities. 29 8. To exercise the rights, powers and duties which have 30 been vested in the Department of State Police and the 31 Director of the Department of State Police by the Narcotic 32 Control Division Abolition Act. 33 9. To exercise the rights, powers and duties which have 34 been vested in the Department of Public Safety by the SB745 Enrolled -207- LRB9101253EGfg 1 Illinois Vehicle Code. 2 10. To exercise the rights, powers and duties which have 3 been vested in the Department of Public Safety by the Firearm 4 Owners Identification Card Act. 5 11. To enforce and administer such other laws in 6 relation to law enforcement as may be vested in the 7 Department. 8 12. To transfer jurisdiction of any realty title to 9 which is held by the State of Illinois under the control of 10 the Department to any other department of the State 11 government or to the State Employees Housing Commission, or 12 to acquire or accept Federal land, when such transfer, 13 acquisition or acceptance is advantageous to the State and is 14 approved in writing by the Governor. 15 13. With the written approval of the Governor, to enter 16 into agreements with other departments created by this Act, 17 for the furlough of inmates of the penitentiary to such other 18 departments for their use in research programs being 19 conducted by them. 20 For the purpose of participating in such research 21 projects, the Department may extend the limits of any 22 inmate's place of confinement, when there is reasonable cause 23 to believe that the inmate will honor his or her trust by 24 authorizing the inmate, under prescribed conditions, to leave 25 the confines of the place unaccompanied by a custodial agent 26 of the Department. The Department shall make rules governing 27 the transfer of the inmate to the requesting other department 28 having the approved research project, and the return of such 29 inmate to the unextended confines of the penitentiary. Such 30 transfer shall be made only with the consent of the inmate. 31 The willful failure of a prisoner to remain within the 32 extended limits of his or her confinement or to return within 33 the time or manner prescribed to the place of confinement 34 designated by the Department in granting such extension shall SB745 Enrolled -208- LRB9101253EGfg 1 be deemed an escape from custody of the Department and 2 punishable as provided in Section 3-6-4 of the Unified Code 3 of Corrections. 4 14. To provide investigative services, with all of the 5 powers possessed by policemen in cities and sheriffs, in and 6 around all race tracks subject to the Horse Racing Act of 7 1975. 8 15. To expend such sums as the Director deems necessary 9 from Contractual Services appropriations for the Division of 10 Criminal Investigation for the purchase of evidence and for 11 the employment of persons to obtain evidence. Such sums shall 12 be advanced to agents authorized by the Director to expend 13 funds, on vouchers signed by the Director. 14 16. To assist victims and witnesses in gang crime 15 prosecutions through the administration of funds appropriated 16 from the Gang Violence Victims and Witnesses Fund to the 17 Department. Such funds shall be appropriated to the 18 Department and shall only be used to assist victims and 19 witnesses in gang crime prosecutions and such assistance may 20 include any of the following: 21 (a) temporary living costs; 22 (b) moving expenses; 23 (c) closing costs on the sale of private residence; 24 (d) first month's rent; 25 (e) security deposits; 26 (f) apartment location assistance; 27 (g) other expenses which the Department considers 28 appropriate; and 29 (h) compensation for any loss of or injury to real 30 or personal property resulting from a gang crime to a 31 maximum of $5,000, subject to the following provisions: 32 (1) in the case of loss of property, the 33 amount of compensation shall be measured by the 34 replacement cost of similar or like property which SB745 Enrolled -209- LRB9101253EGfg 1 has been incurred by and which is substantiated by 2 the property owner, 3 (2) in the case of injury to property, the 4 amount of compensation shall be measured by the cost 5 of repair incurred and which can be substantiated by 6 the property owner, 7 (3) compensation under this provision is a 8 secondary source of compensation and shall be 9 reduced by any amount the property owner receives 10 from any other source as compensation for the loss 11 or injury, including, but not limited to, personal 12 insurance coverage, 13 (4) no compensation may be awarded if the 14 property owner was an offender or an accomplice of 15 the offender, or if the award would unjustly benefit 16 the offender or offenders, or an accomplice of the 17 offender or offenders. 18 No victim or witness may receive such assistance if he or 19 she is not a part of or fails to fully cooperate in the 20 prosecution of gang crime members by law enforcement 21 authorities. 22 The Department shall promulgate any rules necessary for 23 the implementation of this amendatory Act of 1985. 24 17. To conduct arson investigations. 25 18. To develop a separate statewide statistical police 26 contact record keeping system for the study of juvenile 27 delinquency. The records of this police contact system shall 28 be limited to statistical information. No individually 29 identifiable information shall be maintained in the police 30 contact statistical record system. 31 19. To develop a separate statewide central adjudicatory 32 and dispositional records system for persons under 19 years 33 of age who have been adjudicated delinquent minors and to 34 make information available to local registered participating SB745 Enrolled -210- LRB9101253EGfg 1 police youth officers so that police youth officers will be 2 able to obtain rapid access to the juvenile's background from 3 other jurisdictions to the end that the police youth officers 4 can make appropriate dispositions which will best serve the 5 interest of the child and the community. Information 6 maintained in the adjudicatory and dispositional record 7 system shall be limited to the incidents or offenses for 8 which the minor was adjudicated delinquent by a court, and a 9 copy of the court's dispositional order. All individually 10 identifiable records in the adjudicatory and dispositional 11 records system shall be destroyed when the person reaches 19 12 years of age. 13 20. To develop rules which guarantee the confidentiality 14 of such individually identifiable adjudicatory and 15 dispositional records except when used for the following: 16 (a) by authorized juvenile court personnel or the 17 State's Attorney in connection with proceedings under the 18 Juvenile Court Act of 1987; or 19 (b) inquiries from registered police youth 20 officers. 21 For the purposes of this Act "police youth officer" means 22 a member of a duly organized State, county or municipal 23 police force who is assigned by his or her Superintendent, 24 Sheriff or chief of police, as the case may be, to specialize 25 in youth problems. 26 21. To develop administrative rules and administrative 27 hearing procedures which allow a minor, his or her attorney, 28 and his or her parents or guardian access to individually 29 identifiable adjudicatory and dispositional records for the 30 purpose of determining or challenging the accuracy of the 31 records. Final administrative decisions shall be subject to 32 the provisions of the Administrative Review Law. 33 22. To charge, collect, and receive fees or moneys 34 equivalent to the cost of providing Department of State SB745 Enrolled -211- LRB9101253EGfg 1 Police personnel, equipment, and services to local 2 governmental agencies when explicitly requested by a local 3 governmental agency and pursuant to an intergovernmental 4 agreement as provided by this Section, other State agencies, 5 and federal agencies, including but not limited to fees or 6 moneys equivalent to the cost of providing dispatching 7 services, radio and radar repair, and training to local 8 governmental agencies on such terms and conditions as in the 9 judgment of the Director are in the best interest of the 10 State; and to establish, charge, collect and receive fees or 11 moneys based on the cost of providing responses to requests 12 for criminal history record information pursuant to positive 13 identification and any Illinois or federal law authorizing 14 access to some aspect of such information and to prescribe 15 the form and manner for requesting and furnishing such 16 information to the requestor on such terms and conditions as 17 in the judgment of the Director are in the best interest of 18 the State, provided fees for requesting and furnishing 19 criminal history record information may be waived for 20 requests in the due administration of the criminal laws. The 21 Department may also charge, collect and receive fees or 22 moneys equivalent to the cost of providing electronic data 23 processing lines or related telecommunication services to 24 local governments, but only when such services can be 25 provided by the Department at a cost less than that 26 experienced by said local governments through other means. 27 All services provided by the Department shall be conducted 28 pursuant to contracts in accordance with the 29 Intergovernmental Cooperation Act, and all telecommunication 30 services shall be provided pursuant to the provisions of 31 Section 67.18 of this Code. 32 All fees received by the Department of State Police under 33 this Act or the Illinois Uniform Conviction Information Act 34 shall be deposited in a special fund in the State Treasury to SB745 Enrolled -212- LRB9101253EGfg 1 be known as the State Police Services Fund. The money 2 deposited in the State Police Services Fund shall be 3 appropriated to the Department of State Police for expenses 4 of the Department of State Police. 5 Upon the completion of any audit of the Department of 6 State Police as prescribed by the Illinois State Auditing 7 Act, which audit includes an audit of the State Police 8 Services Fund, the Department of State Police shall make the 9 audit open to inspection by any interested person. 10 23. To exercise the powers and perform the duties which 11 have been vested in the Department of State Police by the 12 Intergovernmental Missing Child Recovery Act of 1984, and to 13 establish reasonable rules and regulations necessitated 14 thereby. 15 24. (a) To establish and maintain a statewide Law 16 Enforcement Agencies Data System (LEADS) for the purpose of 17 providing electronic access by authorized entities to 18 criminal justice data repositories and effecting an immediate 19 law enforcement response to reports of missing persons, 20 including lost, missing or runaway minors. The Department 21 shall implement an automatic data exchange system to compile, 22 to maintain and to make available to other law enforcement 23 agencies for immediate dissemination data which can assist 24 appropriate agencies in recovering missing persons and 25 provide access by authorized entities to various data 26 repositories available through LEADS for criminal justice and 27 related purposes. To assist the Department in this effort, 28 funds may be appropriated from the LEADS Maintenance Fund. 29 (b) In exercising its duties under this subsection, the 30 Department shall: 31 (1) provide a uniform reporting format for the 32 entry of pertinent information regarding the report of a 33 missing person into LEADS; 34 (2) develop and implement a policy whereby a SB745 Enrolled -213- LRB9101253EGfg 1 statewide or regional alert would be used in situations 2 relating to the disappearances of individuals, based on 3 criteria and in a format established by the Department. 4 Such a format shall include, but not be limited to, the 5 age of the missing person and the suspected circumstance 6 of the disappearance; 7 (3) notify all law enforcement agencies that 8 reports of missing persons shall be entered as soon as 9 the minimum level of data specified by the Department is 10 available to the reporting agency, and that no waiting 11 period for the entry of such data exists; 12 (4) compile and retain information regarding lost, 13 abducted, missing or runaway minors in a separate data 14 file, in a manner that allows such information to be used 15 by law enforcement and other agencies deemed appropriate 16 by the Director, for investigative purposes. Such 17 information shall include the disposition of all reported 18 lost, abducted, missing or runaway minor cases; 19 (5) compile and maintain an historic data 20 repository relating to lost, abducted, missing or runaway 21 minors and other missing persons in order to develop and 22 improve techniques utilized by law enforcement agencies 23 when responding to reports of missing persons; and 24 (6) create a quality control program regarding 25 confirmation of missing person data, timeliness of 26 entries of missing person reports into LEADS and 27 performance audits of all entering agencies. 28 25. On request of a school board or regional 29 superintendent of schools, to conduct an inquiry pursuant to 30 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 31 an applicant for employment in a school district has been 32 convicted of any criminal or drug offenses enumerated in 33 Section 10-21.9 or 34-18.5 of the School Code. The 34 Department shall furnish such conviction information to the SB745 Enrolled -214- LRB9101253EGfg 1 President of the school board of the school district which 2 has requested the information, or if the information was 3 requested by the regional superintendent to that regional 4 superintendent. 5 26. To promulgate rules and regulations necessary for 6 the administration and enforcement of its powers and duties, 7 wherever granted and imposed, pursuant to the Illinois 8 Administrative Procedure Act. 9 27. To (a) promulgate rules pertaining to the 10 certification, revocation of certification and training of 11 law enforcement officers as electronic criminal surveillance 12 officers, (b) provide training and technical assistance to 13 State's Attorneys and local law enforcement agencies 14 pertaining to the interception of private oral 15 communications, (c) promulgate rules necessary for the 16 administration of Article 108B of the Code of Criminal 17 Procedure of 1963, including but not limited to standards for 18 recording and minimization of electronic criminal 19 surveillance intercepts, documentation required to be 20 maintained during an intercept, procedures in relation to 21 evidence developed by an intercept, and (d) charge a 22 reasonable fee to each law enforcement agency that sends 23 officers to receive training as electronic criminal 24 surveillance officers. 25 28. Upon the request of any private organization which 26 devotes a major portion of its time to the provision of 27 recreational, social, educational or child safety services to 28 children, to conduct, pursuant to positive identification, 29 criminal background investigations of all of that 30 organization's current employees, current volunteers, 31 prospective employees or prospective volunteers charged with 32 the care and custody of children during the provision of the 33 organization's services, and to report to the requesting 34 organization any record of convictions maintained in the SB745 Enrolled -215- LRB9101253EGfg 1 Department's files about such persons. The Department shall 2 charge an application fee, based on actual costs, for the 3 dissemination of conviction information pursuant to this 4 subsection. The Department is empowered to establish this 5 fee and shall prescribe the form and manner for requesting 6 and furnishing conviction information pursuant to this 7 subsection. Information received by the organization from the 8 Department concerning an individual shall be provided to such 9 individual. Any such information obtained by the 10 organization shall be confidential and may not be transmitted 11 outside the organization and may not be transmitted to anyone 12 within the organization except as needed for the purpose of 13 evaluating the individual. Only information and standards 14 which bear a reasonable and rational relation to the 15 performance of child care shall be used by the organization. 16 Any employee of the Department or any member, employee or 17 volunteer of the organization receiving confidential 18 information under this subsection who gives or causes to be 19 given any confidential information concerning any criminal 20 convictions of an individual shall be guilty of a Class A 21 misdemeanor unless release of such information is authorized 22 by this subsection. 23 29. Upon the request of the Department of Children and 24 Family Services, to investigate reports of child abuse or 25 neglect. 26 30. To obtain registration of a fictitious vital record 27 pursuant to Section 15.1 of the Vital Records Act. 28 31. To collect and disseminate information relating to 29 "hate crimes" as defined under Section 12-7.1 of the Criminal 30 Code of 1961 contingent upon the availability of State or 31 Federal funds to revise and upgrade the Illinois Uniform 32 Crime Reporting System. All law enforcement agencies shall 33 report monthly to the Department of State Police concerning 34 such offenses in such form and in such manner as may be SB745 Enrolled -216- LRB9101253EGfg 1 prescribed by rules and regulations adopted by the Department 2 of State Police. Such information shall be compiled by the 3 Department and be disseminated upon request to any local law 4 enforcement agency, unit of local government, or state 5 agency. Dissemination of such information shall be subject 6 to all confidentiality requirements otherwise imposed by law. 7 The Department of State Police shall provide training for 8 State Police officers in identifying, responding to, and 9 reporting all hate crimes. The IllinoisLocal Governmental10 Law EnforcementOfficer'sTraining Standards Board shall 11 develop and certify a course of such training to be made 12 available to local law enforcement officers. 13 32. Upon the request of a private carrier company that 14 provides transportation under Section 28b of the Metropolitan 15 Transit Authority Act, to ascertain if an applicant for a 16 driver position has been convicted of any criminal or drug 17 offense enumerated in Section 28b of the Metropolitan Transit 18 Authority Act. The Department shall furnish the conviction 19 information to the private carrier company that requested the 20 information. 21 33. To apply for grants or contracts, receive, expend, 22 allocate, or disburse funds and moneys made available by 23 public or private entities, including, but not limited to, 24 contracts, bequests, grants, or receiving equipment from 25 corporations, foundations, or public or private institutions 26 of higher learning. All funds received by the Department 27 from these sources shall be deposited into the appropriate 28 fund in the State Treasury to be appropriated to the 29 Department for purposes as indicated by the grantor or 30 contractor or, in the case of funds or moneys bequeathed or 31 granted for no specific purpose, for any purpose as deemed 32 appropriate by the Director in administering the 33 responsibilities of the Department. 34 34. Upon the request of the Department of Children and SB745 Enrolled -217- LRB9101253EGfg 1 Family Services, the Department of State Police shall provide 2 properly designated employees of the Department of Children 3 and Family Services with criminal history record information 4 as defined in the Illinois Uniform Conviction Information Act 5 and information maintained in the adjudicatory and 6 dispositional record system as defined in subdivision (A)19 7 of this Section if the Department of Children and Family 8 Services determines the information is necessary to perform 9 its duties under the Abused and Neglected Child Reporting 10 Act, the Child Care Act of 1969, and the Children and Family 11 Services Act. The request shall be in the form and manner 12 specified by the Department of State Police. 13 35. The Illinois Department of Public Aid is an 14 authorized entity under this Section for the purpose of 15 obtaining access to various data repositories available 16 through LEADS, to facilitate the location of individuals for 17 establishing paternity, and establishing, modifying, and 18 enforcing child support obligations, pursuant to the Illinois 19 Public Aid Code and Title IV, Part D of the Social Security 20 Act. The Department shall enter into an agreement with the 21 Illinois Department of Public Aid consistent with these 22 purposes. 23 36. Upon request of the Department of Human Services, to 24 conduct an assessment and evaluation of sexually violent 25 persons as mandated by the Sexually Violent Persons 26 Commitment Act, the Department shall furnish criminal history 27 information maintained on the requested person. The request 28 shall be in the form and manner specified by the Department. 29 (B) The Department of State Police may establish and 30 maintain, within the Department of State Police, a Statewide 31 Organized Criminal Gang Database (SWORD) for the purpose of 32 tracking organized criminal gangs and their memberships. 33 Information in the database may include, but not be limited 34 to, the name, last known address, birth date, physical SB745 Enrolled -218- LRB9101253EGfg 1 descriptions (such as scars, marks, or tattoos), officer 2 safety information, organized gang affiliation, and entering 3 agency identifier. The Department may develop, in 4 consultation with the Criminal Justice Information Authority, 5 and in a form and manner prescribed by the Department, an 6 automated data exchange system to compile, to maintain, and 7 to make this information electronically available to 8 prosecutors and to other law enforcement agencies. The 9 information may be used by authorized agencies to combat the 10 operations of organized criminal gangs statewide. 11 (C) The Department of State Police may ascertain the 12 number of bilingual police officers and other personnel 13 needed to provide services in a language other than English 14 and may establish, under applicable personnel rules and 15 Department guidelines or through a collective bargaining 16 agreement, a bilingual pay supplement program. 17 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 18 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff. 19 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.) 20 (Text of Section after amendment by P.A. 90-590) 21 Sec. 55a. Powers and duties. 22 (A) The Department of State Police shall have the 23 following powers and duties, and those set forth in Sections 24 55a-1 through 55c: 25 1. To exercise the rights, powers and duties which have 26 been vested in the Department of Public Safety by the State 27 Police Act. 28 2. To exercise the rights, powers and duties which have 29 been vested in the Department of Public Safety by the State 30 Police Radio Act. 31 3. To exercise the rights, powers and duties which have 32 been vested in the Department of Public Safety by the 33 Criminal Identification Act. 34 4. To (a) investigate the origins, activities, personnel SB745 Enrolled -219- LRB9101253EGfg 1 and incidents of crime and the ways and means to redress the 2 victims of crimes, and study the impact, if any, of 3 legislation relative to the effusion of crime and growing 4 crime rates, and enforce the criminal laws of this State 5 related thereto, (b) enforce all laws regulating the 6 production, sale, prescribing, manufacturing, administering, 7 transporting, having in possession, dispensing, delivering, 8 distributing, or use of controlled substances and cannabis, 9 (c) employ skilled experts, scientists, technicians, 10 investigators or otherwise specially qualified persons to aid 11 in preventing or detecting crime, apprehending criminals, or 12 preparing and presenting evidence of violations of the 13 criminal laws of the State, (d) cooperate with the police of 14 cities, villages and incorporated towns, and with the police 15 officers of any county, in enforcing the laws of the State 16 and in making arrests and recovering property, (e) apprehend 17 and deliver up any person charged in this State or any other 18 State of the United States with treason, felony, or other 19 crime, who has fled from justice and is found in this State, 20 and (f) conduct such other investigations as may be provided 21 by law. Persons exercising these powers within the Department 22 are conservators of the peace and as such have all the powers 23 possessed by policemen in cities and sheriffs, except that 24 they may exercise such powers anywhere in the State in 25 cooperation with and after contact with the local law 26 enforcement officials. Such persons may use false or 27 fictitious names in the performance of their duties under 28 this paragraph, upon approval of the Director, and shall not 29 be subject to prosecution under the criminal laws for such 30 use. 31 5. To: (a) be a central repository and custodian of 32 criminal statistics for the State, (b) be a central 33 repository for criminal history record information, (c) 34 procure and file for record such information as is necessary SB745 Enrolled -220- LRB9101253EGfg 1 and helpful to plan programs of crime prevention, law 2 enforcement and criminal justice, (d) procure and file for 3 record such copies of fingerprints, as may be required by 4 law, (e) establish general and field crime laboratories, (f) 5 register and file for record such information as may be 6 required by law for the issuance of firearm owner's 7 identification cards, (g) employ polygraph operators, 8 laboratory technicians and other specially qualified persons 9 to aid in the identification of criminal activity, and (h) 10 undertake such other identification, information, laboratory, 11 statistical or registration activities as may be required by 12 law. 13 6. To (a) acquire and operate one or more radio 14 broadcasting stations in the State to be used for police 15 purposes, (b) operate a statewide communications network to 16 gather and disseminate information for law enforcement 17 agencies, (c) operate an electronic data processing and 18 computer center for the storage and retrieval of data 19 pertaining to criminal activity, and (d) undertake such other 20 communication activities as may be required by law. 21 7. To provide, as may be required by law, assistance to 22 local law enforcement agencies through (a) training, 23 management and consultant services for local law enforcement 24 agencies, and (b) the pursuit of research and the publication 25 of studies pertaining to local law enforcement activities. 26 8. To exercise the rights, powers and duties which have 27 been vested in the Department of State Police and the 28 Director of the Department of State Police by the Narcotic 29 Control Division Abolition Act. 30 9. To exercise the rights, powers and duties which have 31 been vested in the Department of Public Safety by the 32 Illinois Vehicle Code. 33 10. To exercise the rights, powers and duties which have 34 been vested in the Department of Public Safety by the Firearm SB745 Enrolled -221- LRB9101253EGfg 1 Owners Identification Card Act. 2 11. To enforce and administer such other laws in 3 relation to law enforcement as may be vested in the 4 Department. 5 12. To transfer jurisdiction of any realty title to 6 which is held by the State of Illinois under the control of 7 the Department to any other department of the State 8 government or to the State Employees Housing Commission, or 9 to acquire or accept Federal land, when such transfer, 10 acquisition or acceptance is advantageous to the State and is 11 approved in writing by the Governor. 12 13. With the written approval of the Governor, to enter 13 into agreements with other departments created by this Act, 14 for the furlough of inmates of the penitentiary to such other 15 departments for their use in research programs being 16 conducted by them. 17 For the purpose of participating in such research 18 projects, the Department may extend the limits of any 19 inmate's place of confinement, when there is reasonable cause 20 to believe that the inmate will honor his or her trust by 21 authorizing the inmate, under prescribed conditions, to leave 22 the confines of the place unaccompanied by a custodial agent 23 of the Department. The Department shall make rules governing 24 the transfer of the inmate to the requesting other department 25 having the approved research project, and the return of such 26 inmate to the unextended confines of the penitentiary. Such 27 transfer shall be made only with the consent of the inmate. 28 The willful failure of a prisoner to remain within the 29 extended limits of his or her confinement or to return within 30 the time or manner prescribed to the place of confinement 31 designated by the Department in granting such extension shall 32 be deemed an escape from custody of the Department and 33 punishable as provided in Section 3-6-4 of the Unified Code 34 of Corrections. SB745 Enrolled -222- LRB9101253EGfg 1 14. To provide investigative services, with all of the 2 powers possessed by policemen in cities and sheriffs, in and 3 around all race tracks subject to the Horse Racing Act of 4 1975. 5 15. To expend such sums as the Director deems necessary 6 from Contractual Services appropriations for the Division of 7 Criminal Investigation for the purchase of evidence and for 8 the employment of persons to obtain evidence. Such sums shall 9 be advanced to agents authorized by the Director to expend 10 funds, on vouchers signed by the Director. 11 16. To assist victims and witnesses in gang crime 12 prosecutions through the administration of funds appropriated 13 from the Gang Violence Victims and Witnesses Fund to the 14 Department. Such funds shall be appropriated to the 15 Department and shall only be used to assist victims and 16 witnesses in gang crime prosecutions and such assistance may 17 include any of the following: 18 (a) temporary living costs; 19 (b) moving expenses; 20 (c) closing costs on the sale of private residence; 21 (d) first month's rent; 22 (e) security deposits; 23 (f) apartment location assistance; 24 (g) other expenses which the Department considers 25 appropriate; and 26 (h) compensation for any loss of or injury to real 27 or personal property resulting from a gang crime to a 28 maximum of $5,000, subject to the following provisions: 29 (1) in the case of loss of property, the 30 amount of compensation shall be measured by the 31 replacement cost of similar or like property which 32 has been incurred by and which is substantiated by 33 the property owner, 34 (2) in the case of injury to property, the SB745 Enrolled -223- LRB9101253EGfg 1 amount of compensation shall be measured by the cost 2 of repair incurred and which can be substantiated by 3 the property owner, 4 (3) compensation under this provision is a 5 secondary source of compensation and shall be 6 reduced by any amount the property owner receives 7 from any other source as compensation for the loss 8 or injury, including, but not limited to, personal 9 insurance coverage, 10 (4) no compensation may be awarded if the 11 property owner was an offender or an accomplice of 12 the offender, or if the award would unjustly benefit 13 the offender or offenders, or an accomplice of the 14 offender or offenders. 15 No victim or witness may receive such assistance if he or 16 she is not a part of or fails to fully cooperate in the 17 prosecution of gang crime members by law enforcement 18 authorities. 19 The Department shall promulgate any rules necessary for 20 the implementation of this amendatory Act of 1985. 21 17. To conduct arson investigations. 22 18. To develop a separate statewide statistical police 23 contact record keeping system for the study of juvenile 24 delinquency. The records of this police contact system shall 25 be limited to statistical information. No individually 26 identifiable information shall be maintained in the police 27 contact statistical record system. 28 19. To develop a separate statewide central juvenile 29 records system for persons arrested prior to the age of 17 30 under Section 5-401 of the Juvenile Court Act of 1987 or 31 adjudicated delinquent minors and to make information 32 available to local law enforcement officers so that law 33 enforcement officers will be able to obtain rapid access to 34 the background of the minor from other jurisdictions to the SB745 Enrolled -224- LRB9101253EGfg 1 end that the juvenile police officers can make appropriate 2 decisions which will best serve the interest of the child and 3 the community. The Department shall submit a quarterly 4 report to the General Assembly and Governor which shall 5 contain the number of juvenile records that the Department 6 has received in that quarter and,a list, by category, of 7 offenses that minors were arrested for or convicted of by 8 age, race and gender. 9 20. To develop rules which guarantee the confidentiality 10 of such individually identifiable juvenile records except to 11 juvenile authorities who request information concerning the 12 minor and who certify in writing that the information will 13 not be disclosed to any other party except as provided under 14 law or order of court. For purposes of this Section, 15 "juvenile authorities" means: (i) a judge of the circuit 16 court and members of the staff of the court designated by the 17 judge; (ii) parties to the proceedings under the Juvenile 18 Court Act of 1987 and their attorneys; (iii) probation 19 officers and court appointed advocates for the juvenile 20 authorized by the judge hearing the case; (iv) any individual 21 or,public orofprivate agency having custody of the child 22 pursuant to court order; (v) any individual or,public or 23 private agency providing education, medical or mental health 24 service to the child when the requested information is needed 25 to determine the appropriate service or treatment for the 26 minor; (vi) any potential placement provider when such 27 release is authorized by the court for the limited purpose of 28 determining the appropriateness of the potential placement; 29 (vii) law enforcement officers and prosecutors; (viii) adult 30 and juvenile prisoner review boards; (ix) authorized military 31 personnel; (x) individuals authorized by court; (xi) the 32 Illinois General Assembly or any committee or commission 33 thereof. 34 21. To develop administrative rules and administrative SB745 Enrolled -225- LRB9101253EGfg 1 hearing procedures which allow a minor, his or her attorney, 2 and his or her parents or guardian access to individually 3 identifiable juvenile records for the purpose of determining 4 or challenging the accuracy of the records. Final 5 administrative decisions shall be subject to the provisions 6 of the Administrative Review Law. 7 22. To charge, collect, and receive fees or moneys 8 equivalent to the cost of providing Department of State 9 Police personnel, equipment, and services to local 10 governmental agencies when explicitly requested by a local 11 governmental agency and pursuant to an intergovernmental 12 agreement as provided by this Section, other State agencies, 13 and federal agencies, including but not limited to fees or 14 moneys equivalent to the cost of providing dispatching 15 services, radio and radar repair, and training to local 16 governmental agencies on such terms and conditions as in the 17 judgment of the Director are in the best interest of the 18 State; and to establish, charge, collect and receive fees or 19 moneys based on the cost of providing responses to requests 20 for criminal history record information pursuant to positive 21 identification and any Illinois or federal law authorizing 22 access to some aspect of such information and to prescribe 23 the form and manner for requesting and furnishing such 24 information to the requestor on such terms and conditions as 25 in the judgment of the Director are in the best interest of 26 the State, provided fees for requesting and furnishing 27 criminal history record information may be waived for 28 requests in the due administration of the criminal laws. The 29 Department may also charge, collect and receive fees or 30 moneys equivalent to the cost of providing electronic data 31 processing lines or related telecommunication services to 32 local governments, but only when such services can be 33 provided by the Department at a cost less than that 34 experienced by said local governments through other means. SB745 Enrolled -226- LRB9101253EGfg 1 All services provided by the Department shall be conducted 2 pursuant to contracts in accordance with the 3 Intergovernmental Cooperation Act, and all telecommunication 4 services shall be provided pursuant to the provisions of 5 Section 67.18 of this Code. 6 All fees received by the Department of State Police under 7 this Act or the Illinois Uniform Conviction Information Act 8 shall be deposited in a special fund in the State Treasury to 9 be known as the State Police Services Fund. The money 10 deposited in the State Police Services Fund shall be 11 appropriated to the Department of State Police for expenses 12 of the Department of State Police. 13 Upon the completion of any audit of the Department of 14 State Police as prescribed by the Illinois State Auditing 15 Act, which audit includes an audit of the State Police 16 Services Fund, the Department of State Police shall make the 17 audit open to inspection by any interested person. 18 23. To exercise the powers and perform the duties which 19 have been vested in the Department of State Police by the 20 Intergovernmental Missing Child Recovery Act of 1984, and to 21 establish reasonable rules and regulations necessitated 22 thereby. 23 24. (a) To establish and maintain a statewide Law 24 Enforcement Agencies Data System (LEADS) for the purpose of 25 providing electronic access by authorized entities to 26 criminal justice data repositories and effecting an immediate 27 law enforcement response to reports of missing persons, 28 including lost, missing or runaway minors. The Department 29 shall implement an automatic data exchange system to compile, 30 to maintain and to make available to other law enforcement 31 agencies for immediate dissemination data which can assist 32 appropriate agencies in recovering missing persons and 33 provide access by authorized entities to various data 34 repositories available through LEADS for criminal justice and SB745 Enrolled -227- LRB9101253EGfg 1 related purposes. To assist the Department in this effort, 2 funds may be appropriated from the LEADS Maintenance Fund. 3 (b) In exercising its duties under this subsection, the 4 Department shall: 5 (1) provide a uniform reporting format for the 6 entry of pertinent information regarding the report of a 7 missing person into LEADS; 8 (2) develop and implement a policy whereby a 9 statewide or regional alert would be used in situations 10 relating to the disappearances of individuals, based on 11 criteria and in a format established by the Department. 12 Such a format shall include, but not be limited to, the 13 age of the missing person and the suspected circumstance 14 of the disappearance; 15 (3) notify all law enforcement agencies that 16 reports of missing persons shall be entered as soon as 17 the minimum level of data specified by the Department is 18 available to the reporting agency, and that no waiting 19 period for the entry of such data exists; 20 (4) compile and retain information regarding lost, 21 abducted, missing or runaway minors in a separate data 22 file, in a manner that allows such information to be used 23 by law enforcement and other agencies deemed appropriate 24 by the Director, for investigative purposes. Such 25 information shall include the disposition of all reported 26 lost, abducted, missing or runaway minor cases; 27 (5) compile and maintain an historic data 28 repository relating to lost, abducted, missing or runaway 29 minors and other missing persons in order to develop and 30 improve techniques utilized by law enforcement agencies 31 when responding to reports of missing persons; and 32 (6) create a quality control program regarding 33 confirmation of missing person data, timeliness of 34 entries of missing person reports into LEADS and SB745 Enrolled -228- LRB9101253EGfg 1 performance audits of all entering agencies. 2 25. On request of a school board or regional 3 superintendent of schools, to conduct an inquiry pursuant to 4 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 5 an applicant for employment in a school district has been 6 convicted of any criminal or drug offenses enumerated in 7 Section 10-21.9 or 34-18.5 of the School Code. The 8 Department shall furnish such conviction information to the 9 President of the school board of the school district which 10 has requested the information, or if the information was 11 requested by the regional superintendent to that regional 12 superintendent. 13 26. To promulgate rules and regulations necessary for 14 the administration and enforcement of its powers and duties, 15 wherever granted and imposed, pursuant to the Illinois 16 Administrative Procedure Act. 17 27. To (a) promulgate rules pertaining to the 18 certification, revocation of certification and training of 19 law enforcement officers as electronic criminal surveillance 20 officers, (b) provide training and technical assistance to 21 State's Attorneys and local law enforcement agencies 22 pertaining to the interception of private oral 23 communications, (c) promulgate rules necessary for the 24 administration of Article 108B of the Code of Criminal 25 Procedure of 1963, including but not limited to standards for 26 recording and minimization of electronic criminal 27 surveillance intercepts, documentation required to be 28 maintained during an intercept, procedures in relation to 29 evidence developed by an intercept, and (d) charge a 30 reasonable fee to each law enforcement agency that sends 31 officers to receive training as electronic criminal 32 surveillance officers. 33 28. Upon the request of any private organization which 34 devotes a major portion of its time to the provision of SB745 Enrolled -229- LRB9101253EGfg 1 recreational, social, educational or child safety services to 2 children, to conduct, pursuant to positive identification, 3 criminal background investigations of all of that 4 organization's current employees, current volunteers, 5 prospective employees or prospective volunteers charged with 6 the care and custody of children during the provision of the 7 organization's services, and to report to the requesting 8 organization any record of convictions maintained in the 9 Department's files about such persons. The Department shall 10 charge an application fee, based on actual costs, for the 11 dissemination of conviction information pursuant to this 12 subsection. The Department is empowered to establish this 13 fee and shall prescribe the form and manner for requesting 14 and furnishing conviction information pursuant to this 15 subsection. Information received by the organization from the 16 Department concerning an individual shall be provided to such 17 individual. Any such information obtained by the 18 organization shall be confidential and may not be transmitted 19 outside the organization and may not be transmitted to anyone 20 within the organization except as needed for the purpose of 21 evaluating the individual. Only information and standards 22 which bear a reasonable and rational relation to the 23 performance of child care shall be used by the organization. 24 Any employee of the Department or any member, employee or 25 volunteer of the organization receiving confidential 26 information under this subsection who gives or causes to be 27 given any confidential information concerning any criminal 28 convictions of an individual shall be guilty of a Class A 29 misdemeanor unless release of such information is authorized 30 by this subsection. 31 29. Upon the request of the Department of Children and 32 Family Services, to investigate reports of child abuse or 33 neglect. 34 30. To obtain registration of a fictitious vital record SB745 Enrolled -230- LRB9101253EGfg 1 pursuant to Section 15.1 of the Vital Records Act. 2 31. To collect and disseminate information relating to 3 "hate crimes" as defined under Section 12-7.1 of the Criminal 4 Code of 1961 contingent upon the availability of State or 5 Federal funds to revise and upgrade the Illinois Uniform 6 Crime Reporting System. All law enforcement agencies shall 7 report monthly to the Department of State Police concerning 8 such offenses in such form and in such manner as may be 9 prescribed by rules and regulations adopted by the Department 10 of State Police. Such information shall be compiled by the 11 Department and be disseminated upon request to any local law 12 enforcement agency, unit of local government, or state 13 agency. Dissemination of such information shall be subject 14 to all confidentiality requirements otherwise imposed by law. 15 The Department of State Police shall provide training for 16 State Police officers in identifying, responding to, and 17 reporting all hate crimes. The Illinois Law Enforcement 18 Training Standards Board shall develop and certify a course 19 of such training to be made available to local law 20 enforcement officers. 21 32. Upon the request of a private carrier company that 22 provides transportation under Section 28b of the Metropolitan 23 Transit Authority Act, to ascertain if an applicant for a 24 driver position has been convicted of any criminal or drug 25 offense enumerated in Section 28b of the Metropolitan Transit 26 Authority Act. The Department shall furnish the conviction 27 information to the private carrier company that requested the 28 information. 29 33. To apply for grants or contracts, receive, expend, 30 allocate, or disburse funds and moneys made available by 31 public or private entities, including, but not limited to, 32 contracts, bequests, grants, or receiving equipment from 33 corporations, foundations, or public or private institutions 34 of higher learning. All funds received by the Department SB745 Enrolled -231- LRB9101253EGfg 1 from these sources shall be deposited into the appropriate 2 fund in the State Treasury to be appropriated to the 3 Department for purposes as indicated by the grantor or 4 contractor or, in the case of funds or moneys bequeathed or 5 granted for no specific purpose, for any purpose as deemed 6 appropriate by the Director in administering the 7 responsibilities of the Department. 8 34. Upon the request of the Department of Children and 9 Family Services, the Department of State Police shall provide 10 properly designated employees of the Department of Children 11 and Family Services with criminal history record information 12 as defined in the Illinois Uniform Conviction Information Act 13 and information maintained in the Statewide Central Juvenile 14 record system as defined in subdivision (A)19 of this Section 15 if the Department of Children and Family Services determines 16 the information is necessary to perform its duties under the 17 Abused and Neglected Child Reporting Act, the Child Care Act 18 of 1969, and the Children and Family Services Act. The 19 request shall be in the form and manner specified by the 20 Department of State Police. 21 35. The Illinois Department of Public Aid is an 22 authorized entity under this Section for the purpose of 23 exchanging information, in the form and manner required by 24 the Department of State Police,obtaining access to various25data repositories available through LEADS,to facilitate the 26 location of individuals for establishing paternity, and 27 establishing, modifying, and enforcing child support 28 obligations, pursuant to the Illinois Public Aid Code and 29 Title IV, PartSectionD of the Social Security Act.The30Department shall enter into an agreement with the Illinois31Department of Public Aid consistent with these purposes.32 36. Upon request of the Department of Human Services, to 33 conduct an assessment and evaluation of sexually violent 34 persons as mandated by the Sexually Violent Persons SB745 Enrolled -232- LRB9101253EGfg 1 Commitment Act, the Department shall furnish criminal history 2 information maintained on the requested person. The request 3 shall be in the form and manner specified by the Department. 4 (B) The Department of State Police may establish and 5 maintain, within the Department of State Police, a Statewide 6 Organized Criminal Gang Database (SWORD) for the purpose of 7 tracking organized criminal gangs and their memberships. 8 Information in the database may include, but not be limited 9 to, the name, last known address, birth date, physical 10 descriptions (such as scars, marks, or tattoos), officer 11 safety information, organized gang affiliation, and entering 12 agency identifier. The Department may develop, in 13 consultation with the Criminal Justice Information Authority, 14 and in a form and manner prescribed by the Department, an 15 automated data exchange system to compile, to maintain, and 16 to make this information electronically available to 17 prosecutors and to other law enforcement agencies. The 18 information may be used by authorized agencies to combat the 19 operations of organized criminal gangs statewide. 20 (C) The Department of State Police may ascertain the 21 number of bilingual police officers and other personnel 22 needed to provide services in a language other than English 23 and may establish, under applicable personnel rules and 24 Department guidelines or through a collective bargaining 25 agreement, a bilingual pay supplement program. 26 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 27 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 28 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 29 1-21-99.) 30 Section 37. The State Police Act is amended by changing 31 Section 17 as follows: 32 (20 ILCS 2610/17) (from Ch. 121, par. 307.17) SB745 Enrolled -233- LRB9101253EGfg 1 Sec. 17. The Division shall purchase and furnish to the 2 policemen appropriate uniforms including a metal star or 3 badge bearing the words "Illinois State Police", 4 identification, and such vehicles and other equipment as may 5 be necessary. 6 (Source: Laws 1967, p. 69; revised 1-30-99.) 7 Section 38. The Criminal Identification Act is amended 8 by changing Section 5 as follows: 9 (20 ILCS 2630/5) (from Ch. 38, par. 206-5) 10 (Text of Section before amendment by P.A. 90-590) 11 Sec. 5. Arrest reports; expungement. 12 (a) All policing bodies of this State shall furnish to 13 the Department, daily, in the form and detail the Department 14 requires, fingerprints and descriptions of all persons who 15 are arrested on charges of violating any penal statute of 16 this State for offenses that are classified as felonies and 17 Class A or B misdemeanors and of all minors who have been 18 arrested or taken into custody before their 17th birthday for 19 an offense that if committed by an adult would constitute the 20 offense of unlawful use of weapons under Article 24 of the 21 Criminal Code of 1961, a forcible felony as defined in 22 Section 2-8 of the Criminal Code of 1961, or a Class 2 or 23 greater felony under the Cannabis Control Act, the Illinois 24 Controlled Substances Act, or Chapter 4 of the Illinois 25 Vehicle Code. Moving or nonmoving traffic violations under 26 the Illinois Vehicle Code shall not be reported except for 27 violations of Chapter 4, Section 11-204.1, or Section 11-501 28 of that Code. In addition, conservation offenses, as defined 29 in the Supreme Court Rule 501(c), that are classified as 30 Class B misdemeanors shall not be reported. 31 Whenever an adult or minor prosecuted as an adult, not 32 having previously been convicted of any criminal offense or SB745 Enrolled -234- LRB9101253EGfg 1 municipal ordinance violation, charged with a violation of a 2 municipal ordinance or a felony or misdemeanor, is acquitted 3 or released without being convicted, whether the acquittal or 4 release occurred before, on, or after the effective date of 5 this amendatory Act of 1991, the Chief Judge of the circuit 6 wherein the charge was brought, any judge of that circuit 7 designated by the Chief Judge, or in counties of less than 8 3,000,000 inhabitants, the presiding trial judge at the 9 defendant's trial may upon verified petition of the defendant 10 order the record of arrest expunged from the official records 11 of the arresting authority and the Department and order that 12 the records of the clerk of the circuit court be sealed until 13 further order of the court upon good cause shown and the name 14 of the defendant obliterated on the official index required 15 to be kept by the circuit court clerk under Section 16 of the 16 Clerks of Courts Act, but the order shall not affect any 17 index issued by the circuit court clerk before the entry of 18 the order. The Department may charge the petitioner a fee 19 equivalent to the cost of processing any order to expunge or 20 seal the records, and the fee shall be deposited into the 21 State Police Services Fund. The records of those arrests, 22 however, that result in a disposition of supervision for any 23 offense shall not be expunged from the records of the 24 arresting authority or the Department nor impounded by the 25 court until 2 years after discharge and dismissal of 26 supervision. Those records that result from a supervision 27 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 28 11-503 of the Illinois Vehicle Code or a similar provision of 29 a local ordinance, or for a violation of Section 12-3.2, 30 12-15 or 16A-3 of the Criminal Code of 1961, or probation 31 under Section 10 of the Cannabis Control Act, Section 410 of 32 the Illinois Controlled Substances Act, Section 12-4.3(b)(1) 33 and (2) of the Criminal Code of 1961 (as those provisions 34 existed before their deletion by Public Act 89-313), Section SB745 Enrolled -235- LRB9101253EGfg 1 10-102 of the Illinois Alcoholism and Other Drug Dependency 2 Act when the judgment of conviction has been vacated, Section 3 40-10 of the Alcoholism and Other Drug Abuse and Dependency 4 Act when the judgment of conviction has been vacated, or 5 Section 10 of the Steroid Control Act shall not be expunged 6 from the records of the arresting authority nor impounded by 7 the court until 5 years after termination of probation or 8 supervision. Those records that result from a supervision for 9 a violation of Section 11-501 of the Illinois Vehicle Code or 10 a similar provision of a local ordinance, shall not be 11 expunged. All records set out above may be ordered by the 12 court to be expunged from the records of the arresting 13 authority and impounded by the court after 5 years, but shall 14 not be expunged by the Department, but shall, on court order 15 be sealed by the Department and may be disseminated by the 16 Department only as required by law or to the arresting 17 authority, the State's Attorney, and the court upon a later 18 arrest for the same or a similar offense or for the purpose 19 of sentencing for any subsequent felony. Upon conviction for 20 any offense, the Department of Corrections shall have access 21 to all sealed records of the Department pertaining to that 22 individual. 23 (b) Whenever a person has been convicted of a crime or 24 of the violation of a municipal ordinance, in the name of a 25 person whose identity he has stolen or otherwise come into 26 possession of, the aggrieved person from whom the identity 27 was stolen or otherwise obtained without authorization, upon 28 learning of the person having been arrested using his 29 identity, may, upon verified petition to the chief judge of 30 the circuit wherein the arrest was made, have a court order 31 entered nunc pro tunc by the chief judge to correct the 32 arrest record, conviction record, if any, and all official 33 records of the arresting authority, the Department, other 34 criminal justice agencies, the prosecutor, and the trial SB745 Enrolled -236- LRB9101253EGfg 1 court concerning such arrest, if any, by removing his name 2 from all such records in connection with the arrest and 3 conviction, if any, and by inserting in the records the name 4 of the offender, if known or ascertainable, in lieu of the 5 aggrieved's name. The records of the clerk of the circuit 6 court clerk shall be sealed until further order of the court 7 upon good cause shown and the name of the aggrieved person 8 obliterated on the official index required to be kept by the 9 circuit court clerk under Section 16 of the Clerks of Courts 10 Act, but the order shall not affect any index issued by the 11 circuit court clerk before the entry of the order. Nothing in 12 this Section shall limit the Department of State Police or 13 other criminal justice agencies or prosecutors from listing 14 under an offender's name the false names he or she has used. 15 For purposes of this Section, convictions for moving and 16 no