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92_SB1854eng SB1854 Engrossed LRB9215370EGfg 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 2002 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 In certain cases in which a repealed Act or 15 Section has been replaced with a successor law, this Act 16 incorporates amendments to the repealed Act or Section into 17 the successor law.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 reconcile the different versions of the 24 Section found in the Public Acts included in the list of 25 sources, but may not include other versions of the Section to 26 be found in Public Acts not included in the list of sources. 27 The list of sources is not a part of the text of the Section. 28 (d) Public Acts 91-937 through 92-520 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. SB1854 Engrossed -2- LRB9215370EGfg 1 Section 4. The Regulatory Sunset Act is amended by 2 changing Sections 4.13 and 4.22 as follows: 3 (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) 4 Sec. 4.13. Acts repealed on December 31, 2002. The 5 following Acts are repealed on December 31, 2002: 6 The Environmental Health Practitioner Licensing Act. 7 The Naprapathic Practice Act. 8 The Wholesale Drug Distribution Licensing Act. 9 The Dietetic and Nutrition Services Practice Act. 10 The Funeral Directors and Embalmers Licensing Code. 11 The Professional Counselor and Clinical Professional 12 Counselor Licensing Act. 13 (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.) 14 (5 ILCS 80/4.22) 15 Sec. 4.22. ActsActrepealed on January 1, 2012. The 16 following Acts areAct isrepealed on January 1, 2012:.17 The Detection of Deception Examiners Act. 18 The Home Inspector License Act. 19 The Interior Design Title Act. 20 The Professional Boxing Act. 21 The Real Estate AppraiserAppraisersLicensing Act of 22 2002. 23 The Water Well and Pump Installation Contractor's License 24 Act. 25 (Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02; 26 92-239, eff. 8-3-01; 92-453, eff. 8-21-01; 92-499, eff. 27 1-1-02; 92-500, eff. 12-18-01; revised 12-26-01.) 28 (5 ILCS 80/4.12 rep.) (from Ch. 127, par. 1904.12) 29 Section. 5. The Regulatory Sunset Act is amended by 30 repealing Section 4.12. SB1854 Engrossed -3- LRB9215370EGfg 1 Section 6. The Illinois Administrative Procedure Act is 2 amended by renumbering Section 90 (as added by P.A. 92-405) 3 as follows: 4 (5 ILCS 100/1-90) 5 Sec. 1-90.90.Rulemaking. 6 (a) "Rulemaking" means the process and required 7 documentation for the adoption of Illinois Administrative 8 Code text. 9 (b) Required documentation. 10 (1) At the time of original proposal, rulemaking 11 documentation must consist of a notice page and new, 12 amendatory, or repealed text. New, repealed, and 13 amendatory text must be depicted in the manner required 14 by Secretary of State rule. Amendatory rulemakings must 15 indicate text deletion by striking through all text that 16 is to be omitted and must indicate text addition by 17 underlining all new text. 18 (2) At the time of adoption, documentation must 19 also include pages indicating the text of the new rule, 20 without striking and underlining, for inclusion in the 21 official Secretary of State records, the certification 22 required under Section 5-65(a), and any additional 23 documentation required by Secretary of State rule. 24 (3) For a required rulemaking adopted under Section 25 5-15, an emergency rulemaking under Section 5-45, or a 26 peremptory rulemaking under Section 5-50, the 27 documentation requirements of paragraphs (b)(1) and (2) 28 of this Section apply at the time of adoption. 29 (c) "Background text" means existing text of the 30 Illinois Administrative Code that is part of a rulemaking but 31 is not being amended by the rulemaking. Background text in 32 rulemaking documentation shall match the current text of the 33 Illinois Administrative Code. SB1854 Engrossed -4- LRB9215370EGfg 1 (d) No material that was originally proposed in one 2 rulemaking may be combined with another proposed rulemaking 3 that was initially published without that material. However, 4 this does not preclude separate rulemakings from being 5 combined for publication at the time of adoption as 6 authorized by Secretary of State rule. 7 (Source: P.A. 92-405, eff. 8-16-01; revised 8-21-01.) 8 Section 7. The Freedom of Information Act is amended by 9 changing Sections 2 and 7 as follows: 10 (5 ILCS 140/2) (from Ch. 116, par. 202) 11 Sec. 2. Definitions. As used in this Act: 12 (a) "Public body" means any legislative, executive, 13 administrative, or advisory bodies of the State, state 14 universities and colleges, counties, townships, cities, 15 villages, incorporated towns, school districts and all other 16 municipal corporations, boards, bureaus, committees, or 17 commissions of this State, and any subsidiary bodies of any 18 of the foregoing including but not limited to committees and 19 subcommittees which are supported in whole or in part by tax 20 revenue, or which expend tax revenue. "Public body" does not 21 include a child death review team or the Illinois Child Death 22 Review Teams Executive Council established under the Child 23 Death Review Team Act. 24 (b) "Person" means any individual, corporation, 25 partnership, firm, organization or association, acting 26 individually or as a group. 27 (c) "Public records" means all records, reports, forms, 28 writings, letters, memoranda, books, papers, maps, 29 photographs, microfilms, cards, tapes, recordings, electronic 30 data processing records, recorded information and all other 31 documentary materials, regardless of physical form or 32 characteristics, having been prepared, or having been or SB1854 Engrossed -5- LRB9215370EGfg 1 being used, received, possessed or under the control of any 2 public body. "Public records" includes, but is expressly not 3 limited to: (i) administrative manuals, procedural rules, 4 and instructions to staff, unless exempted by Section 7(p) of 5 this Act; (ii) final opinions and orders made in the 6 adjudication of cases, except an educational institution's 7 adjudication of student or employee grievance or disciplinary 8 cases; (iii) substantive rules; (iv) statements and 9 interpretations of policy which have been adopted by a public 10 body; (v) final planning policies, recommendations, and 11 decisions; (vi) factual reports, inspection reports, and 12 studies whether prepared by or for the public body; (vii) all 13 information in any account, voucher, or contract dealing with 14 the receipt or expenditure of public or other funds of public 15 bodies; (viii) the names, salaries, titles, and dates of 16 employment of all employees and officers of public bodies; 17 (ix) materials containing opinions concerning the rights of 18 the state, the public, a subdivision of state or a local 19 government, or of any private persons; (x) the name of every 20 official and the final records of voting in all proceedings 21 of public bodies; (xi) applications for any contract, permit, 22 grant, or agreement except as exempted from disclosure by 23 subsection (g) of Section 7 of this Act; (xii) each report, 24 document, study, or publication prepared by independent 25 consultants or other independent contractors for the public 26 body; (xiii) all other information required by law to be made 27 available for public inspection or copying; (xiv) information 28 relating to any grant or contract made by or between a public 29 body and another public body or private organization; (xv) 30 waiver documents filed with the State Superintendent of 31 Education or the president of the University of Illinois 32 under Section 30-12.5 of the School Code, concerning nominees 33 for General Assembly scholarships under Sections 30-9, 30-10, 34 and 30-11 of the School Code; (xvi) complaints, results of SB1854 Engrossed -6- LRB9215370EGfg 1 complaints, and Department of Children and Family Services 2 staff findings of licensing violations at day care 3 facilities, provided that personal and identifying 4 information is not released; and (xvii) records, reports, 5 forms, writings, letters, memoranda, books, papers, and other 6 documentary information, regardless of physical form or 7 characteristics, having been prepared, or having been or 8 being used, received, possessed, or under the control of the 9 Illinois Sports Facilities Authority dealing with the receipt 10 or expenditure of public funds or other funds of the 11 Authority in connection with the reconstruction, renovation, 12 remodeling, extension, or improvement of all or substantially 13 all of an existing "facility" as that term is defined in the 14 Illinois Sports Facilities Authority Act. 15 (d) "Copying" means the reproduction of any public 16 record by means of any photographic, electronic, mechanical 17 or other process, device or means. 18 (e) "Head of the public body" means the president, 19 mayor, chairman, presiding officer, director, superintendent, 20 manager, supervisor or individual otherwise holding primary 21 executive and administrative authority for the public body, 22 or such person's duly authorized designee. 23 (f) "News media" means a newspaper or other periodical 24 issued at regular intervals whether in print or electronic 25 format, a news service whether in print or electronic format, 26 a radio station, a television station, a television network, 27 a community antenna television service, or a person or 28 corporation engaged in making news reels or other motion 29 picture news for public showing. 30 (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01; 31 92-468, eff. 8-22-01; revised 10-10-01.) 32 (5 ILCS 140/7) (from Ch. 116, par. 207) 33 Sec. 7. Exemptions. SB1854 Engrossed -7- LRB9215370EGfg 1 (1) The following shall be exempt from inspection and 2 copying: 3 (a) Information specifically prohibited from 4 disclosure by federal or State law or rules and 5 regulations adopted under federal or State law. 6 (b) Information that, if disclosed, would 7 constitute a clearly unwarranted invasion of personal 8 privacy, unless the disclosure is consented to in writing 9 by the individual subjects of the information. The 10 disclosure of information that bears on the public duties 11 of public employees and officials shall not be considered 12 an invasion of personal privacy. Information exempted 13 under this subsection (b) shall include but is not 14 limited to: 15 (i) files and personal information maintained 16 with respect to clients, patients, residents, 17 students or other individuals receiving social, 18 medical, educational, vocational, financial, 19 supervisory or custodial care or services directly 20 or indirectly from federal agencies or public 21 bodies; 22 (ii) personnel files and personal information 23 maintained with respect to employees, appointees or 24 elected officials of any public body or applicants 25 for those positions; 26 (iii) files and personal information 27 maintained with respect to any applicant, registrant 28 or licensee by any public body cooperating with or 29 engaged in professional or occupational 30 registration, licensure or discipline; 31 (iv) information required of any taxpayer in 32 connection with the assessment or collection of any 33 tax unless disclosure is otherwise required by State 34 statute; and SB1854 Engrossed -8- LRB9215370EGfg 1 (v) information revealing the identity of 2 persons who file complaints with or provide 3 information to administrative, investigative, law 4 enforcement or penal agencies; provided, however, 5 that identification of witnesses to traffic 6 accidents, traffic accident reports, and rescue 7 reports may be provided by agencies of local 8 government, except in a case for which a criminal 9 investigation is ongoing, without constituting a 10 clearly unwarranted per se invasion of personal 11 privacy under this subsection. 12 (c) Records compiled by any public body for 13 administrative enforcement proceedings and any law 14 enforcement or correctional agency for law enforcement 15 purposes or for internal matters of a public body, but 16 only to the extent that disclosure would: 17 (i) interfere with pending or actually and 18 reasonably contemplated law enforcement proceedings 19 conducted by any law enforcement or correctional 20 agency; 21 (ii) interfere with pending administrative 22 enforcement proceedings conducted by any public 23 body; 24 (iii) deprive a person of a fair trial or an 25 impartial hearing; 26 (iv) unavoidably disclose the identity of a 27 confidential source or confidential information 28 furnished only by the confidential source; 29 (v) disclose unique or specialized 30 investigative techniques other than those generally 31 used and known or disclose internal documents of 32 correctional agencies related to detection, 33 observation or investigation of incidents of crime 34 or misconduct; SB1854 Engrossed -9- LRB9215370EGfg 1 (vi) constitute an invasion of personal 2 privacy under subsection (b) of this Section; 3 (vii) endanger the life or physical safety of 4 law enforcement personnel or any other person; or 5 (viii) obstruct an ongoing criminal 6 investigation. 7 (d) Criminal history record information maintained 8 by State or local criminal justice agencies, except the 9 following which shall be open for public inspection and 10 copying: 11 (i) chronologically maintained arrest 12 information, such as traditional arrest logs or 13 blotters; 14 (ii) the name of a person in the custody of a 15 law enforcement agency and the charges for which 16 that person is being held; 17 (iii) court records that are public; 18 (iv) records that are otherwise available 19 under State or local law; or 20 (v) records in which the requesting party is 21 the individual identified, except as provided under 22 part (vii) of paragraph (c) of subsection (1) of 23 this Section. 24 "Criminal history record information" means data 25 identifiable to an individual and consisting of 26 descriptions or notations of arrests, detentions, 27 indictments, informations, pre-trial proceedings, trials, 28 or other formal events in the criminal justice system or 29 descriptions or notations of criminal charges (including 30 criminal violations of local municipal ordinances) and 31 the nature of any disposition arising therefrom, 32 including sentencing, court or correctional supervision, 33 rehabilitation and release. The term does not apply to 34 statistical records and reports in which individuals are SB1854 Engrossed -10- LRB9215370EGfg 1 not identified and from which their identities are not 2 ascertainable, or to information that is for criminal 3 investigative or intelligence purposes. 4 (e) Records that relate to or affect the security 5 of correctional institutions and detention facilities. 6 (f) Preliminary drafts, notes, recommendations, 7 memoranda and other records in which opinions are 8 expressed, or policies or actions are formulated, except 9 that a specific record or relevant portion of a record 10 shall not be exempt when the record is publicly cited and 11 identified by the head of the public body. The exemption 12 provided in this paragraph (f) extends to all those 13 records of officers and agencies of the General Assembly 14 that pertain to the preparation of legislative documents. 15 (g) Trade secrets and commercial or financial 16 information obtained from a person or business where the 17 trade secrets or information are proprietary, privileged 18 or confidential, or where disclosure of the trade secrets 19 or information may cause competitive harm, including all 20 information determined to be confidential under Section 21 4002 of the Technology Advancement and Development Act. 22 Nothing contained in this paragraph (g) shall be 23 construed to prevent a person or business from consenting 24 to disclosure. 25 (h) Proposals and bids for any contract, grant, or 26 agreement, including information which if it were 27 disclosed would frustrate procurement or give an 28 advantage to any person proposing to enter into a 29 contractor agreement with the body, until an award or 30 final selection is made. Information prepared by or for 31 the body in preparation of a bid solicitation shall be 32 exempt until an award or final selection is made. 33 (i) Valuable formulae, computer graphic systems, 34 designs, drawings and research data obtained or produced SB1854 Engrossed -11- LRB9215370EGfg 1 by any public body when disclosure could reasonably be 2 expected to produce private gain or public loss. 3 (j) Test questions, scoring keys and other 4 examination data used to administer an academic 5 examination or determined the qualifications of an 6 applicant for a license or employment. 7 (k) Architects' plans and engineers' technical 8 submissions for projects not constructed or developed in 9 whole or in part with public funds and for projects 10 constructed or developed with public funds, to the extent 11 that disclosure would compromise security. 12 (l) Library circulation and order records 13 identifying library users with specific materials. 14 (m) Minutes of meetings of public bodies closed to 15 the public as provided in the Open Meetings Act until the 16 public body makes the minutes available to the public 17 under Section 2.06 of the Open Meetings Act. 18 (n) Communications between a public body and an 19 attorney or auditor representing the public body that 20 would not be subject to discovery in litigation, and 21 materials prepared or compiled by or for a public body in 22 anticipation of a criminal, civil or administrative 23 proceeding upon the request of an attorney advising the 24 public body, and materials prepared or compiled with 25 respect to internal audits of public bodies. 26 (o) Information received by a primary or secondary 27 school, college or university under its procedures for 28 the evaluation of faculty members by their academic 29 peers. 30 (p) Administrative or technical information 31 associated with automated data processing operations, 32 including but not limited to software, operating 33 protocols, computer program abstracts, file layouts, 34 source listings, object modules, load modules, user SB1854 Engrossed -12- LRB9215370EGfg 1 guides, documentation pertaining to all logical and 2 physical design of computerized systems, employee 3 manuals, and any other information that, if disclosed, 4 would jeopardize the security of the system or its data 5 or the security of materials exempt under this Section. 6 (q) Documents or materials relating to collective 7 negotiating matters between public bodies and their 8 employees or representatives, except that any final 9 contract or agreement shall be subject to inspection and 10 copying. 11 (r) Drafts, notes, recommendations and memoranda 12 pertaining to the financing and marketing transactions of 13 the public body. The records of ownership, registration, 14 transfer, and exchange of municipal debt obligations, and 15 of persons to whom payment with respect to these 16 obligations is made. 17 (s) The records, documents and information relating 18 to real estate purchase negotiations until those 19 negotiations have been completed or otherwise terminated. 20 With regard to a parcel involved in a pending or actually 21 and reasonably contemplated eminent domain proceeding 22 under Article VII of the Code of Civil Procedure, 23 records, documents and information relating to that 24 parcel shall be exempt except as may be allowed under 25 discovery rules adopted by the Illinois Supreme Court. 26 The records, documents and information relating to a real 27 estate sale shall be exempt until a sale is consummated. 28 (t) Any and all proprietary information and records 29 related to the operation of an intergovernmental risk 30 management association or self-insurance pool or jointly 31 self-administered health and accident cooperative or 32 pool. 33 (u) Information concerning a university's 34 adjudication of student or employee grievance or SB1854 Engrossed -13- LRB9215370EGfg 1 disciplinary cases, to the extent that disclosure would 2 reveal the identity of the student or employee and 3 information concerning any public body's adjudication of 4 student or employee grievances or disciplinary cases, 5 except for the final outcome of the cases. 6 (v) Course materials or research materials used by 7 faculty members. 8 (w) Information related solely to the internal 9 personnel rules and practices of a public body. 10 (x) Information contained in or related to 11 examination, operating, or condition reports prepared by, 12 on behalf of, or for the use of a public body responsible 13 for the regulation or supervision of financial 14 institutions or insurance companies, unless disclosure is 15 otherwise required by State law. 16 (y) Information the disclosure of which is 17 restricted under Section 5-108 of the Public Utilities 18 Act. 19 (z) Manuals or instruction to staff that relate to 20 establishment or collection of liability for any State 21 tax or that relate to investigations by a public body to 22 determine violation of any criminal law. 23 (aa) Applications, related documents, and medical 24 records received by the Experimental Organ 25 Transplantation Procedures Board and any and all 26 documents or other records prepared by the Experimental 27 Organ Transplantation Procedures Board or its staff 28 relating to applications it has received. 29 (bb) Insurance or self insurance (including any 30 intergovernmental risk management association or self 31 insurance pool) claims, loss or risk management 32 information, records, data, advice or communications. 33 (cc) Information and records held by the Department 34 of Public Health and its authorized representatives SB1854 Engrossed -14- LRB9215370EGfg 1 relating to known or suspected cases of sexually 2 transmissible disease or any information the disclosure 3 of which is restricted under the Illinois Sexually 4 Transmissible Disease Control Act. 5 (dd) Information the disclosure of which is 6 exempted under Section 30 of the Radon Industry Licensing 7 Act. 8 (ee) Firm performance evaluations under Section 55 9 of the Architectural, Engineering, and Land Surveying 10 Qualifications Based Selection Act. 11 (ff) Security portions of system safety program 12 plans, investigation reports, surveys, schedules, lists, 13 data, or information compiled, collected, or prepared by 14 or for the Regional Transportation Authority under 15 Section 2.11 of the Regional Transportation Authority Act 16 or the St. Clair County Transit District under the 17 Bi-State Transit Safety Act. 18 (gg) Information the disclosure of which is 19 restricted and exempted under Section 50 of the Illinois 20 Prepaid Tuition Act. 21 (hh) Information the disclosure of which is 22 exempted under Section 80 of the State Gift Ban Act. 23 (ii) Beginning July 1, 1999, information that would 24 disclose or might lead to the disclosure of secret or 25 confidential information, codes, algorithms, programs, or 26 private keys intended to be used to create electronic or 27 digital signatures under the Electronic Commerce Security 28 Act. 29 (jj) Information contained in a local emergency 30 energy plan submitted to a municipality in accordance 31 with a local emergency energy plan ordinance that is 32 adopted under Section 11-21.5-5 of the Illinois Municipal 33 Code. 34 (kk) Information and data concerning the SB1854 Engrossed -15- LRB9215370EGfg 1 distribution of surcharge moneys collected and remitted 2 by wireless carriers under the Wireless Emergency 3 Telephone Safety Act. 4 (2) This Section does not authorize withholding of 5 information or limit the availability of records to the 6 public, except as stated in this Section or otherwise 7 provided in this Act. 8 (Source: P.A. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99; 9 91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff. 10 8-3-01; 92-281, eff. 8-7-01; revised 10-2-01.) 11 Section 8. The State Employees Group Insurance Act of 12 1971 is amended by changing Section 3 as follows: 13 (5 ILCS 375/3) (from Ch. 127, par. 523) 14 Sec. 3. Definitions. Unless the context otherwise 15 requires, the following words and phrases as used in this Act 16 shall have the following meanings. The Department may define 17 these and other words and phrases separately for the purpose 18 of implementing specific programs providing benefits under 19 this Act. 20 (a) "Administrative service organization" means any 21 person, firm or corporation experienced in the handling of 22 claims which is fully qualified, financially sound and 23 capable of meeting the service requirements of a contract of 24 administration executed with the Department. 25 (b) "Annuitant" means (1) an employee who retires, or 26 has retired, on or after January 1, 1966 on an immediate 27 annuity under the provisions of Articles 2, 14, 15 (including 28 an employee who has retired under the optional retirement 29 program established under Section 15-158.2), paragraphs (2), 30 (3), or (5) of Section 16-106, or Article 18 of the Illinois 31 Pension Code; (2) any person who was receiving group 32 insurance coverage under this Act as of March 31, 1978 by SB1854 Engrossed -16- LRB9215370EGfg 1 reason of his status as an annuitant, even though the annuity 2 in relation to which such coverage was provided is a 3 proportional annuity based on less than the minimum period of 4 service required for a retirement annuity in the system 5 involved; (3) any person not otherwise covered by this Act 6 who has retired as a participating member under Article 2 of 7 the Illinois Pension Code but is ineligible for the 8 retirement annuity under Section 2-119 of the Illinois 9 Pension Code; (4) the spouse of any person who is receiving a 10 retirement annuity under Article 18 of the Illinois Pension 11 Code and who is covered under a group health insurance 12 program sponsored by a governmental employer other than the 13 State of Illinois and who has irrevocably elected to waive 14 his or her coverage under this Act and to have his or her 15 spouse considered as the "annuitant" under this Act and not 16 as a "dependent"; or (5) an employee who retires, or has 17 retired, from a qualified position, as determined according 18 to rules promulgated by the Director, under a qualified local 19 government or a qualified rehabilitation facility or a 20 qualified domestic violence shelter or service. (For 21 definition of "retired employee", see (p) post). 22 (b-5) "New SERS annuitant" means a person who, on or 23 after January 1, 1998, becomes an annuitant, as defined in 24 subsection (b), by virtue of beginning to receive a 25 retirement annuity under Article 14 of the Illinois Pension 26 Code, and is eligible to participate in the basic program of 27 group health benefits provided for annuitants under this Act. 28 (b-6) "New SURS annuitant" means a person who (1) on or 29 after January 1, 1998, becomes an annuitant, as defined in 30 subsection (b), by virtue of beginning to receive a 31 retirement annuity under Article 15 of the Illinois Pension 32 Code, (2) has not made the election authorized under Section 33 15-135.1 of the Illinois Pension Code, and (3) is eligible to 34 participate in the basic program of group health benefits SB1854 Engrossed -17- LRB9215370EGfg 1 provided for annuitants under this Act. 2 (b-7) "New TRS State annuitant" means a person who, on 3 or after July 1, 1998, becomes an annuitant, as defined in 4 subsection (b), by virtue of beginning to receive a 5 retirement annuity under Article 16 of the Illinois Pension 6 Code based on service as a teacher as defined in paragraph 7 (2), (3), or (5) of Section 16-106 of that Code, and is 8 eligible to participate in the basic program of group health 9 benefits provided for annuitants under this Act. 10 (c) "Carrier" means (1) an insurance company, a 11 corporation organized under the Limited Health Service 12 Organization Act or the Voluntary Health Services Plan Act, a 13 partnership, or other nongovernmental organization, which is 14 authorized to do group life or group health insurance 15 business in Illinois, or (2) the State of Illinois as a 16 self-insurer. 17 (d) "Compensation" means salary or wages payable on a 18 regular payroll by the State Treasurer on a warrant of the 19 State Comptroller out of any State, trust or federal fund, or 20 by the Governor of the State through a disbursing officer of 21 the State out of a trust or out of federal funds, or by any 22 Department out of State, trust, federal or other funds held 23 by the State Treasurer or the Department, to any person for 24 personal services currently performed, and ordinary or 25 accidental disability benefits under Articles 2, 14, 15 26 (including ordinary or accidental disability benefits under 27 the optional retirement program established under Section 28 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or 29 Article 18 of the Illinois Pension Code, for disability 30 incurred after January 1, 1966, or benefits payable under the 31 Workers' Compensation or Occupational Diseases Act or 32 benefits payable under a sick pay plan established in 33 accordance with Section 36 of the State Finance Act. 34 "Compensation" also means salary or wages paid to an employee SB1854 Engrossed -18- LRB9215370EGfg 1 of any qualified local government or qualified rehabilitation 2 facility or a qualified domestic violence shelter or service. 3 (e) "Commission" means the State Employees Group 4 Insurance Advisory Commission authorized by this Act. 5 Commencing July 1, 1984, "Commission" as used in this Act 6 means the Illinois Economic and Fiscal Commission as 7 established by the Legislative Commission Reorganization Act 8 of 1984. 9 (f) "Contributory", when referred to as contributory 10 coverage, shall mean optional coverages or benefits elected 11 by the member toward the cost of which such member makes 12 contribution, or which are funded in whole or in part through 13 the acceptance of a reduction in earnings or the foregoing of 14 an increase in earnings by an employee, as distinguished from 15 noncontributory coverage or benefits which are paid entirely 16 by the State of Illinois without reduction of the member's 17 salary. 18 (g) "Department" means any department, institution, 19 board, commission, officer, court or any agency of the State 20 government receiving appropriations and having power to 21 certify payrolls to the Comptroller authorizing payments of 22 salary and wages against such appropriations as are made by 23 the General Assembly from any State fund, or against trust 24 funds held by the State Treasurer and includes boards of 25 trustees of the retirement systems created by Articles 2, 14, 26 15, 16 and 18 of the Illinois Pension Code. "Department" 27 also includes the Illinois Comprehensive Health Insurance 28 Board, the Board of Examiners established under the Illinois 29 Public Accounting Act, and the Illinois Rural Bond Bank. 30 (h) "Dependent", when the term is used in the context of 31 the health and life plan, means a member's spouse and any 32 unmarried child (1) from birth to age 19 including an adopted 33 child, a child who lives with the member from the time of the 34 filing of a petition for adoption until entry of an order of SB1854 Engrossed -19- LRB9215370EGfg 1 adoption, a stepchild or recognized child who lives with the 2 member in a parent-child relationship, or a child who lives 3 with the member if such member is a court appointed guardian 4 of the child, or (2) age 19 to 23 enrolled as a full-time 5 student in any accredited school, financially dependent upon 6 the member, and eligible to be claimed as a dependent for 7 income tax purposes, or (3) age 19 or over who is mentally or 8 physically handicapped. For the health plan only, the term 9 "dependent" also includes any person enrolled prior to the 10 effective date of this Section who is dependent upon the 11 member to the extent that the member may claim such person as 12 a dependent for income tax deduction purposes; no other such 13 person may be enrolled. For the health plan only, the term 14 "dependent" also includes any person who has received after 15 June 30, 2000 an organ transplant and who is financially 16 dependent upon the member and eligible to be claimed as a 17 dependent for income tax purposes. 18 (i) "Director" means the Director of the Illinois 19 Department of Central Management Services. 20 (j) "Eligibility period" means the period of time a 21 member has to elect enrollment in programs or to select 22 benefits without regard to age, sex or health. 23 (k) "Employee" means and includes each officer or 24 employee in the service of a department who (1) receives his 25 compensation for service rendered to the department on a 26 warrant issued pursuant to a payroll certified by a 27 department or on a warrant or check issued and drawn by a 28 department upon a trust, federal or other fund or on a 29 warrant issued pursuant to a payroll certified by an elected 30 or duly appointed officer of the State or who receives 31 payment of the performance of personal services on a warrant 32 issued pursuant to a payroll certified by a Department and 33 drawn by the Comptroller upon the State Treasurer against 34 appropriations made by the General Assembly from any fund or SB1854 Engrossed -20- LRB9215370EGfg 1 against trust funds held by the State Treasurer, and (2) is 2 employed full-time or part-time in a position normally 3 requiring actual performance of duty during not less than 1/2 4 of a normal work period, as established by the Director in 5 cooperation with each department, except that persons elected 6 by popular vote will be considered employees during the 7 entire term for which they are elected regardless of hours 8 devoted to the service of the State, and (3) except that 9 "employee" does not include any person who is not eligible by 10 reason of such person's employment to participate in one of 11 the State retirement systems under Articles 2, 14, 15 (either 12 the regular Article 15 system or the optional retirement 13 program established under Section 15-158.2) or 18, or under 14 paragraph (2), (3), or (5) of Section 16-106, of the Illinois 15 Pension Code, but such term does include persons who are 16 employed during the 6 month qualifying period under Article 17 14 of the Illinois Pension Code. Such term also includes any 18 person who (1) after January 1, 1966, is receiving ordinary 19 or accidental disability benefits under Articles 2, 14, 15 20 (including ordinary or accidental disability benefits under 21 the optional retirement program established under Section 22 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or 23 Article 18 of the Illinois Pension Code, for disability 24 incurred after January 1, 1966, (2) receives total permanent 25 or total temporary disability under the Workers' Compensation 26 Act or Occupational Disease Act as a result of injuries 27 sustained or illness contracted in the course of employment 28 with the State of Illinois, or (3) is not otherwise covered 29 under this Act and has retired as a participating member 30 under Article 2 of the Illinois Pension Code but is 31 ineligible for the retirement annuity under Section 2-119 of 32 the Illinois Pension Code. However, a person who satisfies 33 the criteria of the foregoing definition of "employee" except 34 that such person is made ineligible to participate in the SB1854 Engrossed -21- LRB9215370EGfg 1 State Universities Retirement System by clause (4) of 2 subsection (a) of Section 15-107 of the Illinois Pension Code 3 is also an "employee" for the purposes of this Act. 4 "Employee" also includes any person receiving or eligible for 5 benefits under a sick pay plan established in accordance with 6 Section 36 of the State Finance Act. "Employee" also includes 7 each officer or employee in the service of a qualified local 8 government, including persons appointed as trustees of 9 sanitary districts regardless of hours devoted to the service 10 of the sanitary district, and each employee in the service of 11 a qualified rehabilitation facility and each full-time 12 employee in the service of a qualified domestic violence 13 shelter or service, as determined according to rules 14 promulgated by the Director. 15 (l) "Member" means an employee, annuitant, retired 16 employee or survivor. 17 (m) "Optional coverages or benefits" means those 18 coverages or benefits available to the member on his or her 19 voluntary election, and at his or her own expense. 20 (n) "Program" means the group life insurance, health 21 benefits and other employee benefits designed and contracted 22 for by the Director under this Act. 23 (o) "Health plan" means a health benefits program 24 offered by the State of Illinois for persons eligible for the 25 plan. 26 (p) "Retired employee" means any person who would be an 27 annuitant as that term is defined herein but for the fact 28 that such person retired prior to January 1, 1966. Such term 29 also includes any person formerly employed by the University 30 of Illinois in the Cooperative Extension Service who would be 31 an annuitant but for the fact that such person was made 32 ineligible to participate in the State Universities 33 Retirement System by clause (4) of subsection (a) of Section 34 15-107 of the Illinois Pension Code. SB1854 Engrossed -22- LRB9215370EGfg 1 (q) "Survivor" means a person receiving an annuity as a 2 survivor of an employee or of an annuitant. "Survivor" also 3 includes: (1) the surviving dependent of a person who 4 satisfies the definition of "employee" except that such 5 person is made ineligible to participate in the State 6 Universities Retirement System by clause (4) of subsection 7 (a) of Section 15-107 of the Illinois Pension Code; and (2) 8 the surviving dependent of any person formerly employed by 9 the University of Illinois in the Cooperative Extension 10 Service who would be an annuitant except for the fact that 11 such person was made ineligible to participate in the State 12 Universities Retirement System by clause (4) of subsection 13 (a) of Section 15-107 of the Illinois Pension Code. 14 (q-5) "New SERS survivor" means a survivor, as defined 15 in subsection (q), whose annuity is paid under Article 14 of 16 the Illinois Pension Code and is based on the death of (i) an 17 employee whose death occurs on or after January 1, 1998, or 18 (ii) a new SERS annuitant as defined in subsection (b-5). 19 (q-6) "New SURS survivor" means a survivor, as defined 20 in subsection (q), whose annuity is paid under Article 15 of 21 the Illinois Pension Code and is based on the death of (i) an 22 employee whose death occurs on or after January 1, 1998, or 23 (ii) a new SURS annuitant as defined in subsection (b-6). 24 (q-7) "New TRS State survivor" means a survivor, as 25 defined in subsection (q), whose annuity is paid under 26 Article 16 of the Illinois Pension Code and is based on the 27 death of (i) an employee who is a teacher as defined in 28 paragraph (2), (3), or (5) of Section 16-106 of that Code and 29 whose death occurs on or after July 1, 1998, or (ii) a new 30 TRS State annuitant as defined in subsection (b-7). 31 (r) "Medical services" means the services provided 32 within the scope of their licenses by practitioners in all 33 categories licensed under the Medical Practice Act of 1987. 34 (s) "Unit of local government" means any county, SB1854 Engrossed -23- LRB9215370EGfg 1 municipality, township, school district (including a 2 combination of school districts under the Intergovernmental 3 Cooperation Act), special district or other unit, designated 4 as a unit of local government by law, which exercises limited 5 governmental powers or powers in respect to limited 6 governmental subjects, any not-for-profit association with a 7 membership that primarily includes townships and township 8 officials, that has duties that include provision of research 9 service, dissemination of information, and other acts for the 10 purpose of improving township government, and that is funded 11 wholly or partly in accordance with Section 85-15 of the 12 Township Code; any not-for-profit corporation or association, 13 with a membership consisting primarily of municipalities, 14 that operates its own utility system, and provides research, 15 training, dissemination of information, or other acts to 16 promote cooperation between and among municipalities that 17 provide utility services and for the advancement of the goals 18 and purposes of its membership; the Southern Illinois 19 Collegiate Common Market, which is a consortium of higher 20 education institutions in Southern Illinois; and the Illinois 21 Association of Park Districts. "Qualified local government" 22 means a unit of local government approved by the Director and 23 participating in a program created under subsection (i) of 24 Section 10 of this Act. 25 (t) "Qualified rehabilitation facility" means any 26 not-for-profit organization that is accredited by the 27 Commission on Accreditation of Rehabilitation Facilities or 28 certified by the Department of Human Services (as successor 29 to the Department of Mental Health and Developmental 30 Disabilities) to provide services to persons with 31 disabilities and which receives funds from the State of 32 Illinois for providing those services, approved by the 33 Director and participating in a program created under 34 subsection (j) of Section 10 of this Act. SB1854 Engrossed -24- LRB9215370EGfg 1 (u) "Qualified domestic violence shelter or service" 2 means any Illinois domestic violence shelter or service and 3 its administrative offices funded by the Department of Human 4 Services (as successor to the Illinois Department of Public 5 Aid), approved by the Director and participating in a program 6 created under subsection (k) of Section 10. 7 (v) "TRS benefit recipient" means a person who: 8 (1) is not a "member" as defined in this Section; 9 and 10 (2) is receiving a monthly benefit or retirement 11 annuity under Article 16 of the Illinois Pension Code; 12 and 13 (3) either (i) has at least 8 years of creditable 14 service under Article 16 of the Illinois Pension Code, or 15 (ii) was enrolled in the health insurance program offered 16 under that Article on January 1, 1996, or (iii) is the 17 survivor of a benefit recipient who had at least 8 years 18 of creditable service under Article 16 of the Illinois 19 Pension Code or was enrolled in the health insurance 20 program offered under that Article on the effective date 21 of this amendatory Act of 1995, or (iv) is a recipient or 22 survivor of a recipient of a disability benefit under 23 Article 16 of the Illinois Pension Code. 24 (w) "TRS dependent beneficiary" means a person who: 25 (1) is not a "member" or "dependent" as defined in 26 this Section; and 27 (2) is a TRS benefit recipient's: (A) spouse, (B) 28 dependent parent who is receiving at least half of his or 29 her support from the TRS benefit recipient, or (C) 30 unmarried natural or adopted child who is (i) under age 31 19, or (ii) enrolled as a full-time student in an 32 accredited school, financially dependent upon the TRS 33 benefit recipient, eligible to be claimed as a dependent 34 for income tax purposes, and either is under age 24 or SB1854 Engrossed -25- LRB9215370EGfg 1 was, on January 1, 1996, participating as a dependent 2 beneficiary in the health insurance program offered under 3 Article 16 of the Illinois Pension Code, or (iii) age 19 4 or over who is mentally or physically handicapped. 5 (x) "Military leave with pay and benefits" refers to 6 individuals in basic training for reserves, special/advanced 7 training, annual training, emergency call up, or activation 8 by the President of the United States with approved pay and 9 benefits. 10 (y) "Military leave without pay and benefits" refers to 11 individuals who enlist for active duty in a regular component 12 of the U.S. Armed Forces or other duty not specified or 13 authorized under military leave with pay and benefits. 14 (z) "Community college benefit recipient" means a person 15 who: 16 (1) is not a "member" as defined in this Section; 17 and 18 (2) is receiving a monthly survivor's annuity or 19 retirement annuity under Article 15 of the Illinois 20 Pension Code; and 21 (3) either (i) was a full-time employee of a 22 community college district or an association of community 23 college boards created under the Public Community College 24 Act (other than an employee whose last employer under 25 Article 15 of the Illinois Pension Code was a community 26 college district subject to Article VII of the Public 27 Community College Act) and was eligible to participate in 28 a group health benefit plan as an employee during the 29 time of employment with a community college district 30 (other than a community college district subject to 31 Article VII of the Public Community College Act) or an 32 association of community college boards, or (ii) is the 33 survivor of a person described in item (i). 34 (aa) "Community college dependent beneficiary" means a SB1854 Engrossed -26- LRB9215370EGfg 1 person who: 2 (1) is not a "member" or "dependent" as defined in 3 this Section; and 4 (2) is a community college benefit recipient's: (A) 5 spouse, (B) dependent parent who is receiving at least 6 half of his or her support from the community college 7 benefit recipient, or (C) unmarried natural or adopted 8 child who is (i) under age 19, or (ii) enrolled as a 9 full-time student in an accredited school, financially 10 dependent upon the community college benefit recipient, 11 eligible to be claimed as a dependent for income tax 12 purposes and under age 23, or (iii) age 19 or over and 13 mentally or physically handicapped. 14 (Source: P.A. 91-390, eff. 7-30-99; 91-395, eff. 7-30-99; 15 91-617, eff. 8-19-99; 92-16, eff. 6-28-01; 92-186, eff. 16 1-1-02; 92-204, eff. 8-1-01; revised 9-19-01.) 17 Section 9. The Civil Administrative Code of Illinois is 18 amended by changing Section 1-5 as follows: 19 (20 ILCS 5/1-5) 20 Sec. 1-5. Articles. The Civil Administrative Code of 21 Illinois consists of the following Articles: 22 Article 1. General Provisions (20 ILCS 5/1-1 and 23 following). 24 Article 5. Departments of State Government Law (20 ILCS 25 5/5-1 and following). 26 Article 50. State Budget Law (15 ILCS 20/). 27 Article 110. Department on Aging Law (20 ILCS 110/). 28 Article 205. Department of Agriculture Law (20 ILCS 29 205/). 30 Article 250. State Fair Grounds Title Law (5 ILCS 620/). 31 Article 310. Department of Human Services (Alcoholism and 32 Substance Abuse) Law (20 ILCS 310/). SB1854 Engrossed -27- LRB9215370EGfg 1 Article 405. Department of Central Management Services 2 Law (20 ILCS 405/). 3 Article 510. Department of Children and Family Services 4 Powers Law (20 ILCS 510/). 5 Article 605. Department of Commerce and Community Affairs 6 Law (20 ILCS 605/). 7 Article 805. Department of Natural Resources 8 (Conservation) Law (20 ILCS 805/). 9 Article 1005. Department of Employment Security Law (20 10 ILCS 1005/). 11 Article 1405. Department of Insurance Law (20 ILCS 12 1405/). 13 Article 1505. Department of Labor Law (20 ILCS 1505/). 14 Article 1710. Department of Human Services (Mental Health 15 and Developmental Disabilities) Law (20 ILCS 1710/). 16 Article 1905. Department of Natural Resources (Mines and 17 Minerals) Law (20 ILCS 1905/). 18 Article 2005. Department of Nuclear Safety Law (20 ILCS 19 2005/). 20 Article 2105. Department of Professional Regulation Law 21 (20 ILCS 2105/). 22 Article 2205. Department of Public Aid Law (20 ILCS 23 2205/). 24 Article 2310. Department of Public Health Powers and 25 Duties Law (20 ILCS 2310/). 26 Article 2505. Department of Revenue Law (20 ILCS 2505/). 27 Article 2510. Certified Audit Program Law (20 ILCS 28 2510/). 29 Article 2605. Department of State Police Law (20 ILCS 30 2605/). 31 Article 2705. Department of Transportation Law (20 ILCS 32 2705/). 33 Article 3000. University of Illinois Exercise of 34 Functions and Duties Law (110 ILCS 355/). SB1854 Engrossed -28- LRB9215370EGfg 1 (Source: P.A. 91-239, eff. 1-1-00; 92-16, eff. 6-28-01; 2 revised 10-10-01.) 3 Section 10. The Illinois Act on the Aging is amended by 4 changing Section 4.01 as follows: 5 (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01) 6 Sec. 4.01. Additional powers and duties of the 7 Department. In addition to powers and duties otherwise 8 provided by law, the Department shall have the following 9 powers and duties: 10 (1) To evaluate all programs, services, and facilities 11 for the aged and for minority senior citizens within the 12 State and determine the extent to which present public or 13 private programs, services and facilities meet the needs of 14 the aged. 15 (2) To coordinate and evaluate all programs, services, 16 and facilities for the Aging and for minority senior citizens 17 presently furnished by State agencies and make appropriate 18 recommendations regarding such services, programs and 19 facilities to the Governor and/or the General Assembly. 20 (3) To function as the sole State agency to develop a 21 comprehensive plan to meet the needs of the State's senior 22 citizens and the State's minority senior citizens. 23 (4) To receive and disburse State and federal funds made 24 available directly to the Department including those funds 25 made available under the Older Americans Act and the Senior 26 Community Service Employment Program for providing services 27 for senior citizens and minority senior citizens or for 28 purposes related thereto, and shall develop and administer 29 any State Plan for the Aging required by federal law. 30 (5) To solicit, accept, hold, and administer in behalf 31 of the State any grants or legacies of money, securities, or 32 property to the State of Illinois for services to senior SB1854 Engrossed -29- LRB9215370EGfg 1 citizens and minority senior citizens or purposes related 2 thereto. 3 (6) To provide consultation and assistance to 4 communities, area agencies on aging, and groups developing 5 local services for senior citizens and minority senior 6 citizens. 7 (7) To promote community education regarding the 8 problems of senior citizens and minority senior citizens 9 through institutes, publications, radio, television and the 10 local press. 11 (8) To cooperate with agencies of the federal government 12 in studies and conferences designed to examine the needs of 13 senior citizens and minority senior citizens and to prepare 14 programs and facilities to meet those needs. 15 (9) To establish and maintain information and referral 16 sources throughout the State when not provided by other 17 agencies. 18 (10) To provide the staff support as may reasonably be 19 required by the Council and the Coordinating Committee of 20 State Agencies Serving Older Persons. 21 (11) To make and enforce rules and regulations necessary 22 and proper to the performance of its duties. 23 (12) To establish and fund programs or projects or 24 experimental facilities that are specially designed as 25 alternatives to institutional care. 26 (13) To develop a training program to train the 27 counselors presently employed by the Department's aging 28 network to provide Medicare beneficiaries with counseling and 29 advocacy in Medicare, private health insurance, and related 30 health care coverage plans. The Department shall report to 31 the General Assembly on the implementation of the training 32 program on or before December 1, 1986. 33 (14) To make a grant to an institution of higher 34 learning to study the feasibility of establishing and SB1854 Engrossed -30- LRB9215370EGfg 1 implementing an affirmative action employment plan for the 2 recruitment, hiring, training and retraining of persons 60 or 3 more years old for jobs for which their employment would not 4 be precluded by law. 5 (15) To present one award annually in each of the 6 categories of community service, education, the performance 7 and graphic arts, and the labor force to outstanding Illinois 8 senior citizens and minority senior citizens in recognition 9 of their individual contributions to either community 10 service, education, the performance and graphic arts, or the 11 labor force. The awards shall be presented to four senior 12 citizens and minority senior citizens selected from a list of 13 44 nominees compiled annually by the Department. Nominations 14 shall be solicited from senior citizens' service providers, 15 area agencies on aging, senior citizens' centers, and senior 16 citizens' organizations. The Department shall consult with 17 the Coordinating Committee of State Agencies Serving Older 18 Persons to determine which of the nominees shall be the 19 recipient in each category of community service. The 20 Department shall establish a central location within the 21 State to be designated as the Senior Illinoisans Hall of Fame 22 for the public display of all the annual awards, or replicas 23 thereof. 24 (16) To establish multipurpose senior centers through 25 area agencies on aging and to fund those new and existing 26 multipurpose senior centers through area agencies on aging, 27 the establishment and funding to begin in such areas of the 28 State as the Department shall designate by rule and as 29 specifically appropriated funds become available. 30 (17) To develop the content and format of the 31 acknowledgment regarding non-recourse reverse mortgage loans 32 under Section 6.1 of the Illinois Banking Act; to provide 33 independent consumer information on reverse mortgages and 34 alternatives; and to refer consumers to independent SB1854 Engrossed -31- LRB9215370EGfg 1 counseling services with expertise in reverse mortgages. 2 (18) To develop a pamphlet in English and Spanish which 3 may be used by physicians licensed to practice medicine in 4 all of its branches pursuant to the Medical Practice Act of 5 1987, pharmacists licensed pursuant to the Pharmacy Practice 6 Act of 1987, and Illinois residents 65 years of age or older 7 for the purpose of assisting physicians, pharmacists, and 8 patients in monitoring prescriptions provided by various 9 physicians and to aid persons 65 years of age or older in 10 complying with directions for proper use of pharmaceutical 11 prescriptions. The pamphlet may provide space for recording 12 information including but not limited to the following: 13 (a) name and telephone number of the patient; 14 (b) name and telephone number of the prescribing 15 physician; 16 (c) date of prescription; 17 (d) name of drug prescribed; 18 (e) directions for patient compliance; and 19 (f) name and telephone number of dispensing 20 pharmacy. 21 In developing the pamphlet, the Department shall consult 22 with the Illinois State Medical Society, the Center for 23 Minority Health Services, the Illinois Pharmacists 24 Association and senior citizens organizations. The 25 Department shall distribute the pamphlets to physicians, 26 pharmacists and persons 65 years of age or older or various 27 senior citizen organizations throughout the State. 28 (19) To conduct a study by April 1, 1994 of the 29 feasibility of implementing the Senior Companion Program 30 throughout the State for the fiscal year beginning July 1, 31 1994. 32 (20) With respect to contracts in effect on July 1, 33 1994, the Department shall increase the grant amounts so that 34 the reimbursement rates paid through the community care SB1854 Engrossed -32- LRB9215370EGfg 1 program for chore housekeeping services and homemakers are at 2 the same rate, which shall be the higher of the 2 rates 3 currently paid. With respect to all contracts entered into, 4 renewed, or extended on or after July 1, 1994, the 5 reimbursement rates paid through the community care program 6 for chore housekeeping services and homemakers shall be the 7 same. 8 (21) From funds appropriated to the Department from the 9 Meals on Wheels Fund, a special fund in the State treasury 10 that is hereby created, and in accordance with State and 11 federal guidelines and the intrastate funding formula, to 12 make grants to area agencies on aging, designated by the 13 Department, for the sole purpose of delivering meals to 14 homebound persons 60 years of age and older. 15 (22) To distribute, through its area agencies on aging, 16 information alerting seniors on safety issues regarding 17 emergency weather conditions, including extreme heat and 18 cold, flooding, tornadoes, electrical storms, and other 19 severe storm weather. The information shall include all 20 necessary instructions for safety and all emergency telephone 21 numbers of organizations that will provide additional 22 information and assistance. 23 (23) To develop guidelines for the organization and 24 implementation of Volunteer Services Credit Programs to be 25 administered by Area Agencies on Aging or community based 26 senior service organizations. The Department shall hold 27 public hearings on the proposed guidelines for public 28 comment, suggestion, and determination of public interest. 29 The guidelines shall be based on the findings of other states 30 and of community organizations in Illinois that are currently 31 operating volunteer services credit programs or demonstration 32 volunteer services credit programs. The Department shall 33 offer guidelines for all aspects of the programs including, 34 but not limited to, the following: SB1854 Engrossed -33- LRB9215370EGfg 1 (a) types of services to be offered by volunteers; 2 (b) types of services to be received upon the 3 redemption of service credits; 4 (c) issues of liability for the volunteers and the 5 administering organizations; 6 (d) methods of tracking service credits earned and 7 service credits redeemed; 8 (e) issues of time limits for redemption of service 9 credits; 10 (f) methods of recruitment of volunteers; 11 (g) utilization of community volunteers, community 12 service groups, and other resources for delivering 13 services to be received by service credit program 14 clients; 15 (h) accountability and assurance that services will 16 be available to individuals who have earned service 17 credits; and 18 (i) volunteer screening and qualifications. 19 The Department shall submit a written copy of the guidelines 20 to the General Assembly by July 1, 1998. 21 (Source: P.A. 89-249, eff. 8-4-95; 89-580, eff. 1-1-97; 22 90-251, eff. 1-1-98; revised 12-07-01.) 23 Section 11. The Children and Family Services Act is 24 amended by changing Section 7 and setting forth and 25 renumbering multiple versions of Section 5d as follows: 26 (20 ILCS 505/5d) 27 Sec. 5d. The Direct Child Welfare Service Employee 28 License Board. 29 (a) For purposes of this Section: 30 (1) "Board" means the Direct Child Welfare Service 31 Employee License Board. 32 (2) "Director" means the Director of Children and SB1854 Engrossed -34- LRB9215370EGfg 1 Family Services. 2 (b) The Direct Child Welfare Service Employee License 3 Board is created within the Department of Children and Family 4 Services and shall consist of 9 members appointed by the 5 Director. The Director shall annually designate a 6 chairperson and vice-chairperson of the Board. The 7 membership of the Board must be composed as follows: (i) 5 8 licensed professionals from the field of human services with 9 a human services degree or equivalent course work as required 10 by rule of the Department and who are in good standing within 11 their profession, at least 2 of which must be employed in the 12 private not-for-profit sector and at least one of which in 13 the public sector; (ii) 2 faculty members of an accredited 14 university who have child welfare experience and are in good 15 standing within their profession and (iii) 2 members of the 16 general public who are not licensed under this Act or a 17 similar rule and will represent consumer interests. 18 In making the first appointments, the Director shall 19 appoint 3 members to serve for a term of one year, 3 members 20 to serve for a term of 2 years, and 3 members to serve for a 21 term of 3 years, or until their successors are appointed and 22 qualified. Their successors shall be appointed to serve 23 3-year terms, or until their successors are appointed and 24 qualified. Appointments to fill unexpired vacancies shall be 25 made in the same manner as original appointments. No member 26 may be reappointed if a reappointment would cause that member 27 to serve on the Board for longer than 6 consecutive years. 28 Board membership must have reasonable representation from 29 different geographic areas of Illinois, and all members must 30 be residents of this State. 31 The Director may terminate the appointment of any member 32 for good cause, including but not limited to (i) unjustified 33 absences from Board meetings or other failure to meet Board 34 responsibilities, (ii) failure to recuse himself or herself SB1854 Engrossed -35- LRB9215370EGfg 1 when required by subsection (c) of this Section or Department 2 rule, or (iii) failure to maintain the professional position 3 required by Department rule. No member of the Board may have 4 a pending or indicated report of child abuse or neglect or a 5 pending complaint or criminal conviction of any of the 6 offenses set forth in paragraph (b) of Section 4.2 of the 7 Child Care Act of 1969. 8 The members of the Board shall receive no compensation 9 for the performance of their duties as members, but each 10 member shall be reimbursed for his or her reasonable and 11 necessary expenses incurred in attending the meetings of the 12 Board. 13 (c) The Board shall make recommendations to the Director 14 regarding licensure rules. Board members must recuse 15 themselves from sitting on any matter involving an employee 16 of a child welfare agency at which the Board member is an 17 employee or contractual employee. The Board shall make a 18 final determination concerning revocation, suspension, or 19 reinstatement of an employee's direct child welfare service 20 license after a hearing conducted under the Department's 21 rules. Upon notification of the manner of the vote to all the 22 members, votes on a final determination may be cast in 23 person, by telephonic or electronic means, or by mail at the 24 discretion of the chairperson. A simple majority of the 25 members appointed and serving is required when Board members 26 vote by mail or by telephonic or electronic means. A 27 majority of the currently appointed and serving Board members 28 constitutes a quorum. A majority of a quorum is required 29 when a recommendation is voted on during a Board meeting. A 30 vacancy in the membership of the Board shall not impair the 31 right of a quorum to perform all the duties of the Board. 32 Board members are not personally liable in any action based 33 upon a disciplinary proceeding or otherwise for any action 34 taken in good faith as a member of the Board. SB1854 Engrossed -36- LRB9215370EGfg 1 (d) The Director may assign Department employees to 2 provide staffing services to the Board. The Department must 3 promulgate any rules necessary to implement and administer 4 the requirements of this Section. 5 (Source: P.A. 92-471, eff. 8-22-01.) 6 (20 ILCS 505/5e) 7 Sec. 5e.5d.Advocacy Office for Children and Families. 8 The Department of Children and Family Services shall 9 establish and maintain an Advocacy Office for Children and 10 Families that shall, in addition to other duties assigned by 11 the Director, receive and respond to complaints that may be 12 filed by children, parents, caretakers, and relatives of 13 children receiving child welfare services from the Department 14 of Children and Family Services or its agents. The 15 Department shall promulgate policies and procedures for 16 filing, processing, investigating, and resolving the 17 complaints. The Department shall make a final report to the 18 complainant of its findings. If a final report is not 19 completed, the Department shall report on its disposition 20 every 30 days. The Advocacy Office shall include a statewide 21 toll-free telephone number that may be used to file 22 complaints, or to obtain information about the delivery of 23 child welfare services by the Department or its agents. This 24 telephone number shall be included in all appropriate notices 25 and handbooks regarding services available through the 26 Department. 27 (Source: P.A. 92-334, eff. 8-10-01; revised 10-17-01.) 28 (20 ILCS 505/7) (from Ch. 23, par. 5007) 29 Sec. 7. Placement of children; considerations. 30 (a) In placing any child under this Act, the Department 31 shall place such child, as far as possible, in the care and 32 custody of some individual holding the same religious belief SB1854 Engrossed -37- LRB9215370EGfg 1 as the parents of the child, or with some child care facility 2 which is operated by persons of like religious faith as the 3 parents of such child. 4 (b) In placing a child under this Act, the Department 5 may place a child with a relative if the Department has 6 reason to believe that the relative will be able to 7 adequately provide for the child's safety and welfare. The 8 Department may not place a child with a relative, with the 9 exception of certain circumstances which may be waived as 10 defined by the Department in rules, if the results of a check 11 of the Law Enforcement Agency Data System (LEADS) identifies 12 a prior criminal conviction of the relative or any adult 13 member of the relative's household for any of the following 14 offenses under the Criminal Code of 1961: 15 (1) murder; 16 (1.1) solicitation of murder; 17 (1.2) solicitation of murder for hire; 18 (1.3) intentional homicide of an unborn child; 19 (1.4) voluntary manslaughter of an unborn child; 20 (1.5) involuntary manslaughter; 21 (1.6) reckless homicide; 22 (1.7) concealment of a homicidal death; 23 (1.8) involuntary manslaughter of an unborn child; 24 (1.9) reckless homicide of an unborn child; 25 (1.10) drug-induced homicide; 26 (2) a sex offense under Article 11, except offenses 27 described in Sections 11-7, 11-8, 11-12, and 11-13; 28 (3) kidnapping; 29 (3.1) aggravated unlawful restraint; 30 (3.2) forcible detention; 31 (3.3) aiding and abetting child abduction; 32 (4) aggravated kidnapping; 33 (5) child abduction; 34 (6) aggravated battery of a child; SB1854 Engrossed -38- LRB9215370EGfg 1 (7) criminal sexual assault; 2 (8) aggravated criminal sexual assault; 3 (8.1) predatory criminal sexual assault of a child; 4 (9) criminal sexual abuse; 5 (10) aggravated sexual abuse; 6 (11) heinous battery; 7 (12) aggravated battery with a firearm; 8 (13) tampering with food, drugs, or cosmetics; 9 (14) drug-induced infliction of great bodily harm; 10 (15) aggravated stalking; 11 (16) home invasion; 12 (17) vehicular invasion; 13 (18) criminal transmission of HIV; 14 (19) criminal abuse or neglect of an elderly or 15 disabled person; 16 (20) child abandonment; 17 (21) endangering the life or health of a child; 18 (22) ritual mutilation; 19 (23) ritualized abuse of a child; 20 (24) an offense in any other state the elements of 21 which are similar and bear a substantial relationship to 22 any of the foregoing offenses. 23 For the purpose of this subsection, "relative" shall include 24 any person, 21 years of age or over, other than the parent, 25 who (i) is currently related to the child in any of the 26 following ways by blood or adoption: grandparent, sibling, 27 great-grandparent, uncle, aunt, nephew, niece, first cousin, 28 second cousin, godparent, great-uncle, or great-aunt; or (ii) 29 is the spouse of such a relative; or (iii) is the child's 30 step-father, step-mother, or adult step-brother or 31 step-sister; "relative" also includes a person related in any 32 of the foregoing ways to a sibling of a child, even though 33 the person is not related to the child, when the child and 34 its sibling are placed together with that person. A relative SB1854 Engrossed -39- LRB9215370EGfg 1 with whom a child is placed pursuant to this subsection may, 2 but is not required to, apply for licensure as a foster 3 family home pursuant to the Child Care Act of 1969; provided, 4 however, that as of July 1, 1995, foster care payments shall 5 be made only to licensed foster family homes pursuant to the 6 terms of Section 5 of this Act. 7 (c) In placing a child under this Act, the Department 8 shall ensure that the child's health, safety, and best 9 interests are met in making a family foster care placement. 10 The Department shall consider the individual needs of the 11 child and the capacity of the prospective foster or adoptive 12 parents to meet the needs of the child. When a child must be 13 placed outside his or her home and cannot be immediately 14 returned to his or her parents or guardian, a comprehensive, 15 individualized assessment shall be performed of that child at 16 which time the needs of the child shall be determined. Only 17 if race, color, or national origin is identified as a 18 legitimate factor in advancing the child's best interests 19 shall it be considered. Race, color, or national origin 20 shall not be routinely considered in making a placement 21 decision. The Department shall make special efforts for the 22 diligent recruitment of potential foster and adoptive 23 families that reflect the ethnic and racial diversity of the 24 children for whom foster and adoptive homes are needed. 25 "Special efforts" shall include contacting and working with 26 community organizations and religious organizations and may 27 include contracting with those organizations, utilizing local 28 media and other local resources, and conducting outreach 29 activities. 30 (c-1) At the time of placement, the Department shall 31 consider concurrent planning, as described in subsection 32 (l-1) of Section 5, so that permanency may occur at the 33 earliest opportunity. Consideration should be given so that 34 if reunification fails or is delayed, the placement made is SB1854 Engrossed -40- LRB9215370EGfg 1 the best available placement to provide permanency for the 2 child. 3 (d) The Department may accept gifts, grants, offers of 4 services, and other contributions to use in making special 5 recruitment efforts. 6 (e) The Department in placing children in adoptive or 7 foster care homes may not, in any policy or practice relating 8 to the placement of children for adoption or foster care, 9 discriminate against any child or prospective adoptive or 10 foster parent on the basis of race. 11 (Source: P.A. 92-192, eff. 1-1-02; 92-328, eff. 1-1-02; 12 92-334, eff. 8-10-01; revised 10-15-01.) 13 Section 12. The Department of Commerce and Community 14 Affairs Law of the Civil Administrative Code of Illinois is 15 amended by changing Sections 605-605 and 605-710 as follows: 16 (20 ILCS 605/605-605) (was 20 ILCS 605/46.57) 17 Sec. 605-605. Illinois Product and Services Exchange Law 18Act. 19 (a) This Section may be cited as the Illinois Product 20 and Services Exchange LawAct. 21 (b) It is hereby found and declared that many large 22 Illinois firms and government agencies are purchasing 23 products and services from vendors in locations other than 24 Illinois, and that there is a need to assist those large 25 businesses and government agencies in locating Illinois 26 vendors who can provide those products and services of equal 27 quality and at comparable or lower costs; it is further found 28 and declared that the purchase of needed products and 29 services within the State by large firms and government 30 agencies would aid the survival and expansion of small 31 businesses in Illinois and help to strengthen the State's 32 economy. SB1854 Engrossed -41- LRB9215370EGfg 1 (c) As used in this Section, "Illinois Product and 2 Services Exchange" means a program aimed at promoting the 3 purchase of goods and services produced in Illinois by firms 4 and government agencies within the State. 5 (d) The Department shall have the authority to establish 6 and administer an Illinois Product and Services Exchange 7 Program, which may include, but is not limited to, the 8 following powers and duties: 9 (1) To accept grants, loans, or appropriations from 10 the federal government or the State or any agency or 11 instrumentality thereof, and to assess fees for any 12 services performed under the Illinois Product and 13 Services Exchange Program, to carry out the Program. 14 (2) To form an Illinois Product and Services 15 Exchange Council, made up of Illinois large firms and 16 small firms to provide advice and counsel in directing a 17 statewide Product and Services Exchange Program. 18 (3) To publicize and advertise to Illinois firms 19 and government agencies the importance and benefits of 20 buying goods and services provided by vendors located 21 within the State. 22 (4) To secure the cooperation of Illinois' large 23 firms, federal, State, and local governments, non-profit 24 agencies, and others to carry out this program. 25 (5) To match the needs for products and services of 26 business firms and government agencies with the 27 capabilities of small Illinois firms that can provide 28 those needed goods and services. 29 (6) To hold purchasing agent seminars, fairs, 30 conferences, and workshops to aid small Illinois 31 businesses in obtaining contracts for goods and services 32 from larger firms and government agencies within the 33 State. 34 (7) To assist business firms and government SB1854 Engrossed -42- LRB9215370EGfg 1 agencies to analyze their buying activities and to find 2 ways to carry out those activities in an effective and 3 economical manner, while promoting subcontract activity 4 with small Illinois firms. 5 (8) To establish manual and electronic buying 6 directories, including stand alone computer data bases 7 that list qualified vendors and procurement 8 opportunities. 9 (9) To promote through other means the use by 10 government agencies and large businesses of products and 11 services produced by small Illinois firms. 12 (10) To subcontract, grant funds, or otherwise 13 participate with qualified private firms, existing 14 procurement centers, or other organizations that have 15 designed programs, approved in accordance with procedures 16 determined by the Department, that are aimed at assisting 17 small Illinois firms obtain contracts for products and 18 services from local government agencies and large 19 Illinois businesses. 20 (11) To develop and administer guidelines for 21 projects that provide assistance to the Department in 22 connection with the Illinois Product and Services 23 Exchange Program. 24 (Source: P.A. 91-239, eff. 1-1-00; revised 1-25-02.) 25 (20 ILCS 605/605-710) 26 Sec. 605-710. Regional tourism development 27 organizations. 28 (a) The Department may, subject to appropriation, 29 provide grants from the Tourism Promotion Fund for the 30 administrative costs of not-for-profit regional tourism 31 development organizations that assist the Department in 32 developing tourism throughout a multi-county geographical 33 area designated by the Department. Regional tourism SB1854 Engrossed -43- LRB9215370EGfg 1 development organizations receiving funds under this Section 2 may be required by the Department to submit to audits of 3 contracts awarded by the Department to determine whether the 4 regional tourism development organization has performed all 5 contractual obligations under those contracts. 6 Every employee of a regional tourism development 7 organization receiving funds under this Section shall 8 disclose to the organization's governing board and to the 9 Department any economic interest that employee may have in 10 any entity with which the regional tourism development 11 organization has contracted or to which the regional tourism 12 development organization has granted funds. 13 (b) The Department, from moneys transferred from the 14 General Revenue Fund to the Tourism Promotion Fund and 15 appropriated from the Tourism Promotion Fund, shall first 16 provide funding of $5,000,000 annually to a governmental 17 entity with at least 2,000,000 square feet of exhibition 18 space that has as part of its duties the promotion of 19 cultural, scientific and trade exhibits and events within a 20 county with a population of more than 3,000,000, to be used 21 for any of the governmental entity's general corporate 22 purposes. 23 (Source: P.A. 92-11, eff. 6-11-01; 92-38, eff. 6-28-01; 24 revised 9-18-01.) 25 Section 13. The Interagency Wetland Policy Act of 1989 26 is amended by changing Section 2-1 as follows: 27 (20 ILCS 830/2-1) (from Ch. 96 1/2, par. 9702-1) 28 Sec. 2-1. Interagency Wetlands Committee. An Interagency 29 Wetlands Committee, chaired by the Director of Natural 30 Resources or his or her representative, is established. The 31 Directors of the following agencies, or their respective 32 representativesrepresentative, shall serve as members of the SB1854 Engrossed -44- LRB9215370EGfg 1 Committee: 2 CapitalCapitolDevelopment Board, 3 Department of Agriculture, 4 Department of Commerce and Community Affairs, 5 Environmental Protection Agency, 6 Department of Transportation, and 7 Historic Preservation Agency. 8 The Interagency Wetlands Committee shall also include 2 9 additional persons with relevant expertise designated by the 10 Director of Natural Resources. 11 The Interagency Wetlands Committee shall advise the 12 Director in the administration of this Act. This will 13 include: 14 (a) Developing rules and regulations for the 15 implementation and administration of this Act. 16 (b) Establishing guidelines for developing 17 individual Agency Action Plans. 18 (c) Developing and adopting technical procedures 19 for the consistent identification, delineation and 20 evaluation of existing wetlands and quantification of 21 their functional values and the evaluation of wetland 22 restoration or creation projects. 23 (d) Developing a research program for wetland 24 function, restoration and creation. 25 (e) Preparing reports, including: 26 (1) A biennial report to the Governor and the 27 General Assembly on the impact of State supported 28 activities on wetlands. 29 (2) A comprehensive report on the status of 30 the State's wetland resources, including 31 recommendations for additional programs, by January 32 15, 1991. 33 (f) Development of educational materials to promote 34 the protection of wetlands. SB1854 Engrossed -45- LRB9215370EGfg 1 (Source: P.A. 89-445, eff. 2-7-96; revised 12-2-01.) 2 Section 14. The Department of State Police Law of the 3 Civil Administrative Code of Illinois is amended by changing 4 Sections 2605-302 and 2605-555 as follows: 5 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part) 6 Sec. 2605-302. Arrest reports. 7 (a) When an individual is arrested, the following 8 information must be made available to the news media for 9 inspection and copying: 10 (1) Information that identifies the individual, 11 including the name, age, address, and photograph, when 12 and if available. 13 (2) Information detailing any charges relating to 14 the arrest. 15 (3) The time and location of the arrest. 16 (4) The name of the investigating or arresting law 17 enforcement agency. 18 (5) If the individual is incarcerated, the amount 19 of any bail or bond. 20 (6) If the individual is incarcerated, the time and 21 date that the individual was received, discharged, or 22 transferred from the arresting agency's custody. 23 (b) The information required by this Section must be 24 made available to the news media for inspection and copying 25 as soon as practicable, but in no event shall the time period 26 exceed 72 hours from the arrest. The information described 27 in items (3), (4), (5), and (6) of subsection (a), however, 28 may be withheld if it is determined that disclosure would (i) 29 interfere with pending or actually and reasonably 30 contemplated law enforcement proceedings conducted by any law 31 enforcement or correctional agency; (ii) endanger the life or 32 physical safety of law enforcement or correctional personnel SB1854 Engrossed -46- LRB9215370EGfg 1 or any other person; or (iii) compromise the security of any 2 correctional facility. 3 (c) For the purposes of this Section, the term "news 4 media" means personnel of a newspaper or other periodical 5 issued at regular intervals whether in print or electronic 6 format, a news service whether in print or electronic format, 7 a radio station, a television station, a television network, 8 a community antenna television service, or a person or 9 corporation engaged in making news reels or other motion 10 picture news for public showing. 11 (d) Each law enforcement or correctional agency may 12 charge fees for arrest records, but in no instance may the 13 fee exceed the actual cost of copying and reproduction. The 14 fees may not include the cost of the labor used to reproduce 15 the arrest record. 16 (e) The provisions of this Section do not supersede the 17 confidentiality provisions for arrest records of the Juvenile 18 Court Act of 1987. 19 (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; 20 incorporates 92-335, eff. 8-10-01; revised 9-17-01.) 21 (20 ILCS 2605/2605-555) 22 Sec. 2605-555. Pilot program; Project Exile. 23 (a) The Department shall establish a Project Exile pilot 24 program to combat gun violence. 25 (b) Through the pilot program, the Department, in 26 coordination with local law enforcement agencies, State's 27 Attorneys, and United States Attorneys, shall, to the extent 28 possible, encourage the prosecution in federal court of all 29 persons who illegally use, attempt to use, or threaten to use 30 firearms against the person or property of another, of all 31 persons who use or possess a firearm in connection with a 32 violation of the Cannabis Control Act or the Illinois 33 Controlled Substances Act, all persons who have been SB1854 Engrossed -47- LRB9215370EGfg 1 convicted of a felony under the laws of this State or any 2 other jurisdiction who possess any weapon prohibited under 3 Section 24-1 of the Criminal Code of 1961 or any firearm or 4 any firearm ammunition, and of all persons who use or possess 5 a firearm in connection with a violation of an order of 6 protection issued under the Illinois Domestic Violence Act of 7 1986 or Article 112A of the Code of Criminal Procedure of 8 1963 or in connection with the offense of domestic battery. 9 The program shall also encourage public outreach by law 10 enforcement agencies. 11 (c) There is created the Project Exile Fund, a special 12 fund in the State treasury. Moneys appropriated for the 13 purposes of Project Exile and moneys from any other private 14 or public source, including without limitation grants from 15 the Department of Commerce and Community Affairs, shall be 16 deposited into the Fund. Moneys in the Fund, subject to 17 appropriation, may be used by the Department of State Police 18 to develop and administer the Project Exile pilot program. 19 (d) The Department shall report to the General Assembly 20 by March 1, 2003 regarding the implementation and effects of 21 the Project Exile pilot program and shall by that date make 22 recommendations to the General Assembly for changes in the 23 program that the Department deems appropriate. 24 The requirement for reporting to the General Assembly 25 shall be satisfied by filing copies of the report with the 26 Speaker, the Minority Leader, and the Clerk of the House of 27 Representatives,andwith the President, the Minority Leader, 28 and the Secretary of the Senate, and with the Legislative 29 Research Unit, as required by Section 3.1 of the General 30 Assembly Organization Act, and filing such additional copies 31 with the State Government Report Distribution Center for the 32 General Assembly as is required under paragraph (t) of 33 Section 7 of the State Library Act. 34 (Source: P.A. 92-332, eff. 8-10-01; 92-342, eff. 8-10-01; SB1854 Engrossed -48- LRB9215370EGfg 1 revised 10-15-01.) 2 Section 15. The Criminal Identification Act is amended 3 by changing Section 5 as follows: 4 (20 ILCS 2630/5) (from Ch. 38, par. 206-5) 5 Sec. 5. Arrest reports; expungement. 6 (a) All policing bodies of this State shall furnish to 7 the Department, daily, in the form and detail the Department 8 requires, fingerprints and descriptions of all persons who 9 are arrested on charges of violating any penal statute of 10 this State for offenses that are classified as felonies and 11 Class A or B misdemeanors and of all minors of the age of 10 12 and over who have been arrested for an offense which would be 13 a felony if committed by an adult, and may forward such 14 fingerprints and descriptions for minors arrested for Class A 15 or B misdemeanors. Moving or nonmoving traffic violations 16 under the Illinois Vehicle Code shall not be reported except 17 for violations of Chapter 4, Section 11-204.1, or Section 18 11-501 of that Code. In addition, conservation offenses, as 19 defined in the Supreme Court Rule 501(c), that are classified 20 as Class B misdemeanors shall not be reported. 21 Whenever an adult or minor prosecuted as an adult, not 22 having previously been convicted of any criminal offense or 23 municipal ordinance violation, charged with a violation of a 24 municipal ordinance or a felony or misdemeanor, is acquitted 25 or released without being convicted, whether the acquittal or 26 release occurred before, on, or after the effective date of 27 this amendatory Act of 1991, the Chief Judge of the circuit 28 wherein the charge was brought, any judge of that circuit 29 designated by the Chief Judge, or in counties of less than 30 3,000,000 inhabitants, the presiding trial judge at the 31 defendant's trial may upon verified petition of the defendant 32 order the record of arrest expunged from the official records SB1854 Engrossed -49- LRB9215370EGfg 1 of the arresting authority and the Department and order that 2 the records of the clerk of the circuit court be sealed until 3 further order of the court upon good cause shown and the name 4 of the defendant obliterated on the official index required 5 to be kept by the circuit court clerk under Section 16 of the 6 Clerks of Courts Act, but the order shall not affect any 7 index issued by the circuit court clerk before the entry of 8 the order. The Department may charge the petitioner a fee 9 equivalent to the cost of processing any order to expunge or 10 seal the records, and the fee shall be deposited into the 11 State Police Services Fund. The records of those arrests, 12 however, that result in a disposition of supervision for any 13 offense shall not be expunged from the records of the 14 arresting authority or the Department nor impounded by the 15 court until 2 years after discharge and dismissal of 16 supervision. Those records that result from a supervision 17 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 18 11-503 of the Illinois Vehicle Code or a similar provision of 19 a local ordinance, or for a violation of Section 12-3.2, 20 12-15 or 16A-3 of the Criminal Code of 1961, or probation 21 under Section 10 of the Cannabis Control Act, Section 410 of 22 the Illinois Controlled Substances Act, Section 12-4.3(b)(1) 23 and (2) of the Criminal Code of 1961 (as those provisions 24 existed before their deletion by Public Act 89-313), Section 25 10-102 of the Illinois Alcoholism and Other Drug Dependency 26 Act when the judgment of conviction has been vacated, Section 27 40-10 of the Alcoholism and Other Drug Abuse and Dependency 28 Act when the judgment of conviction has been vacated, or 29 Section 10 of the Steroid Control Act shall not be expunged 30 from the records of the arresting authority nor impounded by 31 the court until 5 years after termination of probation or 32 supervision. Those records that result from a supervision 33 for a violation of Section 11-501 of the Illinois Vehicle 34 Code or a similar provision of a local ordinance, shall not SB1854 Engrossed -50- LRB9215370EGfg 1 be expunged. All records set out above may be ordered by the 2 court to be expunged from the records of the arresting 3 authority and impounded by the court after 5 years, but shall 4 not be expunged by the Department, but shall, on court order 5 be sealed by the Department and may be disseminated by the 6 Department only as required by law or to the arresting 7 authority, the State's Attorney, and the court upon a later 8 arrest for the same or a similar offense or for the purpose 9 of sentencing for any subsequent felony. Upon conviction for 10 any offense, the Department of Corrections shall have access 11 to all sealed records of the Department pertaining to that 12 individual. 13 (a-5) Those records maintained by the Department for 14 persons arrested prior to their 17th birthday shall be 15 expunged as provided in Section 5-915 of the Juvenile Court 16 Act of 1987. 17 (b) Whenever a person has been convicted of a crime or 18 of the violation of a municipal ordinance, in the name of a 19 person whose identity he has stolen or otherwise come into 20 possession of, the aggrieved person from whom the identity 21 was stolen or otherwise obtained without authorization, upon 22 learning of the person having been arrested using his 23 identity, may, upon verified petition to the chief judge of 24 the circuit wherein the arrest was made, have a court order 25 entered nunc pro tunc by the chief judge to correct the 26 arrest record, conviction record, if any, and all official 27 records of the arresting authority, the Department, other 28 criminal justice agencies, the prosecutor, and the trial 29 court concerning such arrest, if any, by removing his name 30 from all such records in connection with the arrest and 31 conviction, if any, and by inserting in the records the name 32 of the offender, if known or ascertainable, in lieu of the 33 aggrieved'shasname. The records of the clerk of the 34 circuit court clerk shall be sealed until further order of SB1854 Engrossed -51- LRB9215370EGfg 1 the court upon good cause shown and the name of the aggrieved 2 person obliterated on the official index required to be kept 3 by the circuit court clerk under Section 16 of the Clerks of 4 Courts Act, but the order shall not affect any index issued 5 by the circuit court clerk before the entry of the order. 6 Nothing in this Section shall limit the Department of State 7 Police or other criminal justice agencies or prosecutors from 8 listing under an offender's name the false names he or she 9 has used. For purposes of this Section, convictions for 10 moving and nonmoving traffic violations other than 11 convictions for violations of Chapter 4, Section 11-204.1 or 12 Section 11-501 of the Illinois Vehicle Code shall not be a 13 bar to expunging the record of arrest and court records for 14 violation of a misdemeanor or municipal ordinance. 15 (c) Whenever a person who has been convicted of an 16 offense is granted a pardon by the Governor which 17 specifically authorizes expungement, he may, upon verified 18 petition to the chief judge of the circuit where the person 19 had been convicted, any judge of the circuit designated by 20 the Chief Judge, or in counties of less than 3,000,000 21 inhabitants, the presiding trial judge at the defendant's 22 trial, may have a court order entered expunging the record of 23 arrest from the official records of the arresting authority 24 and order that the records of the clerk of the circuit court 25 and the Department be sealed until further order of the court 26 upon good cause shown or as otherwise provided herein, and 27 the name of the defendant obliterated from the official index 28 requested to be kept by the circuit court clerk under Section 29 16 of the Clerks of Courts Act in connection with the arrest 30 and conviction for the offense for which he had been pardoned 31 but the order shall not affect any index issued by the 32 circuit court clerk before the entry of the order. All 33 records sealed by the Department may be disseminated by the 34 Department only as required by law or to the arresting SB1854 Engrossed -52- LRB9215370EGfg 1 authority, the State's Attorney, and the court upon a later 2 arrest for the same or similar offense or for the purpose of 3 sentencing for any subsequent felony. Upon conviction for 4 any subsequent offense, the Department of Corrections shall 5 have access to all sealed records of the Department 6 pertaining to that individual. Upon entry of the order of 7 expungement, the clerk of the circuit court shall promptly 8 mail a copy of the order to the person who was pardoned. 9 (c-5) Whenever a person has been convicted of criminal 10 sexual assault, aggravated criminal sexual assault, predatory 11 criminal sexual assault of a child, criminal sexual abuse, or 12 aggravated criminal sexual abuse, the victim of that offense 13 may request that the State's Attorney of the county in which 14 the conviction occurred file a verified petition with the 15 presiding trial judge at the defendant's trial to have a 16 court order entered to seal the records of the clerk of the 17 circuit court in connection with the proceedings of the trial 18 court concerning that offense. However, the records of the 19 arresting authority and the Department of State Police 20 concerning the offense shall not be sealed. The court, upon 21 good cause shown, shall make the records of the clerk of the 22 circuit court in connection with the proceedings of the trial 23 court concerning the offense available for public inspection. 24 (d) Notice of the petition for subsections (a), (b), and 25 (c) shall be served upon the State's Attorney or prosecutor 26 charged with the duty of prosecuting the offense, the 27 Department of State Police, the arresting agency and the 28 chief legal officer of the unit of local government affecting 29 the arrest. Unless the State's Attorney or prosecutor, the 30 Department of State Police, the arresting agency or such 31 chief legal officer objects to the petition within 30 days 32 from the date of the notice, the court shall enter an order 33 granting or denying the petition. The clerk of the court 34 shall promptly mail a copy of the order to the person, the SB1854 Engrossed -53- LRB9215370EGfg 1 arresting agency, the prosecutor, the Department of State 2 Police and such other criminal justice agencies as may be 3 ordered by the judge. 4 (e) Nothing herein shall prevent the Department of State 5 Police from maintaining all records of any person who is 6 admitted to probation upon terms and conditions and who 7 fulfills those terms and conditions pursuant to Section 10 of 8 the Cannabis Control Act, Section 410 of the Illinois 9 Controlled Substances Act, Section 12-4.3 of the Criminal 10 Code of 1961, Section 10-102 of the Illinois Alcoholism and 11 Other Drug Dependency Act, Section 40-10 of the Alcoholism 12 and Other Drug Abuse and Dependency Act, or Section 10 of the 13 Steroid Control Act. 14 (f) No court order issued pursuant to the expungement 15 provisions of this Section shall become final for purposes of 16 appeal until 30 days after notice is received by the 17 Department. Any court order contrary to the provisions of 18 this Section is void. 19 (g) Except as otherwise provided in subsection (c-5) of 20 this Section, the court shall not order the sealing or 21 expungement of the arrest records and records of the circuit 22 court clerk of any person granted supervision for or 23 convicted of any sexual offense committed against a minor 24 under 18 years of age. For the purposes of this Section, 25 "sexual offense committed against a minor" includes but is 26 not limited to the offenses of indecent solicitation of a 27 child or criminal sexual abuse when the victim of such 28 offense is under 18 years of age. 29 (Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00; 30 91-357, eff. 7-29-99; revised 12-3-01.) 31 Section 16. The Department of Veterans Affairs Act is 32 amended by changing Section 2 as follows: SB1854 Engrossed -54- LRB9215370EGfg 1 (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67) 2 Sec. 2. Powers and duties. The Department shall have 3 the following powers and duties: 4 To perform such acts at the request of any veteran, or 5 his or her spouse, surviving spouse or dependents as shall be 6 reasonably necessary or reasonably incident to obtaining or 7 endeavoring to obtain for the requester any advantage, 8 benefit or emolument accruing or due to such person under any 9 law of the United States, the State of Illinois or any other 10 state or governmental agency by reason of the service of such 11 veteran, and in pursuance thereof shall: 12 1. Contact veterans, their survivors and dependents 13 and advise them of the benefits of state and federal laws 14 and assist them in obtaining such benefits; 15 2. Establish field offices and direct the 16 activities of the personnel assigned to such offices; 17 3. Create a volunteer field force of accredited 18 representatives, representing educational institutions, 19 labor organizations, veterans organizations, employers, 20 churches, and farm organizations; 21 4. Conduct informational and training services; 22 5. Conduct educational programs through newspapers, 23 periodicals and radio for the specific purpose of 24 disseminating information affecting veterans and their 25 dependents; 26 6. Coordinate the services and activities of all 27 state departments having services and resources affecting 28 veterans and their dependents; 29 7. Encourage and assist in the coordination of 30 agencies within counties giving service to veterans and 31 their dependents; 32 8. Cooperate with veterans organizations and other 33 governmental agencies; 34 9. Make, alter, amend and promulgate reasonable SB1854 Engrossed -55- LRB9215370EGfg 1 rules and procedures for the administration of this Act; 2and3 10. Make and publish annual reports to the Governor 4 regarding the administration and general operation of the 5 Department; and.6 11. Encourage the State to implement more programs 7 to address the wide range of issues faced by Persian Gulf 8 War Veterans, especially those who took part in combat, 9 by creating an official commission to further study 10 Persian Gulf War Diseases. The commission shall consist 11 of 9 members appointed as follows: the Speaker and 12 Minority Leader of the House of Representatives and the 13 President and Minority Leader of the Senate shall each 14 appoint one member from the General Assembly, the 15 Governor shall appoint 4 members to represent veterans' 16 organizations, and the Department shall appoint one 17 member. The commission members shall serve without 18 compensation. 19 The Department may accept and hold on behalf of the 20 State, if for the public interest, a grant, gift, devise or 21 bequest of money or property to the Department made for the 22 general benefit of Illinois veterans, including the conduct 23 of informational and training services by the Department and 24 other authorized purposes of the Department. The Department 25 shall cause each grant, gift, devise or bequest to be kept as 26 a distinct fund and shall invest such funds in the manner 27 provided by the Public Funds Investment Act, as now or 28 hereafter amended, and shall make such reports as may be 29 required by the Comptroller concerning what funds are so held 30 and the manner in which such funds are invested. The 31 Department may make grants from these funds for the general 32 benefit of Illinois veterans. Grants from these funds, 33 except for the funds established under Sections 2.01a and 34 2.03, shall be subject to appropriation. SB1854 Engrossed -56- LRB9215370EGfg 1 The Department has the power to make grants, from funds 2 appropriated from the Korean War Veterans National Museum and 3 Library Fund, to private organizations for the benefit of the 4 Korean War Veterans National Museum and Library. 5 (Source: P.A. 92-198, eff. 8-1-01; revised 9-18-01.) 6 Section 17. The Illinois Development Finance Authority 7 Act is amended by changing Section 5 as follows: 8 (20 ILCS 3505/5) (from Ch. 48, par. 850.05) 9 Sec. 5. All official acts of the Authority shall require 10 the approval of at least 9 members. It shall be the duty of 11 the Authority to promote employment within those areas of the 12 State duly certified from time to time by the Department of 13 Commerce and Community Affairs as areas of critical labor 14 surplus. To this end the Authority shall utilize the powers 15 herein conferred upon it to assist in the development and 16 construction or acquisition of industrial projects within 17 such areas of the State. 18 The Authority is hereby authorized to utilize its powers 19 with respect to prospective industrial projects to be located 20 at any given time within any general areas then currently 21 certified by the Department of Commerce and Community Affairs 22 as areas of critical labor surplus. In addition, upon being 23 requested to utilize its powers with respect to a prospective 24 industrial project to be located outside of any areas then 25 currently certified as areas of critical labor surplus, the 26 Authority may refer such request to the Department of 27 Commerce and Community Affairs for its determination as to 28 whether the proposed location is within any specific area of 29 critical labor surplus not hitherto generally certified. If 30 the proposed location is certified by the Department as being 31 within an area of critical labor surplus, the Authority may 32 similarly utilize its powers with respect to such prospective SB1854 Engrossed -57- LRB9215370EGfg 1 industrial project. 2 In evaluating the eligibility of any prospective 3 industrial project to be located within any area of critical 4 labor surplus, the Authority shall consider,(1) the 5 financial responsibility of the prospective applicant and 6 user, and (2) the relationship between the amount of funds to 7 be provided by exercise of powers of the Authority and the 8 degree to which the project (A) will contribute to creation 9 or retention of employment, including employment in the 10 construction industry, (B) will contribute to the economic 11 development of the area in which the industrial project is 12 located and (C) will produce goods or services for which 13 there is a need or demand. 14 (Source: P.A. 92-212, eff. 8-2-01; revised 12-3-01.) 15 Section 18. The State Finance Act is amended by setting 16 forth and renumbering multiple versions of Sections 5.545, 17 5.546, and 6z-51 as follows: 18 (30 ILCS 105/5.543) 19 Sec. 5.543.5.545.The Energy Infrastructure Fund. 20 (Source: P.A. 92-12, eff. 7-1-01; revised 10-19-01.) 21 (30 ILCS 105/5.544) 22 Sec. 5.544.5.546.The Energy Efficiency Investment Fund. 23 (Source: P.A. 92-12, eff. 6-30-01; revised 10-19-01.) 24 (30 ILCS 105/5.545) 25 Sec. 5.545. The Digital Divide Elimination Fund. 26 (Source: P.A. 92-22, eff. 6-30-01.) 27 (30 ILCS 105/5.546) 28 Sec. 5.546. The Digital Divide Elimination Infrastructure 29 Fund. SB1854 Engrossed -58- LRB9215370EGfg 1 (Source: P.A. 92-22, eff. 6-30-01.) 2 (30 ILCS 105/5.547) 3 Sec. 5.547.5.545.The Medical Special Purposes Trust 4 Fund. 5 (Source: P.A. 92-37, eff. 7-1-01; revised 10-19-01.) 6 (30 ILCS 105/5.548) 7 Sec. 5.548.5.545.The Child Support Administrative 8 Fund. 9 (Source: P.A. 92-44, eff. 7-1-01; revised 19-19-01.) 10 (30 ILCS 105/5.552) 11 Sec. 5.552.5.545.The ICCB Adult Education Fund. 12 (Source: P.A. 92-49, eff. 7-9-01; revised 10-19-01.) 13 (30 ILCS 105/5.553) 14 Sec. 5.553.5.545.The Medicaid Buy-In Program Revolving 15 Fund. 16 (Source: P.A. 92-163, eff. 7-25-01; revised 10-19-01.) 17 (30 ILCS 105/5.554) 18 Sec. 5.554.5.545.The Korean War Veterans National 19 Museum and Library Fund. 20 (Source: P.A. 92-198, eff. 8-1-01; revised 10-19-01.) 21 (30 ILCS 105/5.555) 22 Sec. 5.555.5.545.The Corporate Headquarters Relocation 23 Assistance Fund. 24 (Source: P.A. 92-207, eff. 8-1-01; revised 10-19-01.) 25 (30 ILCS 105/5.556) 26 Sec. 5.556.5.545.The Statewide Economic Development 27 Fund. SB1854 Engrossed -59- LRB9215370EGfg 1 (Source: P.A. 92-208, eff. 8-2-01; revised 10-19-01.) 2 (30 ILCS 105/5.557) 3 Sec. 5.557.5.545.The Real Estate Audit Fund. 4 (Source: P.A. 92-217, eff. 8-2-01; revised 10-19-01.) 5 (30 ILCS 105/5.558) 6 Sec. 5.558.5.545.The Home Inspector Administration 7 Fund. 8 (Source: P.A. 92-239, eff. 8-3-01; revised 10-19-01.) 9 (30 ILCS 105/5.559) 10 Sec. 5.559.5.545. 5.546.The Project Exile Fund. 11 (Source: P.A. 92-332, eff. 8-10-01; 92-342, eff. 8-10-01; 12 revised 10-19-01.) 13 (30 ILCS 105/5.560) 14 Sec. 5.560.5.545.The Illinois AgriFIRST Program Fund. 15 (Source: P.A. 92-346, eff. 8-14-01; revised 10-19-01.) 16 (30 ILCS 105/5.561) 17 Sec. 5.561.5.545.The Secretary of State DUI 18 Administration Fund. 19 (Source: P.A. 92-418, eff. 8-17-01; revised 10-19-01.) 20 (30 ILCS 105/5.562) 21 Sec. 5.562.5.545.The Illinois Future Teacher Corps 22 Scholarship Fund. 23 (Source: P.A. 92-445, eff. 8-17-01; revised 10-19-01.) 24 (30 ILCS 105/5.563) 25 Sec. 5.563.5.545.The Illinois Animal Abuse Fund. 26 (Source: P.A. 92-454, eff. 1-1-02; revised 10-19-01.) SB1854 Engrossed -60- LRB9215370EGfg 1 (30 ILCS 105/5.564) 2 Sec. 5.564.5.545.The Marine Corps Scholarship Fund. 3 (Source: P.A. 92-467, eff. 1-1-02; revised 10-19-01.) 4 (30 ILCS 105/5.565) 5 Sec. 5.565.5.545.The Chicago and Northeast Illinois 6 District Council of Carpenters Fund. 7 (Source: P.A. 92-477, eff. 1-1-02; revised 10-19-01.) 8