Public Act 101-0081
 
HB3249 EnrolledLRB101 07760 AMC 52809 b

    AN ACT to revise the law by combining multiple enactments
and making technical corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Nature of this Act.
    (a) This Act may be cited as the First 2019 General
Revisory Act.
    (b) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments and makes technical
corrections and revisions in the law.
    This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
    (c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
    (d) Public Acts 100-534 through 100-1177 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
 
    Section 5. The Regulatory Sunset Act is amended by changing
Sections 4.29 and 4.39 as follows:
 
    (5 ILCS 80/4.29)
    Sec. 4.29. Act Acts repealed on December 31, 2019. The
following Act is repealed on December 31, 2019:
    The Medical Practice Act of 1987.
(Source: P.A. 100-429, eff. 8-25-17; 100-716, eff. 8-3-18;
100-796, eff. 8-10-18; revised 9-6-18.)
 
    (5 ILCS 80/4.39)
    Sec. 4.39. Acts Act repealed on January 1, 2029 and
December 31, 2029.
    (a) The following Act is repealed on January 1, 2029:
        The Environmental Health Practitioner Licensing Act.
    (b) The following Act is repealed on December 31, 2029:
        The Structural Pest Control Act.
(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
revised 9-6-18.)
 
    Section 10. The Illinois Administrative Procedure Act is
amended by changing Sections 5-30, 10-25, 10-50, and 10-75 as
follows:
 
    (5 ILCS 100/5-30)  (from Ch. 127, par. 1005-30)
    Sec. 5-30. Regulatory flexibility. When an agency proposes
a new rule or an amendment to an existing rule that may have an
impact on small businesses, not for profit corporations, or
small municipalities, the agency shall do each of the
following:
        (a) The agency shall consider each of the following
    methods for reducing the impact of the rulemaking on small
    businesses, not for profit corporations, or small
    municipalities. The agency shall reduce the impact by
    utilizing one or more of the following methods if it finds
    that the methods are legal and feasible in meeting the
    statutory objectives that are the basis of the proposed
    rulemaking.
            (1) Establish less stringent compliance or
        reporting requirements in the rule for small
        businesses, not for profit corporations, or small
        municipalities.
            (2) Establish less stringent schedules or
        deadlines in the rule for compliance or reporting
        requirements for small businesses, not for profit
        corporations, or small municipalities.
            (3) Consolidate or simplify the rule's compliance
        or reporting requirements for small businesses, not
        for profit corporations, or small municipalities.
            (4) Establish performance standards to replace
        design or operational standards in the rule for small
        businesses, not for profit corporations, or small
        municipalities.
            (5) Exempt small businesses, not for profit
        corporations, or small municipalities from any or all
        requirements of the rule.
        (b) Before or during the notice period required under
    subsection (b) of Section 5-40, the agency shall provide an
    opportunity for small businesses, not for profit
    corporations, or small municipalities to participate in
    the rulemaking process. The agency shall utilize one or
    more of the following techniques. These techniques are in
    addition to other rulemaking requirements imposed by this
    Act or by any other Act.
            (1) The inclusion in any advance notice of possible
        rulemaking of a statement that the rule may have an
        impact on small businesses, not for profit
        corporations, or small municipalities.
            (2) The publication of a notice of rulemaking in
        publications likely to be obtained by small
        businesses, not for profit corporations, or small
        municipalities.
            (3) The direct notification of interested small
        businesses, not for profit corporations, or small
        municipalities.
            (4) The conduct of public hearings concerning the
        impact of the rule on small businesses, not for profit
        corporations, or small municipalities.
            (5) The use of special hearing or comment
        procedures to reduce the cost or complexity of
        participation in the rulemaking by small businesses,
        not for profit corporations, or small municipalities.
        (c) Prior to the filing for publication in the Illinois
    Register of any proposed rule or amendment that may have an
    adverse impact on small businesses, each agency must
    prepare an economic impact analysis which shall be filed
    with the proposed rule and publicized in the Illinois
    Register together with the proposed rule. The economic
    impact analysis shall include the following:
            (1) An identification of the types and estimate of
        the number of the small businesses subject to the
        proposed rule or amendment. The agency shall identify
        the types of businesses subject to the proposed rule
        using the following 2-digit codes from the North
        American Industry Classification System (NAICS):
                11 Agriculture, Forestry, Fishing and Hunting.
                21 Mining.
                22 Utilities.
                23 Construction.
                31-33 Manufacturing.
                42 Wholesale Trade.
                44-45 Retail Trade.
                48-49 Transportation and Warehousing.
                51 Information.
                52 Finance and Insurance.
                53 Real Estate Rental and Leasing.
                54 Professional, Scientific, and Technical
            Services.
                55 Management of Companies and Enterprises.
                56 Administrative and Support and Waste
            Management and Remediation Services.
                61 Educational Services.
                62 Health Care and Social Assistance.
                71 Arts, Entertainment, and Recreation.
                72 Accommodation and Food Services.
                81 Other Services (except Public
            Administration).
                92 Public Administration.
            The agency shall also identify the impact of the
        proposed rule by identifying as many of the following
        categories that the agency reasonably believes the
        proposed rule will impact:
                A. Hiring and additional staffing.
                B. Regulatory requirements.
                C. Purchasing.
                D. Insurance changes.
                E. Licensing fees.
                F. Equipment and material needs.
                G. Training requirements.
                H. Recordkeeping Record keeping.
                I. Compensation and benefits.
                J. Other potential impacted categories.
            (2) The projected reporting, recordkeeping, and
        other administrative costs required for compliance
        with the proposed rule or amendment, including the type
        of professional skills necessary for preparation of
        the report or record.
            (3) A statement of the probable positive or
        negative economic effect on impacted small businesses.
            (4) A description of any less intrusive or less
        costly alternative methods of achieving the purpose of
        the proposed rule or amendment. The alternatives must
        be consistent with the stated objectives of the
        applicable statutes and the proposed rulemaking.
        The Department of Commerce and Economic Opportunity
    shall place notification of all proposed rules affecting
    small business on its website. The notification shall
    include the information provided by the agency under this
    subsection (c) together with the summary of the proposed
    rule published by the Joint Committee on Administrative
    Rules in the Flinn Report.
        The Business Assistance Office shall prepare an impact
    analysis of the rule or amendment describing its effect on
    small businesses whenever the Office believes, in its
    discretion, that an analysis is warranted or whenever
    requested to do so by 25 interested persons, an association
    representing at least 100 interested persons, the
    Governor, a unit of local government, or the Joint
    Committee on Administrative Rules. The impact analysis
    shall be completed before or within the notice period as
    described in subsection (b) of Section 5-40. Upon
    completion of any analysis in accordance with this
    subsection (c), the preparing agency or the Business
    Assistance Office shall submit the analysis to the Joint
    Committee on Administrative Rules, to any interested
    person who requested the analysis, and, if the agency
    prepared the analysis, to the Business Assistance Office.
        For purposes of this subsection (c), "small business"
    means a business with fewer than 50 full-time employees or
    less than $4,000,000 in gross annual sales.
        This subsection does not apply to rules and standards
    described in paragraphs (1) through (5) of subsection (c)
    of Section 1-5.
(Source: P.A. 100-688, eff. 1-1-19; revised 10-10-18.)
 
    (5 ILCS 100/10-25)  (from Ch. 127, par. 1010-25)
    Sec. 10-25. Contested cases; notice; hearing.
    (a) In a contested case, all parties shall be afforded an
opportunity for a hearing after reasonable notice. The notice
shall be served personally, by certified or registered mail, by
email as provided by Section 10-75, or as otherwise provided by
law upon the parties or their agents appointed to receive
service of process and shall include the following:
        (1) A statement of the time, place, and nature of the
    hearing.
        (2) A statement of the legal authority and jurisdiction
    under which the hearing is to be held.
        (3) A reference to the particular Sections of the
    substantive and procedural statutes and rules involved.
        (4) Except where a more detailed statement is otherwise
    provided for by law, a short and plain statement of the
    matters asserted, the consequences of a failure to respond,
    and the official file or other reference number.
        (5) To the extent such information is available, the
    names, phone numbers, email addresses, and mailing
    addresses of the administrative law judge, or designated
    agency contact, the parties, and all other persons to whom
    the agency gives notice of the hearing unless otherwise
    confidential by law.
    (b) An opportunity shall be afforded all parties to be
represented by legal counsel and to respond and present
evidence and argument.
    (c) Unless precluded by law, disposition may be made of any
contested case by stipulation, agreed settlement, consent
order, or default.
(Source: P.A. 100-880, eff. 1-1-19; revised 10-10-18.)
 
    (5 ILCS 100/10-50)  (from Ch. 127, par. 1010-50)
    Sec. 10-50. Decisions and orders.
    (a) A final decision or order adverse to a party (other
than the agency) in a contested case shall be in writing or
stated in the record. A final decision shall include findings
of fact and conclusions of law, separately stated. Findings of
fact, if set forth in statutory language, shall be accompanied
by a concise and explicit statement of the underlying facts
supporting the findings. If, in accordance with agency rules, a
party submitted proposed findings of fact, the decision shall
include a ruling upon each proposed finding. Parties or their
agents appointed to receive service of process shall be
notified either personally, by registered or certified mail, or
by email as provided by Section 10-75, or as otherwise provided
by law. Upon request a copy of the decision or order shall be
delivered or mailed forthwith to each party and to his attorney
of record.
    (b) All agency orders shall specify whether they are final
and subject to the Administrative Review Law. Every final order
shall contain a list of all parties of record to the case
including the name and address of the agency or officer
entering the order and the addresses of each party as known to
the agency where the parties may be served with pleadings,
notices, or service of process for any review or further
proceedings. Every final order shall also state whether the
rules of the agency require any motion or request for
reconsideration and cite the rule for the requirement. The
changes made by this amendatory Act of the 100th General
Assembly apply to all actions filed under the Administrative
Review Law on or after the effective date of this amendatory
Act of the 100th General Assembly.
    (c) A decision by any agency in a contested case under this
Act shall be void unless the proceedings are conducted in
compliance with the provisions of this Act relating to
contested cases, except to the extent those provisions are
waived under Section 10-70 and except to the extent the agency
has adopted its own rules for contested cases as authorized in
Section 1-5.
(Source: P.A. 100-212, eff. 8-18-17; 100-880, eff. 1-1-19;
revised 10-10-18.)
 
    (5 ILCS 100/10-75)
    Sec. 10-75. Service by email.
    (a) The following requirements shall apply for consenting
to accept service by email:
        (1) At any time either before or after its issuance of
    a hearing notice as described in Section 10-25, an agency
    may require any attorney representing a party to the
    hearing to provide one or more email addresses at which he
    or she they shall accept service of documents described in
    Sections 10-25 and 10-50 in connection with the hearing. A
    party represented by an attorney may provide the email
    address of the attorney.
        (2) To the extent a person or entity is subject to
    licensure, permitting, or regulation by the agency, or
    submits an application for licensure or permitting to the
    agency, that agency may require, as a condition of such
    application, licensure, permitting, or regulation, that
    such persons or entities consent to service by email of the
    documents described in Sections 10-25 and 10-50 for any
    hearings that may arise in connection with such
    application, licensure or regulation, provided that the
    agency: (i) requires that any person or entity providing
    such an email address update that email address if it is
    changed; and (ii) annually verifies that email address.
        (3) At any time either before or after its issuance of
    a hearing notice as described in Section 10-25, an agency
    may request, but not require, an unrepresented party that
    is not subject to paragraph (2) of this subsection (a) to
    consent to accept service by email of the documents
    described in Sections 10-25 and 10-50 by designating an
    email address at which they will accept service.
        (4) Any person or entity who submits an email address
    under this Section shall also be given the option to
    designate no more than two secondary email addresses at
    which the person or entity consents to accept service,
    provided that, if any secondary email address is
    designated, an agency must serve the documents to both the
    designated primary and secondary email addresses.
    (b) Notwithstanding any party's consent to accept service
by email, no document described in Section Sections 10-25 or
10-50 may be served by email to the extent the document
contains:
        (1) a Social Security or individual taxpayer
    identification number;
        (2) a driver's license number;
        (3) a financial account number;
        (4) a debit or credit card number;
        (5) any other information that could reasonably be
    deemed personal, proprietary, confidential, or trade
    secret information; or
        (6) any information about or concerning a minor.
    (c) Service by email is deemed complete on the day of
transmission. Agencies that use email to serve documents under
Sections 10-25 and 10-50 shall adopt rules that specify the
standard for confirming delivery, and in failure to confirm
delivery, what steps the agency will take to ensure that
service by email or other means is accomplished.
    (d) This Section shall not apply with respect to any
service of notice other than under this Act.
(Source: P.A. 100-880, eff. 1-1-19; revised 10-10-18.)
 
    Section 15. The Freedom of Information Act is amended by
changing Sections 3 and 7.5 as follows:
 
    (5 ILCS 140/3)  (from Ch. 116, par. 203)
    Sec. 3. (a) Each public body shall make available to any
person for inspection or copying all public records, except as
otherwise provided in Sections 7 and 8.5 of this Act.
Notwithstanding any other law, a public body may not grant to
any person or entity, whether by contract, license, or
otherwise, the exclusive right to access and disseminate any
public record as defined in this Act.
    (b) Subject to the fee provisions of Section 6 of this Act,
each public body shall promptly provide, to any person who
submits a request, a copy of any public record required to be
disclosed by subsection (a) of this Section and shall certify
such copy if so requested.
    (c) Requests for inspection or copies shall be made in
writing and directed to the public body. Written requests may
be submitted to a public body via personal delivery, mail,
telefax, or other means available to the public body. A public
body may honor oral requests for inspection or copying. A
public body may not require that a request be submitted on a
standard form or require the requester to specify the purpose
for a request, except to determine whether the records are
requested for a commercial purpose or whether to grant a
request for a fee waiver. All requests for inspection and
copying received by a public body shall immediately be
forwarded to its Freedom of Information officer or designee.
    (d) Each public body shall, promptly, either comply with or
deny a request for public records within 5 business days after
its receipt of the request, unless the time for response is
properly extended under subsection (e) of this Section. Denial
shall be in writing as provided in Section 9 of this Act.
Failure to comply with a written request, extend the time for
response, or deny a request within 5 business days after its
receipt shall be considered a denial of the request. A public
body that fails to respond to a request within the requisite
periods in this Section but thereafter provides the requester
with copies of the requested public records may not impose a
fee for such copies. A public body that fails to respond to a
request received may not treat the request as unduly burdensome
under subsection (g).
    (e) The time for response under this Section may be
extended by the public body for not more than 5 business days
from the original due date for any of the following reasons:
        (i) the requested records are stored in whole or in
    part at other locations than the office having charge of
    the requested records;
        (ii) the request requires the collection of a
    substantial number of specified records;
        (iii) the request is couched in categorical terms and
    requires an extensive search for the records responsive to
    it;
        (iv) the requested records have not been located in the
    course of routine search and additional efforts are being
    made to locate them;
        (v) the requested records require examination and
    evaluation by personnel having the necessary competence
    and discretion to determine if they are exempt from
    disclosure under Section 7 of this Act or should be
    revealed only with appropriate deletions;
        (vi) the request for records cannot be complied with by
    the public body within the time limits prescribed by
    subsection (d) paragraph (c) of this Section without unduly
    burdening or interfering with the operations of the public
    body;
        (vii) there is a need for consultation, which shall be
    conducted with all practicable speed, with another public
    body or among 2 two or more components of a public body
    having a substantial interest in the determination or in
    the subject matter of the request.
    The person making a request and the public body may agree
in writing to extend the time for compliance for a period to be
determined by the parties. If the requester and the public body
agree to extend the period for compliance, a failure by the
public body to comply with any previous deadlines shall not be
treated as a denial of the request for the records.
    (f) When additional time is required for any of the above
reasons, the public body shall, within 5 business days after
receipt of the request, notify the person making the request of
the reasons for the extension and the date by which the
response will be forthcoming. Failure to respond within the
time permitted for extension shall be considered a denial of
the request. A public body that fails to respond to a request
within the time permitted for extension but thereafter provides
the requester with copies of the requested public records may
not impose a fee for those copies. A public body that requests
an extension and subsequently fails to respond to the request
may not treat the request as unduly burdensome under subsection
(g).
    (g) Requests calling for all records falling within a
category shall be complied with unless compliance with the
request would be unduly burdensome for the complying public
body and there is no way to narrow the request and the burden
on the public body outweighs the public interest in the
information. Before invoking this exemption, the public body
shall extend to the person making the request an opportunity to
confer with it in an attempt to reduce the request to
manageable proportions. If any public body responds to a
categorical request by stating that compliance would unduly
burden its operation and the conditions described above are
met, it shall do so in writing, specifying the reasons why it
would be unduly burdensome and the extent to which compliance
will so burden the operations of the public body. Such a
response shall be treated as a denial of the request for
information.
    Repeated requests from the same person for the same records
that are unchanged or identical to records previously provided
or properly denied under this Act shall be deemed unduly
burdensome under this provision.
    (h) Each public body may promulgate rules and regulations
in conformity with the provisions of this Section pertaining to
the availability of records and procedures to be followed,
including:
        (i) the times and places where such records will be
    made available, and
        (ii) the persons from whom such records may be
    obtained.
    (i) The time periods for compliance or denial of a request
to inspect or copy records set out in this Section shall not
apply to requests for records made for a commercial purpose,
requests by a recurrent requester, or voluminous requests. Such
requests shall be subject to the provisions of Sections 3.1,
3.2, and 3.6 of this Act, as applicable.
(Source: P.A. 98-1129, eff. 12-3-14; revised 9-17-18.)
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (n) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Record Records Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained in,
    stored in, submitted to, transferred by, or released from
    the Illinois Health Information Exchange, and identified
    or deidentified health information in the form of health
    data and medical records of the Illinois Health Information
    Exchange in the possession of the Illinois Health
    Information Exchange Authority due to its administration
    of the Illinois Health Information Exchange. The terms
    "identified" and "deidentified" shall be given the same
    meaning as in the Health Insurance Portability and
    Accountability Act of 1996, Public Law 104-191, or any
    subsequent amendments thereto, and any regulations
    promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed Carry
    Licensing Review Board under the Firearm Concealed Carry
    Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of an
    eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day and
    temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) (ll) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) (ll) Information that is exempt from disclosure
    under Section 70 of the Higher Education Student Assistance
    Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
 
    Section 20. The Illinois Notary Public Act is amended by
changing Section 7-108 as follows:
 
    (5 ILCS 312/7-108)  (from Ch. 102, par. 207-108)
    Sec. 7-108. Reprimand, suspension, and revocation of
commission.
    (a) The Secretary of State may revoke the commission of any
notary public who, during the current term of appointment:
        (1) submits an application for commission and
    appointment as a notary public which contains substantial
    and material misstatement or omission of fact; or
        (2) is convicted of any felony, misdemeanors,
    including those defined in Part C, Articles 16, 17, 18, 19,
    and 21, and Part E, Articles 31, 32, and 33 of the Criminal
    Code of 2012, or official misconduct under this Act.
    (b) Whenever the Secretary of State believes that a
violation of this Article has occurred, he or she may
investigate any such violation. The Secretary may also
investigate possible violations of this Article upon a signed
written complaint on a form designated by the Secretary.
    (c) A notary's failure to cooperate or respond to an
investigation by the Secretary of State is a failure by the
notary to fully and faithfully discharge the responsibilities
and duties of a notary and shall result in suspension or
revocation of the notary's commission.
    (d) All written complaints which on their face appear to
establish facts which, if proven true, would constitute an act
of misrepresentation or fraud in notarization or on the part of
the notary shall be investigated by the Secretary of State to
determine whether cause exists to reprimand, suspend, or revoke
the commission of the notary.
    (e) The Secretary of State may deliver a written official
warning and reprimand to a notary, or may revoke or suspend a
notary's commission, for any of the following:
        (1) a notary's official misconduct, as defined under
    Section 7-104;
        (2) any ground for which an application for appointment
    as a notary may be denied for failure to complete
    application requirements as provided under Section 2-102;
        (3) any prohibited act provided under Section 6-104; or
        (4) a violation of any provision of the general
    statutes.
    (f) After investigation and upon a determination by the
Secretary of State that one or more prohibited acts have has
been performed in the notarization of a document, the Secretary
shall, after considering the extent of the prohibited act and
the degree of culpability of the notary, order one or more of
the following courses of action:
        (1) issue a letter of warning to the notary, including
    the Secretary's findings;
        (2) order suspension of the commission of the notary
    for a period of time designated by the Secretary;
        (3) order revocation of the commission of the notary;
        (4) refer the allegations to the appropriate State's
    Attorney's Office or the Attorney General for criminal
    investigation; or
        (5) refer the allegations to the Illinois Attorney
    Registration and Disciplinary Commission for disciplinary
    proceedings.
    (g) After a notary receives notice from the Secretary of
State that his or her commission has been revoked, that notary
shall immediately deliver his or her official seal to the
Secretary.
    (h) A notary whose appointment has been revoked due to a
violation of this Act shall not be eligible for a new
commission as a notary public in this State for a period of at
least 5 years from the date of the final revocation.
    (i) A notary may voluntarily resign from appointment by
notifying the Secretary of State in writing of his or her
intention to do so, and by physically returning his or her
stamp to the Secretary. A voluntary resignation shall not stop
or preclude any investigation into a notary's conduct, or
prevent further suspension or revocation by the Secretary, who
may pursue any such investigation to a conclusion and issue any
finding.
    (j) Upon a determination by a sworn law enforcement officer
that the allegations raised by the complaint are founded, and
the notary has received notice of suspension or revocation from
the Secretary of State, the notary is entitled to an
administrative hearing.
    (k) The Secretary of State shall adopt administrative
hearing rules applicable to this Section that are consistent
with the Illinois Administrative Procedure Act.
(Source: P.A. 100-809, eff. 1-1-19; revised 10-10-18.)
 
    Section 25. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
 
    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
    Sec. 1. Definitions. For the purpose of this Act:
    (a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher education
created by the State, the Illinois National Guard, the Illinois
State Guard, the Comprehensive Health Insurance Board, any
poison control center designated under the Poison Control
System Act that receives State funding, or any other agency or
instrumentality of the State. It does not mean any local public
entity as that term is defined in Section 1-206 of the Local
Governmental and Governmental Employees Tort Immunity Act or a
pension fund.
    (b) The term "employee" means: any present or former
elected or appointed officer, trustee or employee of the State,
or of a pension fund; any present or former commissioner or
employee of the Executive Ethics Commission or of the
Legislative Ethics Commission; any present or former
Executive, Legislative, or Auditor General's Inspector
General; any present or former employee of an Office of an
Executive, Legislative, or Auditor General's Inspector
General; any present or former member of the Illinois National
Guard while on active duty; any present or former member of the
Illinois State Guard while on State active duty; individuals or
organizations who contract with the Department of Corrections,
the Department of Juvenile Justice, the Comprehensive Health
Insurance Board, or the Department of Veterans' Affairs to
provide services; individuals or organizations who contract
with the Department of Human Services (as successor to the
Department of Mental Health and Developmental Disabilities) to
provide services including but not limited to treatment and
other services for sexually violent persons; individuals or
organizations who contract with the Department of Military
Affairs for youth programs; individuals or organizations who
contract to perform carnival and amusement ride safety
inspections for the Department of Labor; individuals who
contract with the Office of the State's Attorneys Appellate
Prosecutor to provide legal services, but only when performing
duties within the scope of the Office's prosecutorial
activities; individual representatives of or designated
organizations authorized to represent the Office of State
Long-Term Ombudsman for the Department on Aging; individual
representatives of or organizations designated by the
Department on Aging in the performance of their duties as adult
protective services agencies or regional administrative
agencies under the Adult Protective Services Act; individuals
or organizations appointed as members of a review team or the
Advisory Council under the Adult Protective Services Act;
individuals or organizations who perform volunteer services
for the State where such volunteer relationship is reduced to
writing; individuals who serve on any public entity (whether
created by law or administrative action) described in paragraph
(a) of this Section; individuals or not for profit
organizations who, either as volunteers, where such volunteer
relationship is reduced to writing, or pursuant to contract,
furnish professional advice or consultation to any agency or
instrumentality of the State; individuals who serve as foster
parents for the Department of Children and Family Services when
caring for youth in care as defined in Section 4d of the
Children and Family Services Act; individuals who serve as
members of an independent team of experts under the
Developmental Disability and Mental Health Safety Act (also
known as Brian's Law); and individuals who serve as arbitrators
pursuant to Part 10A of Article II of the Code of Civil
Procedure and the rules of the Supreme Court implementing Part
10A, each as now or hereafter amended; the term "employee" does
not mean an independent contractor except as provided in this
Section. The term includes an individual appointed as an
inspector by the Director of State Police when performing
duties within the scope of the activities of a Metropolitan
Enforcement Group or a law enforcement organization
established under the Intergovernmental Cooperation Act. An
individual who renders professional advice and consultation to
the State through an organization which qualifies as an
"employee" under the Act is also an employee. The term includes
the estate or personal representative of an employee.
    (c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18;
revised 10-18-18.)
 
    Section 30. The State Employment Records Act is amended by
changing Section 20 as follows:
 
    (5 ILCS 410/20)
    Sec. 20. Reports. State agencies shall collect, classify,
maintain, and report all information required by this Act on a
fiscal year basis. Agencies shall file, as public information
and by January 1, 1993 and each year thereafter, a copy of all
reports required by this Act with the Office of the Secretary
of State, and shall submit an annual report to the Governor.
     Each agency's annual report shall include a description of
the agency's activities in implementing the State Hispanic
Employment Plan, the State Asian-American Employment Plan, and
the bilingual employment plan in accordance with the reporting
requirements developed by the Department of Central Management
Services pursuant to Section 405-125 of the Department of
Central Management Services Law of the Civil Administrative
Code of Illinois.
    In addition to submitting the agency work force report,
each executive branch constitutional officer, each institution
of higher education under the jurisdiction of the Illinois
Board of Higher Education, each community college under the
jurisdiction of the Illinois Community College Board, and the
Illinois Toll Highway Authority shall report to the General
Assembly by February 1 of each year its activities implementing
strategies and programs, and its progress, in the hiring and
promotion of Hispanics, Asian-Americans, and bilingual persons
at supervisory, technical, professional, and managerial
levels, including assessments of bilingual service needs and
information received from the Auditor General pursuant to its
periodic review responsibilities.
(Source: P.A. 96-1286, eff. 1-1-11; 96-1341, eff. 7-27-10;
97-856, eff. 7-27-12; revised 10-10-18.)
 
    Section 35. The State Employee Housing Act is amended by
changing Section 5-35 as follows:
 
    (5 ILCS 412/5-35)
    Sec. 5-35. Housing justification. The Department of
Natural Resources, and the University of Illinois shall each
develop written criteria for determining which employment
positions necessitate provision of State housing. The criteria
shall include the specific employee responsibilities that can
only be performed effectively by occupying State housing.
(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)
 
    Section 40. The Illinois Governmental Ethics Act is amended
by changing Section 4A-101 as follows:
 
    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
    Sec. 4A-101. Persons required to file. The following
persons shall file verified written statements of economic
interests, as provided in this Article:
        (a) Members of the General Assembly and candidates for
    nomination or election to the General Assembly.
        (b) Persons holding an elected office in the Executive
    Branch of this State, and candidates for nomination or
    election to these offices.
        (c) Members of a Commission or Board created by the
    Illinois Constitution, and candidates for nomination or
    election to such Commission or Board.
        (d) Persons whose appointment to office is subject to
    confirmation by the Senate and persons appointed by the
    Governor to any other position on a board or commission
    described in subsection (a) of Section 15 of the
    Gubernatorial Boards and Commissions Act.
        (e) Holders of, and candidates for nomination or
    election to, the office of judge or associate judge of the
    Circuit Court and the office of judge of the Appellate or
    Supreme Court.
        (f) Persons who are employed by any branch, agency,
    authority or board of the government of this State,
    including but not limited to, the Illinois State Toll
    Highway Authority, the Illinois Housing Development
    Authority, the Illinois Community College Board, and
    institutions under the jurisdiction of the Board of
    Trustees of the University of Illinois, Board of Trustees
    of Southern Illinois University, Board of Trustees of
    Chicago State University, Board of Trustees of Eastern
    Illinois University, Board of Trustees of Governors
    Governor's State University, Board of Trustees of Illinois
    State University, Board of Trustees of Northeastern
    Illinois University, Board of Trustees of Northern
    Illinois University, Board of Trustees of Western Illinois
    University, or Board of Trustees of the Illinois
    Mathematics and Science Academy, and are compensated for
    services as employees and not as independent contractors
    and who:
            (1) are, or function as, the head of a department,
        commission, board, division, bureau, authority or
        other administrative unit within the government of
        this State, or who exercise similar authority within
        the government of this State;
            (2) have direct supervisory authority over, or
        direct responsibility for the formulation,
        negotiation, issuance or execution of contracts
        entered into by the State in the amount of $5,000 or
        more;
            (3) have authority for the issuance or
        promulgation of rules and regulations within areas
        under the authority of the State;
            (4) have authority for the approval of
        professional licenses;
            (5) have responsibility with respect to the
        financial inspection of regulated nongovernmental
        entities;
            (6) adjudicate, arbitrate, or decide any judicial
        or administrative proceeding, or review the
        adjudication, arbitration or decision of any judicial
        or administrative proceeding within the authority of
        the State;
            (7) have supervisory responsibility for 20 or more
        employees of the State;
            (8) negotiate, assign, authorize, or grant naming
        rights or sponsorship rights regarding any property or
        asset of the State, whether real, personal, tangible,
        or intangible; or
            (9) have responsibility with respect to the
        procurement of goods or services.
        (g) Persons who are elected to office in a unit of
    local government, and candidates for nomination or
    election to that office, including regional
    superintendents of school districts.
        (h) Persons appointed to the governing board of a unit
    of local government, or of a special district, and persons
    appointed to a zoning board, or zoning board of appeals, or
    to a regional, county, or municipal plan commission, or to
    a board of review of any county, and persons appointed to
    the Board of the Metropolitan Pier and Exposition Authority
    and any Trustee appointed under Section 22 of the
    Metropolitan Pier and Exposition Authority Act, and
    persons appointed to a board or commission of a unit of
    local government who have authority to authorize the
    expenditure of public funds. This subsection does not apply
    to members of boards or commissions who function in an
    advisory capacity.
        (i) Persons who are employed by a unit of local
    government and are compensated for services as employees
    and not as independent contractors and who:
            (1) are, or function as, the head of a department,
        division, bureau, authority or other administrative
        unit within the unit of local government, or who
        exercise similar authority within the unit of local
        government;
            (2) have direct supervisory authority over, or
        direct responsibility for the formulation,
        negotiation, issuance or execution of contracts
        entered into by the unit of local government in the
        amount of $1,000 or greater;
            (3) have authority to approve licenses and permits
        by the unit of local government; this item does not
        include employees who function in a ministerial
        capacity;
            (4) adjudicate, arbitrate, or decide any judicial
        or administrative proceeding, or review the
        adjudication, arbitration or decision of any judicial
        or administrative proceeding within the authority of
        the unit of local government;
            (5) have authority to issue or promulgate rules and
        regulations within areas under the authority of the
        unit of local government; or
            (6) have supervisory responsibility for 20 or more
        employees of the unit of local government.
        (j) Persons on the Board of Trustees of the Illinois
    Mathematics and Science Academy.
        (k) Persons employed by a school district in positions
    that require that person to hold an administrative or a
    chief school business official endorsement.
        (l) Special government agents. A "special government
    agent" is a person who is directed, retained, designated,
    appointed, or employed, with or without compensation, by or
    on behalf of a statewide executive branch constitutional
    officer to make an ex parte communication under Section
    5-50 of the State Officials and Employees Ethics Act or
    Section 5-165 of the Illinois Administrative Procedure
    Act.
        (m) Members of the board of commissioners of any flood
    prevention district created under the Flood Prevention
    District Act or the Beardstown Regional Flood Prevention
    District Act.
        (n) Members of the board of any retirement system or
    investment board established under the Illinois Pension
    Code, if not required to file under any other provision of
    this Section.
        (o) Members of the board of any pension fund
    established under the Illinois Pension Code, if not
    required to file under any other provision of this Section.
        (p) Members of the investment advisory panel created
    under Section 20 of the Illinois Prepaid Tuition Act.
    This Section shall not be construed to prevent any unit of
local government from enacting financial disclosure
requirements that mandate more information than required by
this Act.
(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,
eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;
97-754, eff. 7-6-12; revised 10-10-18.)
 
    Section 45. The State Officials and Employees Ethics Act is
amended by changing Section 25-5 as follows:
 
    (5 ILCS 430/25-5)
    Sec. 25-5. Legislative Ethics Commission.
    (a) The Legislative Ethics Commission is created.
    (b) The Legislative Ethics Commission shall consist of 8
commissioners appointed 2 each by the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
    The terms of the initial commissioners shall commence upon
qualification. Each appointing authority shall designate one
appointee who shall serve for a 2-year term running through
June 30, 2005. Each appointing authority shall designate one
appointee who shall serve for a 4-year term running through
June 30, 2007. The initial appointments shall be made within 60
days after the effective date of this Act.
    After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
    Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
    Terms shall run regardless of whether the position is
filled.
    (c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and may appoint commissioners who are members of the General
Assembly as well as commissioners from the general public. A
commissioner who is a member of the General Assembly must
recuse himself or herself from participating in any matter
relating to any investigation or proceeding in which he or she
is the subject or is a complainant. A person is not eligible to
serve as a commissioner if that person (i) has been convicted
of a felony or a crime of dishonesty or moral turpitude, (ii)
is, or was within the preceding 12 months, engaged in
activities that require registration under the Lobbyist
Registration Act, (iii) is a relative of the appointing
authority, (iv) is a State officer or employee other than a
member of the General Assembly, or (v) is a candidate for
statewide office, federal office, or judicial office.
    (c-5) If a commissioner is required to recuse himself or
herself from participating in a matter as provided in
subsection (c), the recusal shall create a temporary vacancy
for the limited purpose of consideration of the matter for
which the commissioner recused himself or herself, and the
appointing authority for the recusing commissioner shall make a
temporary appointment to fill the vacancy for consideration of
the matter for which the commissioner recused himself or
herself.
    (d) The Legislative Ethics Commission shall have
jurisdiction over current and former members of the General
Assembly regarding events occurring during a member's term of
office and current and former State employees regarding events
occurring during any period of employment where the State
employee's ultimate jurisdictional authority is (i) a
legislative leader, (ii) the Senate Operations Commission, or
(iii) the Joint Committee on Legislative Support Services. The
jurisdiction of the Commission is limited to matters arising
under this Act.
    An officer or executive branch State employee serving on a
legislative branch board or commission remains subject to the
jurisdiction of the Executive Ethics Commission and is not
subject to the jurisdiction of the Legislative Ethics
Commission.
    (e) The Legislative Ethics Commission must meet, either in
person or by other technological means, monthly or as often as
necessary. At the first meeting of the Legislative Ethics
Commission, the commissioners shall choose from their number a
chairperson and other officers that they deem appropriate. The
terms of officers shall be for 2 years commencing July 1 and
running through June 30 of the second following year. Meetings
shall be held at the call of the chairperson or any 3
commissioners. Official action by the Commission shall require
the affirmative vote of 5 commissioners, and a quorum shall
consist of 5 commissioners. Commissioners shall receive no
compensation but may be reimbursed for their reasonable
expenses actually incurred in the performance of their duties.
    (f) No commissioner, other than a commissioner who is a
member of the General Assembly, or employee of the Legislative
Ethics Commission may during his or her term of appointment or
employment:
        (1) become a candidate for any elective office;
        (2) hold any other elected or appointed public office
    except for appointments on governmental advisory boards or
    study commissions or as otherwise expressly authorized by
    law;
        (3) be actively involved in the affairs of any
    political party or political organization; or
        (4) advocate for the appointment of another person to
    an appointed or elected office or position or actively
    participate in any campaign for any elective office.
    (f-5) No commissioner who is a member of the General
Assembly may be a candidate for statewide office, federal
office, or judicial office. If a commissioner who is a member
of the General Assembly files petitions to be a candidate for a
statewide office, federal office, or judicial office, he or she
shall be deemed to have resigned from his or her position as a
commissioner on the date his or her name is certified for the
ballot by the State Board of Elections or local election
authority and his or her position as a commissioner shall be
deemed vacant. Such person may not be reappointed to the
Commission during any time he or she is a candidate for
statewide office, federal office, or judicial office.
    (g) An appointing authority may remove a commissioner only
for cause.
    (h) The Legislative Ethics Commission shall appoint an
Executive Director subject to the approval of at least 3 of the
4 legislative leaders. The compensation of the Executive
Director shall be as determined by the Commission. The
Executive Director of the Legislative Ethics Commission may
employ, subject to the approval of at least 3 of the 4
legislative leaders, and determine the compensation of staff,
as appropriations permit.
    (i) In consultation with the Legislative Inspector
General, the Legislative Ethics Commission may develop
comprehensive training for members and employees under its
jurisdiction that includes, but is not limited to, sexual
harassment, employment discrimination, and workplace civility.
The training may be recommended to the ultimate jurisdictional
authorities and may be approved by the Commission to satisfy
the sexual harassment training required under Section 5-10.5 or
be provided in addition to the annual sexual harassment
training required under Section 5-10.5. The Commission may seek
input from governmental agencies or private entities for
guidance in developing such training.
(Source: P.A. 100-588, eff. 6-8-18; revised 10-11-18.)
 
    Section 50. The State Commemorative Dates Act is amended by
setting forth and renumbering multiple versions of Section 195
as follows:
 
    (5 ILCS 490/195)
    Sec. 195. Illinois Statehood Day. December 3rd of each year
is designated as Illinois Statehood Day, to be observed
throughout the State as a day to commemorate December 3, 1818
as the day Illinois became the 21st State to join the Union.
Each year, within 10 days before Illinois Statehood Day, the
Governor shall issue a proclamation announcing the recognition
of Statehood Day, and designate the official events that shall
be held in honor of Illinois obtaining statehood on December 3,
1818.
(Source: P.A. 100-898, eff. 1-1-19.)
 
    (5 ILCS 490/196)
    Sec. 196 195. Day of the Horse. The fifth day of March of
each year shall be designated as the Day of the Horse, to be
observed throughout the State as a day to encourage citizens to
honor and celebrate the role of equines in the history and
character of Illinois, and to recognize the benefits of the
equine industry to the economy, agriculture, tourism, and
quality of life in Illinois.
(Source: P.A. 100-1033, eff. 8-22-18; revised 10-3-18.)
 
    Section 55. The Community-Law Enforcement Partnership for
Deflection and Substance Use Disorder Treatment Act is amended
by changing Sections 15 and 35 as follows:
 
    (5 ILCS 820/15)
    Sec. 15. Authorization.
    (a) Any law enforcement agency may establish a deflection
program subject to the provisions of this Act in partnership
with one or more licensed providers of substance use disorder
treatment services and one or more community members or
organizations.
    (b) The deflection program may involve a post-overdose
deflection response, a self-referral deflection response, an
active outreach deflection response, an officer prevention
deflection response, or an officer intervention deflection
response, or any combination of those.
    (c) Nothing shall preclude the General Assembly from adding
other responses to a deflection program, or preclude a law
enforcement agency from developing a deflection program
response based on a model unique and responsive to local
issues, substance use or mental health needs, and partnerships,
using sound and promising or evidence-based practices.
    (c-5) Whenever appropriate and available, case management
should be provided by a licensed treatment provider or other
appropriate provider and may include peer recovery support
approaches.
    (d) To receive funding for activities as described in
Section 35 of this Act, planning for the deflection program
shall include:
        (1) the involvement of one or more licensed treatment
    programs and one or more community members member or
    organizations organization; and
        (2) an agreement with the Illinois Criminal Justice
    Information Authority to collect and evaluate relevant
    statistical data related to the program, as established by
    the Illinois Criminal Justice Information Authority in
    paragraph (2) of subsection (a) of Section 25 of this Act.
(Source: P.A. 100-1025, eff. 1-1-19; revised 10-3-18.)
 
    (5 ILCS 820/35)
    Sec. 35. Funding.
    (a) The General Assembly may appropriate funds to the
Illinois Criminal Justice Information Authority for the
purpose of funding law enforcement agencies for services
provided by deflection program partners as part of deflection
programs subject to subsection (d) of Section 15 of this Act.
    (b) The Illinois Criminal Justice Information Authority
may adopt guidelines and requirements to direct the
distribution of funds for expenses related to deflection
programs. Funding shall be made available to support both new
and existing deflection programs in a broad spectrum of
geographic regions in this State, including urban, suburban,
and rural communities. Activities eligible for funding under
this Act may include, but are not limited to, the following:
        (1) activities related to program administration,
    coordination, or management, including, but not limited
    to, the development of collaborative partnerships with
    licensed treatment providers and community members or
    organizations; collection of program data; or monitoring
    of compliance with a local deflection program plan;
        (2) case management including case management provided
    prior to assessment, diagnosis, and engagement in
    treatment, as well as assistance navigating and gaining
    access to various treatment modalities and support
    services;
        (3) peer recovery or recovery support services that
    include the perspectives of persons with the experience of
    recovering from a substance use disorder, either
    themselves or as family members;
        (4) transportation to a licensed treatment provider or
    other program partner location;
        (5) program evaluation activities.
    (c) Specific linkage agreements with recovery support
services or self-help entities may be a requirement of the
program services protocols. All deflection programs shall
encourage the involvement of key family members and significant
others as a part of a family-based approach to treatment. All
deflection programs are encouraged to use evidence-based
practices and outcome measures in the provision of substance
use disorder treatment and medication-assisted medication
assisted treatment for persons with opioid use disorders.
(Source: P.A. 100-1025, eff. 1-1-19; revised 10-3-18.)
 
    Section 60. The Election Code is amended by changing
Sections 3-4, 4-12, 5-15, 6-44, 6A-7, 7-2, 7-58, 17-22, and
24A-10 as follows:
 
    (10 ILCS 5/3-4)  (from Ch. 46, par. 3-4)
    Sec. 3-4. No patient who has resided for less than 180 days
in any hospital or mental institution in this State, shall by
virtue of his abode at such hospital or mental institution be
deemed a resident or legal voter in the town, city, village or
election district or precinct in which such hospital or mental
institution may be situated; but every such person shall be
deemed a resident of the town, city, village or election
district or precinct in which he resided next prior to becoming
a patient of such hospital or mental institution. However, the
term "hospital" does not include skilled nursing facilities.
(Source: P.A. 100-1110, eff. 8-28-18; revised 9-26-18.)
 
    (10 ILCS 5/4-12)  (from Ch. 46, par. 4-12)
    Sec. 4-12. Any voter or voters in the township, city,
village or incorporated town containing such precinct, and any
precinct committeeperson in the county, may, between the hours
of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the second
week prior to the week in which the 1970 primary election for
the nomination of candidates for State and county offices or
any election thereafter is to be held, make application in
writing, to the county clerk, to have any name upon the
register of any precinct erased. Such application shall be, in
substance, in the words and figures following:
    "I, being a qualified voter, registered from No. ....
Street in the .... precinct of the .... ward of the city
(village or town of) .... (or of the .... town of ....) do
hereby solemnly swear (or affirm) that .... registered from No.
.... Street is not a qualified voter in the .... precinct of
.... ward of the city (village or town) of .... (or of the ....
town of ....) and hence I ask that his name be erased from the
register of such precinct for the following reason .....
    Affiant further says that he has personal knowledge of the
facts set forth in the above affidavit.
(Signed) .....
    Subscribed and sworn to before me on (insert date).
....
....
....."

 
    Such application shall be signed and sworn to by the
applicant before the county clerk or any deputy authorized by
the county clerk for that purpose, and filed with said clerk.
Thereupon notice of such application, and of the time and place
of hearing thereon, with a demand to appear before the county
clerk and show cause why his name shall not be erased from said
register, shall be mailed, in an envelope duly stamped and
directed to such person at the address upon said register, at
least four days before the day fixed in said notice to show
cause. If such person has provided the election authority with
an e-mail address, then the election authority shall also send
the same notice by electronic mail at least 4 days before the
day fixed in said notice to show cause.
    A like notice shall be mailed to the person or persons
making the application to have the name upon such register
erased to appear and show cause why said name should be erased,
the notice to set out the day and hour of such hearing. If the
voter making such application fails to appear before said clerk
at the time set for the hearing as fixed in the said notice or
fails to show cause why the name upon such register shall be
erased, the application to erase may be dismissed by the county
clerk.
    Any voter making the application is privileged from arrest
while presenting it to the county clerk, and while going to and
from the office of the county clerk.
(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
    (10 ILCS 5/5-15)  (from Ch. 46, par. 5-15)
    Sec. 5-15. Any voter or voters in the township, city,
village, or incorporated town containing such precinct, and any
precinct committeeperson in the county, may, between the hours
of nine o'clock a.m. and six o'clock p.m. of the Monday and
Tuesday of the third week immediately preceding the week in
which such April 10, 1962 Primary Election is to be held, make
application in writing, before such County Clerk, to have any
name upon such register of any precinct erased. Thereafter such
application shall be made between the hours of nine o'clock
a.m. and six o'clock p.m. of Monday and Tuesday of the second
week prior to the week in which any county, city, village,
township, or incorporated town election is to be held. Such
application shall be in substance, in the words and figures
following:
    "I, being a qualified voter, registered from No. ....
Street in the .... precinct of the .... Ward of the city
(village or town of .... ) of the .... District .... town of
.... do hereby solemnly swear (or affirm) that .... registered
from No. .... Street is not a qualified voter in the ....
precinct of the .... ward of the city (village or town) of ....
or of the .... district town of .... hence I ask that his name
be erased from the register of such precinct for the following
reason ..... Affiant further says that he has personal
knowledge of the facts set forth in the above affidavit.
(Signed) .....
    Subscribed and sworn to before me on (insert date).
....
....
...."
    Such application shall be signed and sworn to by the
applicant before the County Clerk or any Deputy authorized by
the County Clerk for that purpose, and filed with the Clerk.
Thereupon notice of such application, with a demand to appear
before the County Clerk and show cause why his name shall not
be erased from the register, shall be mailed by special
delivery, duly stamped and directed, to such person, to the
address upon said register at least 4 days before the day fixed
in said notice to show cause. If such person has provided the
election authority with an e-mail address, then the election
authority shall also send the same notice by electronic mail at
least 4 days before the day fixed in said notice to show cause.
    A like notice shall be mailed to the person or persons
making the application to have the name upon such register
erased to appear and show cause why the name should be erased,
the notice to set out the day and hour of such hearing. If the
voter making such application fails to appear before the Clerk
at the time set for the hearing as fixed in the said notice or
fails to show cause why the name upon such register shall be
erased, the application may be dismissed by the County Clerk.
    Any voter making such application or applications shall be
privileged from arrest while presenting the same to the County
Clerk, and while whilst going to and returning from the office
of the County Clerk.
(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)
 
    (10 ILCS 5/6-44)  (from Ch. 46, par. 6-44)
    Sec. 6-44. Any voter or voters in the ward, village or
incorporated town containing such precinct, and any precinct
committeeperson in the county, may, between the hours of nine
o'clock a.m. and six p.m. of Monday and Tuesday of the second
week prior to the week in which such election is to be held
make application in writing, before such board of election
commissioners, to have any name upon such register of any
precinct erased. However, in municipalities having a
population of more than 500,000 and having a board of election
commissioners (except as otherwise provided for such
municipalities in Section 6-60 of this Article) and in all
cities, villages and incorporated towns within the
jurisdiction of such board, such application shall be made
between the hours of nine o'clock a.m. and six o'clock p.m. of
Monday and Tuesday of the second week prior to the week in
which such election is to be held. Such application shall be,
in substance, in the words and figures following:
    "I, being a qualified voter, registered from No. ....
street in the .... precinct of the .... ward of the city
(village or town) of .... do hereby solemnly swear (or affirm)
that I have personal knowledge that .... registered from No.
.... street is not a qualified voter in the .... precinct of
the .... ward of the city (village or town) of .... and hence I
ask that his name be erased from the register of such precinct
for the following reason ....
    Affiant further says that he has personal knowledge of the
facts set forth in the above affidavit.
(Signed)....
    Subscribed and sworn to before me on (insert date).
....
...."
    Such application shall be signed and sworn to by the
applicant before any member of the board or the clerk thereof
and filed with said board. Thereupon notice of such
application, with a demand to appear before the board of
election commissioners and show cause why his name shall not be
erased from said register, shall be personally served upon such
person or left at his place of residence indicated in such
register, or in the case of a homeless individual, at his or
her mailing address, by a messenger of said board of election
commissioners, and, as to the manner and time of serving such
notice such messenger shall make affidavit; the messenger shall
also make affidavit of the fact in case he cannot find such
person or his place of residence, and that he went to the place
named on such register as his or her place of residence. Such
notice shall be served at least one day before the time fixed
for such party to show cause.
    The commissioners shall also cause a like notice or demand
to be sent by mail duly stamped and directed, to such person,
to the address upon the register at least 2 days before the day
fixed in the notice to show cause.
    A like notice shall be served on the person or persons
making the application to have the name upon such register
erased to appear and show cause why said name shall be erased,
the notice to set out the day and hour of such hearing. If the
voter making such application fails to appear before said board
at the time set for the hearing as fixed in the notice or fails
to show cause why the name upon such register shall be erased,
the application may be dismissed by the board.
    Any voter making such application or applications shall be
privileged from arrest while presenting the same to the board
of election commissioners, and while going to and returning
from the board of election commissioners.
(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
    (10 ILCS 5/6A-7)  (from Ch. 46, par. 6A-7)
    Sec. 6A-7. Dissolution.
    (a) Except as provided in subsection (b), any county which
has established a board of election commissioners may
subsequently vote to dissolve such board in the same manner as
provided in Article 6 for cities, villages, and incorporated
towns, except that the petition to the circuit court to submit
to the vote of the electors of the county the proposition to
dissolve the board of election commissioners shall be signed by
at least 10% of the registered voters of the county.
    (b) A county board in a county that has established a
county board of election commissioners in accordance with
subsection (a) of Section 6A-1 of this the Election Code may,
by ordinance or resolution, dissolve the county board of
election commissioners and transfer its functions to the county
clerk.
(Source: P.A. 100-628, eff. 1-1-19; revised 9-19-18.)
 
    (10 ILCS 5/7-2)  (from Ch. 46, par. 7-2)
    Sec. 7-2. A political party, which at the general election
for State and county officers then next preceding a primary,
polled more than 5 per cent of the entire vote cast in the
State, is hereby declared to be a political party within the
State, and shall nominate all candidates provided for in this
Article 7 under the provisions hereof, and shall elect
precinct, township, ward, and State central committeepersons
as herein provided.
    A political party, which at the general election for State
and county officers then next preceding a primary, cast more
than 5 per cent of the entire vote cast within any
congressional district, is hereby declared to be a political
party within the meaning of this Article, within such
congressional district, and shall nominate its candidate for
Representative in Congress, under the provisions hereof. A
political party, which at the general election for State and
county officers then next preceding a primary, cast more than 5
per cent of the entire vote cast in any county, is hereby
declared to be a political party within the meaning of this
Article, within said county, and shall nominate all county
officers in said county under the provisions hereof, and shall
elect precinct, township, and ward committeepersons, as herein
provided. ;
    A political party, which at the municipal election for
city, village, or incorporated town officers then next
preceding a primary, cast more than 5 per cent of the entire
vote cast in any city, or village, or incorporated town is
hereby declared to be a political party within the meaning of
this Article, within said city, village, or incorporated town,
and shall nominate all city, village, or incorporated town
officers in said city, or village, or incorporated town under
the provisions hereof to the extent and in the cases provided
in Section 7-1.
    A political party, which at the municipal election for town
officers then next preceding a primary, cast more than 5 per
cent of the entire vote cast in said town, is hereby declared
to be a political party within the meaning of this Article,
within said town, and shall nominate all town officers in said
town under the provisions hereof to the extent and in the cases
provided in Section 7-1.
    A political party, which at the municipal election in any
other municipality or political subdivision, (except townships
and school districts), for municipal or other officers therein
then next preceding a primary, cast more than 5 per cent of the
entire vote cast in such municipality or political subdivision,
is hereby declared to be a political party within the meaning
of this Article, within said municipality or political
subdivision, and shall nominate all municipal or other officers
therein under the provisions hereof to the extent and in the
cases provided in Section 7-1.
    Provided, that no political organization or group shall be
qualified as a political party hereunder, or given a place on a
ballot, which organization or group is associated, directly or
indirectly, with Communist, Fascist, Nazi, or other
un-American principles and engages in activities or propaganda
designed to teach subservience to the political principles and
ideals of foreign nations or the overthrow by violence of the
established constitutional form of government of the United
States and the State of Illinois.
(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)
 
    (10 ILCS 5/7-58)  (from Ch. 46, par. 7-58)
    Sec. 7-58. Each county clerk or board of election
commissioners shall, upon completion of the canvassing of the
returns, make and transmit to the State Board of Elections and
to each election authority whose duty it is to print the
official ballot for the election for which the nomination is
made a proclamation of the results of the primary. The
proclamation shall state the name of each candidate of each
political party so nominated or elected, as shown by the
returns, together with the name of the office for which he or
she was nominated or elected, including precinct, township and
ward committeepersons, and including in the case of the State
Board of Elections, candidates for State central
committeepersons, and delegates and alternate delegates to
National nominating conventions. If a notice of contest is
filed, the election authority shall, within one business day
after receiving a certified copy of the court's judgment or
order, amend its proclamation accordingly and proceed to file
an amended proclamation with the appropriate election
authorities and with the State Board of Elections.
    The State Board of Elections shall issue a certificate of
election to each of the persons shown by the returns and the
proclamation thereof to be elected State central
committeepersons, and delegates and alternate delegates to
National nominating nomination conventions; and the county
clerk shall issue a certificate of election to each person
shown by the returns to be elected precinct, township or ward
committeeperson. The certificate issued to such precinct
committeeperson shall state the number of ballots voted in his
or her precinct by the primary electors of his or her party at
the primary at which he or she was elected. The certificate
issued to such township committeeperson shall state the number
of ballots voted in his or her township or part of a township,
as the case may be, by the primary electors of his or her party
at the primary at which he or she was elected. The certificate
issued to such ward committeeperson shall state the number of
ballots voted in his or her ward by the primary electors of his
or her party at the primary at which he or she was elected.
(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
    (10 ILCS 5/17-22)  (from Ch. 46, par. 17-22)
    Sec. 17-22. The judges of election shall make the tally
sheet and certificate of results in triplicate. If, however,
the number of established political parties, as defined in
Section 10-2, exceeds 2, one additional copy shall be made for
each established political party in excess of 2. One list of
voters, or other proper return with such certificate written
thereon, and accompanying tally sheet footed up so as to show
the correct number of votes cast for each person voted for,
shall be carefully enveloped and sealed up by the judges of
election, 2 of whom (one from each of the 2 major political
parties) shall immediately deliver same to the county clerk, or
his deputy, at the office of the county clerk, or to an
officially designated receiving station established by the
county clerk where a duly authorized representative of the
county clerk shall receive said envelopes for immediate
transmission to the office of county clerk, who shall safely
keep them. The other certificates of results and accompanying
tally sheet shall be carefully enveloped and sealed up and duly
directed, respectively, to the chair chairp of the county
central committee of each then existing established political
party, and by another of the judges of election deposited
immediately in the nearest United States letter deposit.
However, if any county chair notifies the county clerk not
later than 10 days before the election of his desire to receive
the envelope addressed to him at the point and at the time same
are delivered to the county clerk, his deputy or receiving
station designee the envelopes shall be delivered to such
county chair or his designee immediately upon receipt thereof
by the county clerk, his deputy or his receiving station
designee. The person or persons so designated by a county chair
shall sign an official receipt acknowledging receipt of said
envelopes. The poll book and tally list filed with the county
clerk shall be kept one year, and certified copies thereof
shall be evidence in all courts, proceedings and election
contests. Before the returns are sealed up, as aforesaid, the
judges shall compare the tally papers, footings and
certificates and see that they are correct and duplicates of
each other, and certify to the correctness of the same.
    At the consolidated election, the judges of election shall
make a tally sheet and certificate of results for each
political subdivision for which candidates or public questions
are on the ballot at such election, and shall sign, seal in a
marked envelope and deliver them to the county clerk with the
other certificates of results herein required. Such tally
sheets and certificates of results may be duplicates of the
tally sheet and certificate of results otherwise required by
this Section, showing all votes for all candidates and public
questions voted for or upon in the precinct, or may be on
separate forms prepared by the election authority and showing
only those votes cast for candidates and public questions of
each such political subdivision.
    Within 2 days of delivery of complete returns of the
consolidated election, the county clerk shall transmit an
original, sealed tally sheet and certificate of results from
each precinct in his jurisdiction in which candidates or public
questions of a political subdivision were on the ballot to the
local election official of such political subdivision. Each
local election official, within 24 hours of receipt of all of
the tally sheets and certificates of results for all precincts
in which candidates or public questions of his political
subdivision were on the ballot, shall transmit such sealed
tally sheets and certificates of results to the canvassing
board for that political subdivision.
    In the case of referenda for the formation of a political
subdivision, the tally sheets and certificates of results shall
be transmitted by the county clerk to the circuit court that
ordered the proposition submitted or to the officials
designated by the court to conduct the canvass of votes. In the
case of school referenda for which a regional superintendent of
schools is responsible for the canvass of votes, the county
clerk shall transmit the tally sheets and certificates of
results to the regional superintendent of schools.
    Where voting machines or electronic voting systems are
used, the provisions of this section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
    Only judges appointed under the provisions of subsection
(a) of Section 13-4 or subsection (b) of Section 14-1 may make
any delivery required by this Section from judges of election
to a county clerk, or his or her deputy, at the office of the
county clerk or to a county clerk's duly authorized
representative at the county clerk's officially designated
receiving station.
(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
    (10 ILCS 5/24A-10)  (from Ch. 46, par. 24A-10)
    Sec. 24A-10. (1) In an election jurisdiction which has
adopted an electronic voting system, the election official in
charge of the election shall select one of the 3 following
procedures for receiving, counting, tallying, and return of the
ballots:
    (a) Two ballot boxes shall be provided for each polling
place. The first ballot box is for the depositing of votes cast
on the electronic voting system; and the second ballot box is
for all votes cast on paper ballots, including any paper
ballots required to be voted other than on the electronic
voting system. Ballots deposited in the second ballot box shall
be counted, tallied, and returned as is elsewhere provided in
this Code "The Election Code," as amended, for the counting and
handling of paper ballots. Immediately after the closing of the
polls, the judges of election shall make out a slip indicating
the number of persons who voted in the precinct at the
election. Such slip shall be signed by all the judges of
election and shall be inserted by them in the first ballot box.
The judges of election shall thereupon immediately lock each
ballot box; provided, that if such box is not of a type which
may be securely locked, such box shall be sealed with filament
tape provided for such purpose which shall be wrapped around
the box lengthwise and crosswise, at least twice each way, and
in such manner that the seal completely covers the slot in the
ballot box, and each of the judges shall sign such seal.
Thereupon two of the judges of election, of different political
parties, shall forthwith and by the most direct route transport
both ballot boxes to the counting location designated by the
county clerk or board of election commissioners.
    Before the ballots of a precinct are fed to the electronic
tabulating equipment, the first ballot box shall be opened at
the central counting station by the two precinct transport
judges. Upon opening a ballot box, such team shall first count
the number of ballots in the box. If 2 or more are folded
together so as to appear to have been cast by the same person,
all of the ballots so folded together shall be marked and
returned with the other ballots in the same condition, as near
as may be, in which they were found when first opened, but
shall not be counted. If the remaining ballots are found to
exceed the number of persons voting in the precinct as shown by
the slip signed by the judges of election, the ballots shall be
replaced in the box, and the box closed and well shaken and
again opened and one of the precinct transport judges shall
publicly draw out so many ballots unopened as are equal to such
excess.
    Such excess ballots shall be marked "Excess-Not Counted"
and signed by the two precinct transport judges and shall be
placed in the "After 7:00 p.m. Defective Ballots Envelope". The
number of excess ballots shall be noted in the remarks section
of the Certificate of Results. "Excess" ballots shall not be
counted in the total of "defective" ballots.
    The precinct transport judges shall then examine the
remaining ballots for write-in votes and shall count and
tabulate the write-in vote; or
    (b) A single ballot box, for the deposit of all votes cast,
shall be used. All ballots which are not to be tabulated on the
electronic voting system shall be counted, tallied, and
returned as elsewhere provided in this Code "The Election
Code," as amended, for the counting and handling of paper
ballots.
    All ballots to be processed and tabulated with the
electronic voting system shall be processed as follows:
    Immediately after the closing of the polls, the precinct
judges of election then shall open the ballot box and canvass
the votes polled to determine that the number of ballots
therein agree with the number of voters voting as shown by the
applications for ballot or if the same do not agree the judges
of election shall make such ballots agree with the applications
for ballot in the manner provided by Section 17-18 of this
Code. "The Election Code." The judges of election shall then
examine all ballot cards and ballot card envelopes which are in
the ballot box to determine whether the ballot cards and ballot
card envelopes bear the initials of a precinct judge of
election. If any ballot card or ballot card envelope is not
initialed, it shall be marked on the back "Defective,"
initialed as to such label by all judges immediately under such
word "Defective," and not counted, but placed in the envelope
provided for that purpose labeled "Defective Ballots
Envelope."
    When an electronic voting system is used which utilizes a
ballot card, before separating the ballot cards from their
respective covering envelopes, the judges of election shall
examine the ballot card envelopes for write-in votes. When the
voter has voted a write-in vote, the judges of election shall
compare the write-in vote with the votes on the ballot card to
determine whether such write-in results in an overvote for any
office. In case of an overvote for any office, the judges of
election, consisting in each case of at least one judge of
election of each of the two major political parties, shall make
a true duplicate ballot of all votes on such ballot card except
for the office which is overvoted, by using the ballot label
booklet of the precinct and one of the marking devices of the
precinct so as to transfer all votes of the voter except for
the office overvoted, to an official ballot card of that kind
used in the precinct at that election. The original ballot card
and envelope upon which there is an overvote shall be clearly
labeled "Overvoted Ballot", and each shall bear the same serial
number which shall be placed thereon by the judges of election,
commencing with number 1 and continuing consecutively for the
ballots of that kind in that precinct. The judges of election
shall initial the "Duplicate Overvoted Ballot" ballot cards and
shall place them in the box for return of the ballots. The
"Overvoted Ballot" ballots and their envelopes shall be placed
in the "Duplicate Ballots" envelope. Envelopes bearing
write-in votes marked in the place designated therefor and
bearing the initials of a precinct judge of election and not
resulting in an overvote and otherwise complying with the
election laws as to marking shall be counted, tallied, and
their votes recorded on a tally sheet provided by the election
official in charge of the election. The ballot cards and ballot
card envelopes shall be separated and all except any defective
or overvoted shall be placed separately in the box for return
of the ballots. The judges of election shall examine the
ballots and ballot cards to determine if any is damaged or
defective so that it cannot be counted by the automatic
tabulating equipment. If any ballot or ballot card is damaged
or defective so that it cannot properly be counted by the
automatic tabulating equipment, the judges of election,
consisting in each case of at least one judge of election of
each of the two major political parties, shall make a true
duplicate ballot of all votes on such ballot card by using the
ballot label booklet of the precinct and one of the marking
devices of the precinct. The original ballot or ballot card and
envelope shall be clearly labeled "Damaged Ballot" and the
ballot or ballot card so produced "Duplicate Damaged Ballot,"
and each shall bear the same number which shall be placed
thereon by the judges of election, commencing with number 1 and
continuing consecutively for the ballots of that kind in the
precinct. The judges of election shall initial the "Duplicate
Damaged Ballot" ballot or ballot cards, and shall place them in
the box for return of the ballots. The "Damaged Ballot" ballots
or ballot cards and their envelopes shall be placed in the
"Duplicated Ballots" envelope. A slip indicating the number of
voters voting in person shall be made out, signed by all judges
of election, and inserted in the box for return of the ballots.
The tally sheets recording the write-in votes shall be placed
in this box. The judges of election thereupon immediately shall
securely lock the ballot box or other suitable box furnished
for return of the ballots by the election official in charge of
the election; provided that if such box is not of a type which
may be securely locked, such box shall be sealed with filament
tape provided for such purpose which shall be wrapped around
the box lengthwise and crosswise, at least twice each way. A
separate adhesive seal label signed by each of the judges of
election of the precinct shall be affixed to the box so as to
cover any slot therein and to identify the box of the precinct;
and if such box is sealed with filament tape as provided herein
rather than locked, such tape shall be wrapped around the box
as provided herein, but in such manner that the separate
adhesive seal label affixed to the box and signed by the judges
may not be removed without breaking the filament tape and
disturbing the signature of the judges. Thereupon, 2 of the
judges of election, of different major political parties,
forthwith shall by the most direct route transport the box for
return of the ballots and enclosed ballots and returns to the
central counting location designated by the election official
in charge of the election. If, however, because of the lack of
adequate parking facilities at the central counting location or
for any other reason, it is impossible or impracticable for the
boxes from all the polling places to be delivered directly to
the central counting location, the election official in charge
of the election may designate some other location to which the
boxes shall be delivered by the 2 precinct judges. While at
such other location the boxes shall be in the care and custody
of one or more teams, each consisting of 4 persons, 2 from each
of the two major political parties, designated for such purpose
by the election official in charge of elections from
recommendations by the appropriate political party
organizations. As soon as possible, the boxes shall be
transported from such other location to the central counting
location by one or more teams, each consisting of 4 persons, 2
from each of the 2 major political parties, designated for such
purpose by the election official in charge of elections from
recommendations by the appropriate political party
organizations.
    The "Defective Ballots" envelope, and "Duplicated Ballots"
envelope each shall be securely sealed and the flap or end
thereof of each signed by the precinct judges of election and
returned to the central counting location with the box for
return of the ballots, enclosed ballots and returns.
    At the central counting location, a team of tally judges
designated by the election official in charge of the election
shall check the box returned containing the ballots to
determine that all seals are intact, and thereupon shall open
the box, check the voters' slip and compare the number of
ballots so delivered against the total number of voters of the
precinct who voted, remove the ballots or ballot cards and
deliver them to the technicians operating the automatic
tabulating equipment. Any discrepancies between the number of
ballots and total number of voters shall be noted on a sheet
furnished for that purpose and signed by the tally judges; or
    (c) A single ballot box, for the deposit of all votes cast,
shall be used. Immediately after the closing of the polls, the
precinct judges of election shall securely lock the ballot box;
provided that if such box is not of a type which may be
securely locked, such box shall be sealed with filament tape
provided for such purpose which shall be wrapped around the box
lengthwise and crosswise, at least twice each way. A separate
adhesive seal label signed by each of the judges of election of
the precinct shall be affixed to the box so as to cover any
slot therein and to identify the box of the precinct; and if
such box is sealed with filament tape as provided herein rather
than locked, such tape shall be wrapped around the box as
provided herein, but in such manner that the separate adhesive
seal label affixed to the box and signed by the judges may not
be removed without breaking the filament tape and disturbing
the signature of the judges. Thereupon, 2 of the judges of
election, of different major political parties, shall
forthwith by the most direct route transport the box for return
of the ballots and enclosed vote by mail and early ballots and
returns to the central counting location designated by the
election official in charge of the election. If however,
because of the lack of adequate parking facilities at the
central counting location or for some other reason, it is
impossible or impracticable for the boxes from all the polling
places to be delivered directly to the central counting
location, the election official in charge of the election may
designate some other location to which the boxes shall be
delivered by the 2 precinct judges. While at such other
location the boxes shall be in the care and custody of one or
more teams, each consisting of 4 persons, 2 from each of the
two major political parties, designated for such purpose by the
election official in charge of elections from recommendations
by the appropriate political party organizations. As soon as
possible, the boxes shall be transported from such other
location to the central counting location by one or more teams,
each consisting of 4 persons, 2 from each of the 2 major
political parties, designated for such purpose by the election
official in charge of the election from recommendations by the
appropriate political party organizations.
    At the central counting location there shall be one or more
teams of tally judges who possess the same qualifications as
tally judges in election jurisdictions using paper ballots. The
number of such teams shall be determined by the election
authority. Each team shall consist of 5 tally judges, 3
selected and approved by the county board from a certified list
furnished by the chair of the county central committee of the
party with the majority of members on the county board and 2
selected and approved by the county board from a certified list
furnished by the chair of the county central committee of the
party with the second largest number of members on the county
board. At the central counting location a team of tally judges
shall open the ballot box and canvass the votes polled to
determine that the number of ballot sheets therein agree with
the number of voters voting as shown by the applications for
ballot; and, if the same do not agree, the tally judges shall
make such ballots agree with the number of applications for
ballot in the manner provided by Section 17-18 of this the
Election Code. The tally judges shall then examine all ballot
sheets which are in the ballot box to determine whether they
bear the initials of the precinct judge of election. If any
ballot is not initialed, it shall be marked on the back
"Defective", initialed as to such label by all tally judges
immediately under such word "Defective", and not counted, but
placed in the envelope provided for that purpose labeled
"Defective Ballots Envelope". An overvote for one office shall
invalidate only the vote or count of that particular office.
    At the central counting location, a team of tally judges
designated by the election official in charge of the election
shall deliver the ballot sheets to the technicians operating
the automatic tabulating equipment. Any discrepancies between
the number of ballots and total number of voters shall be noted
on a sheet furnished for that purpose and signed by the tally
judges.
    (2) Regardless of which procedure described in subsection
(1) of this Section is used, the judges of election designated
to transport the ballots, properly signed and sealed as
provided herein, shall ensure that the ballots are delivered to
the central counting station no later than 12 hours after the
polls close. At the central counting station a team of tally
judges designated by the election official in charge of the
election shall examine the ballots so transported and shall not
accept ballots for tabulating which are not signed and sealed
as provided in subsection (1) of this Section until the judges
transporting the same make and sign the necessary corrections.
Upon acceptance of the ballots by a team of tally judges at the
central counting station, the election judges transporting the
same shall take a receipt signed by the election official in
charge of the election and stamped with the date and time of
acceptance. The election judges whose duty it is to transport
any ballots shall, in the event such ballots cannot be found
when needed, on proper request, produce the receipt which they
are to take as above provided.
(Source: P.A. 100-1027, eff. 1-1-19; revised 10-10-18.)
 
    Section 65. The Executive Reorganization Implementation
Act is amended by changing Section 3.1 as follows:
 
    (15 ILCS 15/3.1)
    (Text of Section before amendment by P.A. 100-1050)
    Sec. 3.1. "Agency directly responsible to the Governor" or
"agency" means any office, officer, division, or part thereof,
and any other office, nonelective officer, department,
division, bureau, board, or commission in the executive branch
of State government, except that it does not apply to any
agency whose primary function is service to the General
Assembly or the Judicial Branch of State government, or to any
agency administered by the Attorney General, Secretary of
State, State Comptroller or State Treasurer. In addition the
term does not apply to the following agencies created by law
with the primary responsibility of exercising regulatory or
adjudicatory functions independently of the Governor:
    (1) the State Board of Elections;
    (2) the State Board of Education;
    (3) the Illinois Commerce Commission;
    (4) the Illinois Workers' Compensation Commission;
    (5) the Civil Service Commission;
    (6) the Fair Employment Practices Commission;
    (7) the Pollution Control Board;
    (8) the Department of State Police Merit Board;
    (9) the Illinois Racing Board;
    (10) the Illinois Power Agency; and
    (11) the Illinois Law Enforcement Training Standards
Board.
(Source: P.A. 100-995, eff. 8-20-18.)
 
    (Text of Section after amendment by P.A. 100-1050)
    Sec. 3.1. "Agency directly responsible to the Governor" or
"agency" means any office, officer, division, or part thereof,
and any other office, nonelective officer, department,
division, bureau, board, or commission in the executive branch
of State government, except that it does not apply to any
agency whose primary function is service to the General
Assembly or the Judicial Branch of State government, or to any
agency administered by the Attorney General, Secretary of
State, State Comptroller or State Treasurer. In addition the
term does not apply to the following agencies created by law
with the primary responsibility of exercising regulatory or
adjudicatory functions independently of the Governor:
    (1) the State Board of Elections;
    (2) the State Board of Education;
    (3) the Illinois Commerce Commission;
    (4) the Illinois Workers' Compensation Commission;
    (5) the Civil Service Commission;
    (6) the Fair Employment Practices Commission;
    (7) the Pollution Control Board;
    (8) the Department of State Police Merit Board;
    (9) the Illinois Racing Board;
    (10) the Illinois Power Agency; and
    (11) the Illinois Law Enforcement Training Standards
Board; and .
    (12) (11) the Illinois Liquor Control Commission.
(Source: P.A. 100-995, eff. 8-20-18; 100-1050, eff. 7-1-19;
revised 10-18-18.)
 
    Section 70. The Illinois Identification Card Act is amended
by changing Section 12 as follows:
 
    (15 ILCS 335/12)  (from Ch. 124, par. 32)
    (Text of Section before amendment by P.A. 100-717)
    Sec. 12. Fees concerning standard Illinois Identification
Cards. The fees required under this Act for standard Illinois
Identification Cards must accompany any application provided
for in this Act, and the Secretary shall collect such fees as
follows:
    a. Original card...............................$20
    b. Renewal card................................20
    c. Corrected card..............................10
    d. Duplicate card..............................20
    e. Certified copy with seal ...................5
    f. (Blank) ....................................
    g. Applicant 65 years of age or over ..........No Fee
    h. (Blank) ....................................
    i. Individual living in Veterans
        Home or Hospital ...........................No Fee
    j. Original card under 18 years of age..........$10
    k. Renewal card under 18 years of age...........$10
    l. Corrected card under 18 years of age.........$5
    m. Duplicate card under 18 years of age.........$10
    n. Homeless person..............................No Fee
    o. Duplicate card issued to an active-duty
        member of the United States Armed Forces, the
        member's spouse, or dependent children
        living with the member......................No Fee
    p. Duplicate temporary card.....................$5
    q. First card issued to a youth
        for whom the Department of Children
        and Family Services is legally responsible
        or a foster child upon turning the age of
        16 years old until he or she reaches
        the age of 21 years old..................... No Fee
    r. Original card issued to a committed
        person upon release on parole,
        mandatory supervised release,
        aftercare release, final
        discharge, or pardon from the
        Department of Corrections or
        Department of Juvenile Justice..............No Fee
    s. Limited-term Illinois Identification
        Card issued to a committed person
        upon release on parole, mandatory
        supervised release, aftercare
        release, final discharge, or pardon
        from the Department of
        Corrections or Department of
        Juvenile Justice............................No Fee
    All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following
amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.
    An individual, who resides in a veterans home or veterans
hospital operated by the State or federal government, who makes
an application for an Illinois Identification Card to be issued
at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the State or federal
government.
    The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
    For the application for the first Illinois Identification
Card of a youth for whom the Department of Children and Family
Services is legally responsible or a foster child to be issued
at no fee, the youth must submit, along with the application,
an affirmation by his or her court appointed attorney or an
employee of the Department of Children and Family Services on a
form provided by the Secretary of State, that the person is a
youth for whom the Department of Children and Family Services
is legally responsible or a foster child.
    The fee for any duplicate identification card shall be
waived for any person who presents the Secretary of State's
Office with a police report showing that his or her
identification card was stolen.
    The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
    As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act
of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17;
99-907, eff. 7-1-17; 100-201, eff. 8-18-17; 100-827, eff.
8-13-18.)
 
    (Text of Section after amendment by P.A. 100-717)
    Sec. 12. Fees concerning standard Illinois Identification
Cards. The fees required under this Act for standard Illinois
Identification Cards must accompany any application provided
for in this Act, and the Secretary shall collect such fees as
follows:
    a. Original card...............................$20
    b. Renewal card................................20
    c. Corrected card..............................10
    d. Duplicate card..............................20
    e. Certified copy with seal ...................5
    f. (Blank) ....................................
    g. Applicant 65 years of age or over ..........No Fee
    h. (Blank) ....................................
    i. Individual living in Veterans
        Home or Hospital ...........................No Fee
    j. Original card under 18 years of age..........$10
    k. Renewal card under 18 years of age...........$10
    l. Corrected card under 18 years of age.........$5
    m. Duplicate card under 18 years of age.........$10
    n. Homeless person..............................No Fee
    o. Duplicate card issued to an active-duty
        member of the United States Armed Forces, the
        member's spouse, or dependent children
        living with the member......................No Fee
    p. Duplicate temporary card.....................$5
    q. First card issued to a youth
        for whom the Department of Children
        and Family Services is legally responsible
        or a foster child upon turning the age of
        16 years old until he or she reaches
        the age of 21 years old..................... No Fee
    r. Original card issued to a committed
        person upon release on parole,
        mandatory supervised release,
        aftercare release, final
        discharge, or pardon from the
        Department of Corrections or
        Department of Juvenile Justice..............No Fee
    s. Limited-term Illinois Identification
        Card issued to a committed person
        upon release on parole, mandatory
        supervised release, aftercare
        release, final discharge, or pardon
        from the Department of
        Corrections or Department of
        Juvenile Justice............................No Fee
    t. Original card issued to a
        person up to 14 days prior
        to or upon conditional release
        or absolute discharge from
        the Department of Human Services............ No Fee
    u. Limited-term Illinois Identification
        Card issued to a person up to
        14 days prior to or upon
        conditional release or absolute discharge
        from the Department of Human Services....... No Fee
    All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following
amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.
    An individual, who resides in a veterans home or veterans
hospital operated by the State or federal government, who makes
an application for an Illinois Identification Card to be issued
at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the State or federal
government.
    The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
    For the application for the first Illinois Identification
Card of a youth for whom the Department of Children and Family
Services is legally responsible or a foster child to be issued
at no fee, the youth must submit, along with the application,
an affirmation by his or her court appointed attorney or an
employee of the Department of Children and Family Services on a
form provided by the Secretary of State, that the person is a
youth for whom the Department of Children and Family Services
is legally responsible or a foster child.
    The fee for any duplicate identification card shall be
waived for any person who presents the Secretary of State's
Office with a police report showing that his or her
identification card was stolen.
    The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
    As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act
of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-17;
99-907, eff. 7-1-17; 100-201, eff. 8-18-17; 100-717, eff.
7-1-19; 100-827, eff. 8-13-18; revised 9-4-18.)
 
    Section 75. The State Treasurer Act is amended by changing
Section 16.5 as follows:
 
    (15 ILCS 505/16.5)
    Sec. 16.5. College Savings Pool.
    (a) Definitions. As used in this Section:
    "Account owner" means any person or entity who has opened
an account or to whom ownership of an account has been
transferred, as allowed by the Internal Revenue Code, and who
has authority to withdraw funds, direct withdrawal of funds,
change the designated beneficiary, or otherwise exercise
control over an account in the College Savings Pool.
    "Donor" means any person or entity who makes contributions
to an account in the College Savings Pool.
    "Designated beneficiary" means any individual designated
as the beneficiary of an account in the College Savings Pool by
an account owner. A designated beneficiary must have a valid
social security number or taxpayer identification number. In
the case of an account established as part of a scholarship
program permitted under Section 529 of the Internal Revenue
Code, the designated beneficiary is any individual receiving
benefits accumulated in the account as a scholarship.
    "Member of the family" has the same meaning ascribed to
that term under Section 529 of the Internal Revenue Code.
    "Nonqualified withdrawal" means a distribution from an
account other than a distribution that (i) is used for the
qualified expenses of the designated beneficiary; (ii) results
from the beneficiary's death or disability; (iii) is a rollover
to another account in the College Savings Pool; or (iv) is a
rollover to an ABLE account, as defined in Section 16.6 of this
Act, or any distribution that, within 60 days after such
distribution, is transferred to an ABLE account of the
designated beneficiary or a member of the family of the
designated beneficiary to the extent that the distribution,
when added to all other contributions made to the ABLE account
for the taxable year, does not exceed the limitation under
Section 529A(b)(2)(B)(i) of the Internal Revenue Code.
    "Program manager" means any financial institution or
entity lawfully doing business in the State of Illinois
selected by the State Treasurer to oversee the recordkeeping,
custody, customer service, investment management, and
marketing for one or more of the programs in the College
Savings Pool.
    "Qualified expenses" means: (i) tuition, fees, and the
costs of books, supplies, and equipment required for enrollment
or attendance at an eligible educational institution; (ii)
expenses for special needs services, in the case of a special
needs beneficiary, which are incurred in connection with such
enrollment or attendance; (iii) certain expenses for the
purchase of computer or peripheral equipment, as defined in
Section 168 of the federal Internal Revenue Code (26 U.S.C.
168), computer software, as defined in Section 197 of the
federal Internal Revenue Code (26 U.S.C. 197), or Internet
access and related services, if such equipment, software, or
services are to be used primarily by the beneficiary during any
of the years the beneficiary is enrolled at an eligible
educational institution, except that, such expenses shall not
include expenses for computer software designed for sports,
games, or hobbies, unless the software is predominantly
educational in nature; and (iv) room and board expenses
incurred while attending an eligible educational institution
at least half-time. "Eligible educational institutions", as
used in this Section, means public and private colleges, junior
colleges, graduate schools, and certain vocational
institutions that are described in Section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088) and that are eligible to
participate in Department of Education student aid programs. A
student shall be considered to be enrolled at least half-time
if the student is enrolled for at least half the full-time
academic workload for the course of study the student is
pursuing as determined under the standards of the institution
at which the student is enrolled.
    (b) Establishment of the Pool. The State Treasurer may
establish and administer a College Savings Pool as a qualified
tuition program under Section 529 of the Internal Revenue Code.
The Pool may consist of one or more college savings programs.
The State Treasurer, in administering the College Savings Pool,
may receive, hold, and invest moneys paid into the Pool and
perform such other actions as are necessary to ensure that the
Pool operates as a qualified tuition program in accordance with
Section 529 of the Internal Revenue Code.
    (c) Administration of the College Savings Pool. The State
Treasurer may engage one or more financial institutions to
handle the overall administration, investment management,
recordkeeping, and marketing of the programs in the College
Savings Pool. The contributions deposited in the Pool, and any
earnings thereon, shall not constitute property of the State or
be commingled with State funds and the State shall have no
claim to or against, or interest in, such funds.
    (d) Availability of the College Savings Pool. The State
Treasurer may permit persons, including trustees of trusts and
custodians under a Uniform Transfers to Minors Act or Uniform
Gifts to Minors Act account, and certain legal entities to be
account owners, including as part of a scholarship program,
provided that: (1) an individual, trustee or custodian must
have a valid social security number or taxpayer identification
number, be at least 18 years of age, and have a valid United
States street address; and (2) a legal entity must have a valid
taxpayer identification number and a valid United States street
address. Both in-state and out-of-state persons may be account
owners and donors, and both in-state and out-of-state
individuals may be designated beneficiaries in the College
Savings Pool.
    (e) Fees. The State Treasurer shall establish fees to be
imposed on accounts to recover the costs of administration,
recordkeeping, and investment management. The Treasurer must
use his or her best efforts to keep these fees as low as
possible and consistent with administration of high quality
competitive college savings programs.
    (f) Investments in the State. To enhance the safety and
liquidity of the College Savings Pool, to ensure the
diversification of the investment portfolio of the College
Savings Pool, and in an effort to keep investment dollars in
the State of Illinois, the State Treasurer may make a
percentage of each account available for investment in
participating financial institutions doing business in the
State.
    (g) Investment policy. The Treasurer shall develop,
publish, and implement an investment policy covering the
investment of the moneys in each of the programs in the College
Savings Pool. The policy shall be published each year as part
of the audit of the College Savings Pool by the Auditor
General, which shall be distributed to all account owners in
such program. The Treasurer shall notify all account owners in
such program in writing, and the Treasurer shall publish in a
newspaper of general circulation in both Chicago and
Springfield, any changes to the previously published
investment policy at least 30 calendar days before implementing
the policy. Any investment policy adopted by the Treasurer
shall be reviewed and updated if necessary within 90 days
following the date that the State Treasurer takes office.
    (h) Investment restrictions. An account owner may,
directly or indirectly, direct the investment of any
contributions to the College Savings Pool (or any earnings
thereon) only as provided in Section 529(b)(4) of the Internal
Revenue Code. Donors and designated beneficiaries, in those
capacities, may not, directly or indirectly, direct the
investment of any contributions to the Pool (or any earnings
thereon).
    (i) Distributions. Distributions from an account in the
College Savings Pool may be used for the designated
beneficiary's qualified expenses. Funds contained in a College
Savings Pool account may be rolled over into an eligible ABLE
account, as defined in Section 16.6 of this Act, to the extent
permitted by Section 529(c)(3)(C) of the Internal Revenue Code.
To the extent a nonqualified withdrawal is made from an
account, the earnings portion of such distribution may be
treated by the Internal Revenue Service as income subject to
income tax and a 10% federal penalty tax. Internet
    Distributions made from the College Savings Pool may be
made directly to the educational institution, directly to a
vendor, in the form of a check payable to both the designated
beneficiary and the institution or vendor, directly to the
designated beneficiary or account owner, or in any other manner
that is permissible under Section 529 of the Internal Revenue
Code.
    (j) Contributions. Contributions to the College Savings
Pool shall be as follows:
        (1) Contributions to an account in the College Savings
    Pool may be made only in cash.
        (2) The Treasurer shall limit the contributions that
    may be made to the College Savings Pool on behalf of a
    designated beneficiary, as required under Section 529 of
    the Internal Revenue Code, to prevent contributions for the
    benefit of a designated beneficiary in excess of those
    necessary to provide for the qualified expenses of the
    designated beneficiary. The Pool shall not permit any
    additional contributions to an account as soon as the
    aggregate accounts for the designated beneficiary in the
    Pool reach a specified account balance limit applicable to
    all designated beneficiaries.
        (3) The contributions made on behalf of a designated
    beneficiary who is also a beneficiary under the Illinois
    Prepaid Tuition Program shall be further restricted to
    ensure that the contributions in both programs combined do
    not exceed the limit established for the College Savings
    Pool.
    (k) Illinois Student Assistance Commission. The Treasurer
shall provide the Illinois Student Assistance Commission each
year at a time designated by the Commission, an electronic
report of all account owner accounts in the Treasurer's College
Savings Pool, listing total contributions and disbursements
from each individual account during the previous calendar year.
As soon thereafter as is possible following receipt of the
Treasurer's report, the Illinois Student Assistance Commission
shall, in turn, provide the Treasurer with an electronic report
listing those College Savings Pool account owners who also
participate in the State's prepaid tuition program,
administered by the Commission. The Commission shall be
responsible for filing any combined tax reports regarding State
qualified savings programs required by the United States
Internal Revenue Service.
    The Treasurer shall work with the Illinois Student
Assistance Commission to coordinate the marketing of the
College Savings Pool and the Illinois Prepaid Tuition Program
when considered beneficial by the Treasurer and the Director of
the Illinois Student Assistance Commission. The Treasurer
shall provide a separate accounting for each designated
beneficiary to each account owner.
    (l) Prohibition; exemption. No interest in the program, or
any portion thereof, may be used as security for a loan. Moneys
held in an account invested in the College Savings Pool shall
be exempt from all claims of the creditors of the account
owner, donor, or designated beneficiary of that account, except
for the non-exempt College Savings Pool transfers to or from
the account as defined under subsection (j) of Section 12-1001
of the Code of Civil Procedure.
    (m) Taxation. The assets of the College Savings Pool and
its income and operation shall be exempt from all taxation by
the State of Illinois and any of its subdivisions. The accrued
earnings on investments in the Pool once disbursed on behalf of
a designated beneficiary shall be similarly exempt from all
taxation by the State of Illinois and its subdivisions, so long
as they are used for qualified expenses. Contributions to a
College Savings Pool account during the taxable year may be
deducted from adjusted gross income as provided in Section 203
of the Illinois Income Tax Act. The provisions of this
paragraph are exempt from Section 250 of the Illinois Income
Tax Act.
    (n) Rules. The Treasurer shall adopt rules he or she
considers necessary for the efficient administration of the
College Savings Pool. The rules shall provide whatever
additional parameters and restrictions are necessary to ensure
that the College Savings Pool meets all of the requirements for
a qualified state tuition program under Section 529 of the
Internal Revenue Code.
    The rules shall provide for the administration expenses of
the Pool to be paid from its earnings and for the investment
earnings in excess of the expenses to be credited at least
monthly to the account owners in the Pool in a manner which
equitably reflects the differing amounts of their respective
investments in the Pool and the differing periods of time for
which those amounts were in the custody of the Pool.
    The rules shall require the maintenance of records that
enable the Treasurer's office to produce a report for each
account in the Pool at least annually that documents the
account balance and investment earnings.
    Notice of any proposed amendments to the rules and
regulations shall be provided to all account owners prior to
adoption. Amendments to rules and regulations shall apply only
to contributions made after the adoption of the amendment.
    (o) Bond. The State Treasurer shall give bond with at least
one surety, payable to and for the benefit of the account
owners in the College Savings Pool, in the penal sum of
$10,000,000, conditioned upon the faithful discharge of his or
her duties in relation to the College Savings Pool.
(Source: P.A. 99-143, eff. 7-27-15; 100-161, eff. 8-18-17;
100-863, eff. 8-14-18; 100-905, eff. 8-17-18; revised
10-18-18.)
 
    Section 80. The Deposit of State Moneys Act is amended by
changing Section 22.5 as follows:
 
    (15 ILCS 520/22.5)  (from Ch. 130, par. 41a)
    (For force and effect of certain provisions, see Section 90
of P.A. 94-79)
    Sec. 22.5. Permitted investments. The State Treasurer may,
with the approval of the Governor, invest and reinvest any
State money in the treasury which is not needed for current
expenditures due or about to become due, in obligations of the
United States government or its agencies or of National
Mortgage Associations established by or under the National
Housing Act, 12 1201 U.S.C. 1701 et seq., or in mortgage
participation certificates representing undivided interests in
specified, first-lien conventional residential Illinois
mortgages that are underwritten, insured, guaranteed, or
purchased by the Federal Home Loan Mortgage Corporation or in
Affordable Housing Program Trust Fund Bonds or Notes as defined
in and issued pursuant to the Illinois Housing Development Act.
All such obligations shall be considered as cash and may be
delivered over as cash by a State Treasurer to his successor.
    The State Treasurer may, with the approval of the Governor,
purchase any state bonds with any money in the State Treasury
that has been set aside and held for the payment of the
principal of and interest on the bonds. The bonds shall be
considered as cash and may be delivered over as cash by the
State Treasurer to his successor.
    The State Treasurer may, with the approval of the Governor,
invest or reinvest any State money in the treasury that is not
needed for current expenditure due or about to become due, or
any money in the State Treasury that has been set aside and
held for the payment of the principal of and the interest on
any State bonds, in shares, withdrawable accounts, and
investment certificates of savings and building and loan
associations, incorporated under the laws of this State or any
other state or under the laws of the United States; provided,
however, that investments may be made only in those savings and
loan or building and loan associations the shares and
withdrawable accounts or other forms of investment securities
of which are insured by the Federal Deposit Insurance
Corporation.
    The State Treasurer may not invest State money in any
savings and loan or building and loan association unless a
commitment by the savings and loan (or building and loan)
association, executed by the president or chief executive
officer of that association, is submitted in the following
form:
        The .................. Savings and Loan (or Building
    and Loan) Association pledges not to reject arbitrarily
    mortgage loans for residential properties within any
    specific part of the community served by the savings and
    loan (or building and loan) association because of the
    location of the property. The savings and loan (or building
    and loan) association also pledges to make loans available
    on low and moderate income residential property throughout
    the community within the limits of its legal restrictions
    and prudent financial practices.
    The State Treasurer may, with the approval of the Governor,
invest or reinvest, at a price not to exceed par, any State
money in the treasury that is not needed for current
expenditures due or about to become due, or any money in the
State Treasury that has been set aside and held for the payment
of the principal of and interest on any State bonds, in bonds
issued by counties or municipal corporations of the State of
Illinois.
    The State Treasurer may, with the approval of the Governor,
invest or reinvest any State money in the Treasury which is not
needed for current expenditure, due or about to become due, or
any money in the State Treasury which has been set aside and
held for the payment of the principal of and the interest on
any State bonds, in participations in loans, the principal of
which participation is fully guaranteed by an agency or
instrumentality of the United States government; provided,
however, that such loan participations are represented by
certificates issued only by banks which are incorporated under
the laws of this State or any other state or under the laws of
the United States, and such banks, but not the loan
participation certificates, are insured by the Federal Deposit
Insurance Corporation.
    Whenever the total amount of vouchers presented to the
Comptroller under Section 9 of the State Comptroller Act
exceeds the funds available in the General Revenue Fund by
$1,000,000,000 or more, then the State Treasurer may invest any
State money in the Treasury, other than money in the General
Revenue Fund, Health Insurance Reserve Fund, Attorney General
Court Ordered and Voluntary Compliance Payment Projects Fund,
Attorney General Whistleblower Reward and Protection Fund, and
Attorney General's State Projects and Court Ordered
Distribution Fund, which is not needed for current
expenditures, due or about to become due, or any money in the
State Treasury which has been set aside and held for the
payment of the principal of and the interest on any State bonds
with the Office of the Comptroller in order to enable the
Comptroller to pay outstanding vouchers. At any time, and from
time to time outstanding, such investment shall not be greater
than $2,000,000,000. Such investment shall be deposited into
the General Revenue Fund or Health Insurance Reserve Fund as
determined by the Comptroller. Such investment shall be repaid
by the Comptroller with an interest rate tied to the London
Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
equivalent market established variable rate, but in no case
shall such interest rate exceed the lesser of the penalty rate
established under the State Prompt Payment Act or the timely
pay interest rate under Section 368a of the Illinois Insurance
Code. The State Treasurer and the Comptroller shall enter into
an intergovernmental agreement to establish procedures for
such investments, which market established variable rate to
which the interest rate for the investments should be tied, and
other terms which the State Treasurer and Comptroller
reasonably believe to be mutually beneficial concerning these
investments by the State Treasurer. The State Treasurer and
Comptroller shall also enter into a written agreement for each
such investment that specifies the period of the investment,
the payment interval, the interest rate to be paid, the funds
in the Treasury from which the Treasurer will draw the
investment, and other terms upon which the State Treasurer and
Comptroller mutually agree. Such investment agreements shall
be public records and the State Treasurer shall post the terms
of all such investment agreements on the State Treasurer's
official website. In compliance with the intergovernmental
agreement, the Comptroller shall order and the State Treasurer
shall transfer amounts sufficient for the payment of principal
and interest invested by the State Treasurer with the Office of
the Comptroller under this paragraph from the General Revenue
Fund or the Health Insurance Reserve Fund to the respective
funds in the Treasury from which the State Treasurer drew the
investment. Public Act 100-1107 This amendatory Act of the
100th General Assembly shall constitute an irrevocable and
continuing authority for all amounts necessary for the payment
of principal and interest on the investments made with the
Office of the Comptroller by the State Treasurer under this
paragraph, and the irrevocable and continuing authority for and
direction to the Comptroller and Treasurer to make the
necessary transfers.
    The State Treasurer may, with the approval of the Governor,
invest or reinvest any State money in the Treasury that is not
needed for current expenditure, due or about to become due, or
any money in the State Treasury that has been set aside and
held for the payment of the principal of and the interest on
any State bonds, in any of the following:
        (1) Bonds, notes, certificates of indebtedness,
    Treasury bills, or other securities now or hereafter issued
    that are guaranteed by the full faith and credit of the
    United States of America as to principal and interest.
        (2) Bonds, notes, debentures, or other similar
    obligations of the United States of America, its agencies,
    and instrumentalities.
        (2.5) Bonds, notes, debentures, or other similar
    obligations of a foreign government, other than the
    Republic of the Sudan, that are guaranteed by the full
    faith and credit of that government as to principal and
    interest, but only if the foreign government has not
    defaulted and has met its payment obligations in a timely
    manner on all similar obligations for a period of at least
    25 years immediately before the time of acquiring those
    obligations.
        (3) Interest-bearing savings accounts,
    interest-bearing certificates of deposit, interest-bearing
    time deposits, or any other investments constituting
    direct obligations of any bank as defined by the Illinois
    Banking Act.
        (4) Interest-bearing accounts, certificates of
    deposit, or any other investments constituting direct
    obligations of any savings and loan associations
    incorporated under the laws of this State or any other
    state or under the laws of the United States.
        (5) Dividend-bearing share accounts, share certificate
    accounts, or class of share accounts of a credit union
    chartered under the laws of this State or the laws of the
    United States; provided, however, the principal office of
    the credit union must be located within the State of
    Illinois.
        (6) Bankers' acceptances of banks whose senior
    obligations are rated in the top 2 rating categories by 2
    national rating agencies and maintain that rating during
    the term of the investment.
        (7) Short-term obligations of either corporations or
    limited liability companies organized in the United States
    with assets exceeding $500,000,000 if (i) the obligations
    are rated at the time of purchase at one of the 3 highest
    classifications established by at least 2 standard rating
    services and mature not later than 270 days from the date
    of purchase, (ii) the purchases do not exceed 10% of the
    corporation's or the limited liability company's
    outstanding obligations, (iii) no more than one-third of
    the public agency's funds are invested in short-term
    obligations of either corporations or limited liability
    companies, and (iv) the corporation or the limited
    liability company has not been placed on the list of
    restricted companies by the Illinois Investment Policy
    Board under Section 1-110.16 of the Illinois Pension Code.
        (7.5) Obligations of either corporations or limited
    liability companies organized in the United States, that
    have a significant presence in this State, with assets
    exceeding $500,000,000 if: (i) the obligations are rated at
    the time of purchase at one of the 3 highest
    classifications established by at least 2 standard rating
    services and mature more than 270 days, but less than 5
    years, from the date of purchase; (ii) the purchases do not
    exceed 10% of the corporation's or the limited liability
    company's outstanding obligations; (iii) no more than 5% of
    the public agency's funds are invested in such obligations
    of corporations or limited liability companies; and (iv)
    the corporation or the limited liability company has not
    been placed on the list of restricted companies by the
    Illinois Investment Policy Board under Section 1-110.16 of
    the Illinois Pension Code. The authorization of the
    Treasurer to invest in new obligations under this paragraph
    shall expire on June 30, 2019.
        (8) Money market mutual funds registered under the
    Investment Company Act of 1940, provided that the portfolio
    of the money market mutual fund is limited to obligations
    described in this Section and to agreements to repurchase
    such obligations.
        (9) The Public Treasurers' Investment Pool created
    under Section 17 of the State Treasurer Act or in a fund
    managed, operated, and administered by a bank.
        (10) Repurchase agreements of government securities
    having the meaning set out in the Government Securities Act
    of 1986, as now or hereafter amended or succeeded, subject
    to the provisions of that Act and the regulations issued
    thereunder.
        (11) Investments made in accordance with the
    Technology Development Act.
    For purposes of this Section, "agencies" of the United
States Government includes:
        (i) the federal land banks, federal intermediate
    credit banks, banks for cooperatives, federal farm credit
    banks, or any other entity authorized to issue debt
    obligations under the Farm Credit Act of 1971 (12 U.S.C.
    2001 et seq.) and Acts amendatory thereto;
        (ii) the federal home loan banks and the federal home
    loan mortgage corporation;
        (iii) the Commodity Credit Corporation; and
        (iv) any other agency created by Act of Congress.
    The Treasurer may, with the approval of the Governor, lend
any securities acquired under this Act. However, securities may
be lent under this Section only in accordance with Federal
Financial Institution Examination Council guidelines and only
if the securities are collateralized at a level sufficient to
assure the safety of the securities, taking into account market
value fluctuation. The securities may be collateralized by cash
or collateral acceptable under Sections 11 and 11.1.
(Source: P.A. 99-856, eff. 8-19-16; 100-1107, eff. 8-27-18;
revised 9-27-18.)
 
    Section 85. The Substance Use Disorder Act is amended by
changing Section 55-30 and by setting forth and renumbering
multiple versions of Section 55-35 as follows:
 
    (20 ILCS 301/55-30)
    Sec. 55-30. Rate increase.
    (a) The Department July 6, 2017 (Public Act 100-23) shall
by rule develop the increased rate methodology and annualize
the increased rate beginning with State fiscal year 2018
contracts to licensed providers of community-based substance
use disorder intervention or treatment, based on the additional
amounts appropriated for the purpose of providing a rate
increase to licensed providers. The Department shall adopt
rules, including emergency rules under subsection (y) of
Section 5-45 of the Illinois Administrative Procedure Act, to
implement the provisions of this Section.
    (b) Within 30 days after June 4, 2018 (the effective date
of Public Act 100-587) this amendatory Act of the 100th General
Assembly, the Division of Substance Use Prevention and Recovery
shall apply an increase in rates of 3% above the rate paid on
June 30, 2017 to all Medicaid and non-Medicaid reimbursable
service rates. The Department shall adopt rules, including
emergency rules under subsection (bb) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this subsection (b).
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-759, eff. 1-1-19; revised 9-14-18.)
 
    (20 ILCS 301/55-35)
    Sec. 55-35. Tobacco enforcement.
    (a) The Department of Human Services may contract with the
Food and Drug Administration of the U.S. Department of Health
and Human Services to conduct unannounced investigations of
Illinois tobacco vendors to determine compliance with federal
laws relating to the illegal sale of cigarettes and smokeless
tobacco products to persons under the age of 18.
    (b) Grant funds received from the Food and Drug
Administration of the U.S. Department of Health and Human
Services for conducting unannounced investigations of Illinois
tobacco vendors shall be deposited into the Tobacco Settlement
Recovery Fund starting July 1, 2018.
(Source: P.A. 100-1012, eff. 8-21-18.)
 
    (20 ILCS 301/55-40)
    Sec. 55-40 55-35. Recovery residences.
    (a) As used in this Section, "recovery residence" means a
sober, safe, and healthy living environment that promotes
recovery from alcohol and other drug use and associated
problems. These residences are not subject to Department
licensure as they are viewed as independent living residences
that only provide peer support and a lengthened exposure to the
culture of recovery.
    (b) The Department shall develop and maintain an online
registry for recovery residences that operate in Illinois to
serve as a resource for individuals seeking continued recovery
assistance.
    (c) Non-licensable recovery residences are encouraged to
register with the Department and the registry shall be publicly
available through online posting.
    (d) The registry shall indicate any accreditation,
certification, or licensure that each recovery residence has
received from an entity that has developed uniform national
standards. The registry shall also indicate each recovery
residence's location in order to assist providers and
individuals in finding alcohol and drug free housing options
with like-minded residents who are committed to alcohol and
drug free living.
    (e) Registrants are encouraged to seek national
accreditation from any entity that has developed uniform State
or national standards for recovery residences.
    (f) The Department shall include a disclaimer on the
registry that states that the recovery residences are not
regulated by the Department and their listing is provided as a
resource but not as an endorsement by the State.
(Source: P.A. 100-1062, eff. 1-1-19; revised 9-14-18.)
 
    Section 90. The Children and Family Services Act is amended
by changing Section 5 as follows:
 
    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
    Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
    (a) For purposes of this Section:
        (1) "Children" means persons found within the State who
    are under the age of 18 years. The term also includes
    persons under age 21 who:
            (A) were committed to the Department pursuant to
        the Juvenile Court Act or the Juvenile Court Act of
        1987, as amended, prior to the age of 18 and who
        continue under the jurisdiction of the court; or
            (B) were accepted for care, service and training by
        the Department prior to the age of 18 and whose best
        interest in the discretion of the Department would be
        served by continuing that care, service and training
        because of severe emotional disturbances, physical
        disability, social adjustment or any combination
        thereof, or because of the need to complete an
        educational or vocational training program.
        (2) "Homeless youth" means persons found within the
    State who are under the age of 19, are not in a safe and
    stable living situation and cannot be reunited with their
    families.
        (3) "Child welfare services" means public social
    services which are directed toward the accomplishment of
    the following purposes:
            (A) protecting and promoting the health, safety
        and welfare of children, including homeless, dependent
        or neglected children;
            (B) remedying, or assisting in the solution of
        problems which may result in, the neglect, abuse,
        exploitation or delinquency of children;
            (C) preventing the unnecessary separation of
        children from their families by identifying family
        problems, assisting families in resolving their
        problems, and preventing the breakup of the family
        where the prevention of child removal is desirable and
        possible when the child can be cared for at home
        without endangering the child's health and safety;
            (D) restoring to their families children who have
        been removed, by the provision of services to the child
        and the families when the child can be cared for at
        home without endangering the child's health and
        safety;
            (E) placing children in suitable adoptive homes,
        in cases where restoration to the biological family is
        not safe, possible or appropriate;
            (F) assuring safe and adequate care of children
        away from their homes, in cases where the child cannot
        be returned home or cannot be placed for adoption. At
        the time of placement, the Department shall consider
        concurrent planning, as described in subsection (l-1)
        of this Section so that permanency may occur at the
        earliest opportunity. Consideration should be given so
        that if reunification fails or is delayed, the
        placement made is the best available placement to
        provide permanency for the child;
            (G) (blank);
            (H) (blank); and
            (I) placing and maintaining children in facilities
        that provide separate living quarters for children
        under the age of 18 and for children 18 years of age
        and older, unless a child 18 years of age is in the
        last year of high school education or vocational
        training, in an approved individual or group treatment
        program, in a licensed shelter facility, or secure
        child care facility. The Department is not required to
        place or maintain children:
                (i) who are in a foster home, or
                (ii) who are persons with a developmental
            disability, as defined in the Mental Health and
            Developmental Disabilities Code, or
                (iii) who are female children who are
            pregnant, pregnant and parenting or parenting, or
                (iv) who are siblings, in facilities that
            provide separate living quarters for children 18
            years of age and older and for children under 18
            years of age.
    (b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
    (c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
    (d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or
the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
    (e) (Blank).
    (f) (Blank).
    (g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
        (1) adoption;
        (2) foster care;
        (3) family counseling;
        (4) protective services;
        (5) (blank);
        (6) homemaker service;
        (7) return of runaway children;
        (8) (blank);
        (9) placement under Section 5-7 of the Juvenile Court
    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
    Court Act of 1987 in accordance with the federal Adoption
    Assistance and Child Welfare Act of 1980; and
        (10) interstate services.
    Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in screening techniques to identify substance use
disorders, as defined in the Substance Use Disorder Act,
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.
    (h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
    (i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
        (1) case management;
        (2) homemakers;
        (3) counseling;
        (4) parent education;
        (5) day care; and
        (6) emergency assistance and advocacy.
    In addition, the following services may be made available
to assess and meet the needs of children and families:
        (1) comprehensive family-based services;
        (2) assessments;
        (3) respite care; and
        (4) in-home health services.
    The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
    (j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were youth
in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25, or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
    The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
    Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
    (j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
    (k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act or
the Juvenile Court Act of 1987.
    (l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and Neglected
Child Reporting Act, to help families, including adoptive and
extended families. Family preservation services shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the
children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set, except
that reunification services may be offered as provided in
paragraph (F) of subsection (2) of Section 2-28 of that Act.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
    The Department shall notify the child and his family of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary. The Department may also provide
services to any child or family after completion of a family
assessment, as an alternative to an investigation, as provided
under the "differential response program" provided for in
subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
    The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. An independent basis exists
when the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency. The Department shall assign a caseworker to attend
any hearing involving a youth in the care and custody of the
Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
    As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and stress
of caring for a child who has been diagnosed with a pervasive
developmental disorder if the Department determines that those
services are necessary to ensure the health and safety of the
child. The Department may offer services to any family whether
or not a report has been filed under the Abused and Neglected
Child Reporting Act. The Department may refer the child or
family to services available from other agencies in the
community if the conditions in the child's or family's home are
reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
these services shall be voluntary. The Department shall develop
and implement a public information campaign to alert health and
social service providers and the general public about these
special family preservation services. The nature and scope of
the services offered and the number of families served under
the special program implemented under this paragraph shall be
determined by the level of funding that the Department annually
allocates for this purpose. The term "pervasive developmental
disorder" under this paragraph means a neurological condition,
including but not limited to, Asperger's Syndrome and autism,
as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.
    (l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
    When determining reasonable efforts to be made with respect
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
    When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
    A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
    The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
        (1) the likelihood of prompt reunification;
        (2) the past history of the family;
        (3) the barriers to reunification being addressed by
    the family;
        (4) the level of cooperation of the family;
        (5) the foster parents' willingness to work with the
    family to reunite;
        (6) the willingness and ability of the foster family to
    provide an adoptive home or long-term placement;
        (7) the age of the child;
        (8) placement of siblings.
    (m) The Department may assume temporary custody of any
child if:
        (1) it has received a written consent to such temporary
    custody signed by the parents of the child or by the parent
    having custody of the child if the parents are not living
    together or by the guardian or custodian of the child if
    the child is not in the custody of either parent, or
        (2) the child is found in the State and neither a
    parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
    The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
    The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
    A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain
temporary custody of the child until the court orders
otherwise. If a petition is not filed within the 10-day period,
the child shall be surrendered to the custody of the requesting
parent, guardian or custodian not later than the expiration of
the 10-day period, at which time the authority and duties of
the Department with respect to the temporary custody of the
child shall terminate.
    (m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to
Section 3-15-2 of the Unified Code of Corrections, unless the
child is a youth in care who was placed in the care of the
Department before being subject to placement in a correctional
facility and a court of competent jurisdiction has ordered
placement of the child in a secure care facility.
    (n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
    (n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
    (o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Youth in
care who are placed by private child welfare agencies, and
foster families with whom those youth are placed, shall be
afforded the same procedural and appeal rights as children and
families in the case of placement by the Department, including
the right to an initial review of a private agency decision by
that agency. The Department shall ensure that any private child
welfare agency, which accepts youth in care for placement,
affords those rights to children and foster families. The
Department shall accept for administrative review and an appeal
hearing a complaint made by (i) a child or foster family
concerning a decision following an initial review by a private
child welfare agency or (ii) a prospective adoptive parent who
alleges a violation of subsection (j-5) of this Section. An
appeal of a decision concerning a change in the placement of a
child shall be conducted in an expedited manner. A court
determination that a current foster home placement is necessary
and appropriate under Section 2-28 of the Juvenile Court Act of
1987 does not constitute a judicial determination on the merits
of an administrative appeal, filed by a former foster parent,
involving a change of placement decision.
    (p) (Blank).
    (q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
    The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
    In disbursing funds from children's accounts, the
Department shall:
        (1) Establish standards in accordance with State and
    federal laws for disbursing money from children's
    accounts. In all circumstances, the Department's
    "Guardianship Administrator" or his or her designee must
    approve disbursements from children's accounts. The
    Department shall be responsible for keeping complete
    records of all disbursements for each account for any
    purpose.
        (2) Calculate on a monthly basis the amounts paid from
    State funds for the child's board and care, medical care
    not covered under Medicaid, and social services; and
    utilize funds from the child's account, as covered by
    regulation, to reimburse those costs. Monthly,
    disbursements from all children's accounts, up to 1/12 of
    $13,000,000, shall be deposited by the Department into the
    General Revenue Fund and the balance over 1/12 of
    $13,000,000 into the DCFS Children's Services Fund.
        (3) Maintain any balance remaining after reimbursing
    for the child's costs of care, as specified in item (2).
    The balance shall accumulate in accordance with relevant
    State and federal laws and shall be disbursed to the child
    or his or her guardian, or to the issuing agency.
    (r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names of
such children who have not been placed for adoption. A list of
such names and addresses shall be maintained by the Department
or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and of
the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and of
the child.
    (s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
    (t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
        (1) an order entered by an Illinois court specifically
    directs the Department to perform such services; and
        (2) the court has ordered one or both of the parties to
    the proceeding to reimburse the Department for its
    reasonable costs for providing such services in accordance
    with Department rules, or has determined that neither party
    is financially able to pay.
    The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
    (u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
parents or other caretaker:
        (1) available detailed information concerning the
    child's educational and health history, copies of
    immunization records (including insurance and medical card
    information), a history of the child's previous
    placements, if any, and reasons for placement changes
    excluding any information that identifies or reveals the
    location of any previous caretaker;
        (2) a copy of the child's portion of the client service
    plan, including any visitation arrangement, and all
    amendments or revisions to it as related to the child; and
        (3) information containing details of the child's
    individualized educational plan when the child is
    receiving special education services.
    The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
    The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
    (u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
    (v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
if the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
    (v-1) Prior to final approval for placement of a child, the
Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if
the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
    (v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
    (w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
    (x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
    (y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189), a child with a disability who receives
residential and educational services from the Department shall
be eligible to receive transition services in accordance with
Article 14 of the School Code from the age of 14.5 through age
21, inclusive, notwithstanding the child's residential
services arrangement. For purposes of this subsection, "child
with a disability" means a child with a disability as defined
by the federal Individuals with Disabilities Education
Improvement Act of 2004.
    (z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
    For purposes of this subsection:
    "Background information" means all of the following:
        (i) Upon the request of the Department of Children and
    Family Services, conviction information obtained from the
    Department of State Police as a result of a
    fingerprint-based criminal history records check of the
    Illinois criminal history records database and the Federal
    Bureau of Investigation criminal history records database
    concerning a Department employee or Department applicant.
        (ii) Information obtained by the Department of
    Children and Family Services after performing a check of
    the Department of State Police's Sex Offender Database, as
    authorized by Section 120 of the Sex Offender Community
    Notification Law, concerning a Department employee or
    Department applicant.
        (iii) Information obtained by the Department of
    Children and Family Services after performing a check of
    the Child Abuse and Neglect Tracking System (CANTS)
    operated and maintained by the Department.
    "Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
    "Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.
1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised
10-3-18.)
 
    Section 95. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-1020 as follows:
 
    (20 ILCS 605/605-1020)
    Sec. 605-1020. Entrepreneur Learner's Permit pilot
program.
    (a) Subject to appropriation, there is hereby established
an Entrepreneur Learner's Permit pilot program that shall be
administered by the Department beginning on July 1 of the first
fiscal year for which an appropriation of State moneys is made
for that purpose and continuing for the next 2 immediately
succeeding fiscal years; however, the Department is not
required to administer the program in any fiscal year for which
such an appropriation has not been made. The purpose of the
program shall be to encourage and assist beginning
entrepreneurs in starting new businesses by providing
reimbursements to those entrepreneurs for any State filing,
permitting, or licensing fees associated with the formation of
such a business in the State.
    (b) Applicants for participation in the Entrepreneur
Learner's Permit pilot program shall apply to the Department,
in a form and manner prescribed by the Department, within one
year after the formation of the business for which the
entrepreneur seeks reimbursement of those fees. The Department
shall adopt rules for the review and approval of applications,
provided that it (1) shall give priority to applicants who are
women or minority persons, or both, and (2) shall not approve
any application by a person who will not be a beginning
entrepreneur. Reimbursements under this Section shall be
provided in the manner determined by the Department. In no
event shall an applicant apply for participation in the program
more than 3 times.
    (c) The aggregate amount of all reimbursements provided by
the Department pursuant to this Section shall not exceed
$500,000 in any State fiscal year.
    (d) On or before February 1 of the last calendar year
during which the pilot program is in effect, the Department
shall submit a report to the Governor and the General Assembly
on the cumulative effectiveness of the Entrepreneur Learner's
Permit pilot program. The review shall include, but not be
limited to, the number and type of businesses that were formed
in connection with the pilot program, the current status of
each business formed in connection with the pilot program, the
number of employees employed by each such business, the
economic impact to the State from the pilot program, the
satisfaction of participants in the pilot program, and a
recommendation as to whether the program should be continued.
The report to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of the
Senate in electronic form only, in the manner that the Clerk
and the Secretary shall direct.
    (e) As used in this Section:
        "Beginning entrepreneur" means an individual who, at
    the time he or she applies for participation in the
    program, has less than 5 years of experience as a business
    owner and is not a current business owner.
        "Woman" and "minority person" have the meanings given
    to those terms in the Business Enterprise for Minorities,
    Women, and Persons with Disabilities Act.
(Source: P.A. 100-541, eff. 11-7-17; 100-785, eff. 8-10-18;
100-863, eff. 8-14-18; revised 8-31-18.)
 
    Section 100. The Illinois Enterprise Zone Act is amended by
changing Sections 4 and 9.1 as follows:
 
    (20 ILCS 655/4)  (from Ch. 67 1/2, par. 604)
    Sec. 4. Qualifications for enterprise zones.
    (1) An area is qualified to become an enterprise zone
which:
        (a) is a contiguous area, provided that a zone area may
    exclude wholly surrounded territory within its boundaries;
        (b) comprises a minimum of one-half square mile and not
    more than 12 square miles, or 15 square miles if the zone
    is located within the jurisdiction of 4 or more counties or
    municipalities, in total area, exclusive of lakes and
    waterways; however, in such cases where the enterprise zone
    is a joint effort of three or more units of government, or
    two or more units of government if situated in a township
    which is divided by a municipality of 1,000,000 or more
    inhabitants, and where the certification has been in effect
    at least one year, the total area shall comprise a minimum
    of one-half square mile and not more than thirteen square
    miles in total area exclusive of lakes and waterways;
        (c) (blank);
        (d) (blank);
        (e) is (1) entirely within a municipality or (2)
    entirely within the unincorporated areas of a county,
    except where reasonable need is established for such zone
    to cover portions of more than one municipality or county
    or (3) both comprises (i) all or part of a municipality and
    (ii) an unincorporated area of a county; and
        (f) meets 3 or more of the following criteria:
            (1) all or part of the local labor market area has
        had an annual average unemployment rate of at least
        120% of the State's annual average unemployment rate
        for the most recent calendar year or the most recent
        fiscal year as reported by the Department of Employment
        Security;
            (2) designation will result in the development of
        substantial employment opportunities by creating or
        retaining a minimum aggregate of 1,000 full-time
        equivalent jobs due to an aggregate investment of
        $100,000,000 or more, and will help alleviate the
        effects of poverty and unemployment within the local
        labor market area;
            (3) all or part of the local labor market area has
        a poverty rate of at least 20% according to the latest
        federal decennial census, 50% or more of children in
        the local labor market area participate in the federal
        free lunch program according to reported statistics
        from the State Board of Education, or 20% or more
        households in the local labor market area receive food
        stamps according to the latest federal decennial
        census;
            (4) an abandoned coal mine, a brownfield (as
        defined in Section 58.2 of the Environmental
        Protection Act), or an inactive nuclear-powered
        nuclear powered electrical generation facility where
        spent nuclear fuel is stored on-site is located in the
        proposed zone area, or all or a portion of the proposed
        zone was declared a federal disaster area in the 3
        years preceding the date of application;
            (5) the local labor market area contains a presence
        of large employers that have downsized over the years,
        the labor market area has experienced plant closures in
        the 5 years prior to the date of application affecting
        more than 50 workers, or the local labor market area
        has experienced State or federal facility closures in
        the 5 years prior to the date of application affecting
        more than 50 workers;
            (6) based on data from Multiple Listing Service
        information or other suitable sources, the local labor
        market area contains a high floor vacancy rate of
        industrial or commercial properties, vacant or
        demolished commercial and industrial structures are
        prevalent in the local labor market area, or industrial
        structures in the local labor market area are not used
        because of age, deterioration, relocation of the
        former occupants, or cessation of operation;
            (7) the applicant demonstrates a substantial plan
        for using the designation to improve the State and
        local government tax base, including income, sales,
        and property taxes;
            (8) significant public infrastructure is present
        in the local labor market area in addition to a plan
        for infrastructure development and improvement;
            (9) high schools or community colleges located
        within the local labor market area are engaged in ACT
        Work Keys, Manufacturing Skills Standard
        Certification, or other industry-based credentials
        that prepare students for careers;
            (10) the change in equalized assessed valuation of
        industrial and/or commercial properties in the 5 years
        prior to the date of application is equal to or less
        than 50% of the State average change in equalized
        assessed valuation for industrial and/or commercial
        properties, as applicable, for the same period of time;
        or
            (11) the applicant demonstrates a substantial plan
        for using the designation to encourage: (i)
        participation by businesses owned by minorities,
        women, and persons with disabilities, as those terms
        are defined in the Business Enterprise for Minorities,
        Women, and Persons with Disabilities Act; and (ii) the
        hiring of minorities, women, and persons with
        disabilities.
    As provided in Section 10-5.3 of the River Edge
Redevelopment Zone Act, upon the expiration of the term of each
River Edge Redevelopment Zone in existence on August 7, 2012
(the effective date of Public Act 97-905) this amendatory Act
of the 97th General Assembly, that River Edge Redevelopment
Zone will become available for its previous designee or a new
applicant to compete for designation as an enterprise zone. No
preference for designation will be given to the previous
designee of the zone.
    (2) Any criteria established by the Department or by law
which utilize the rate of unemployment for a particular area
shall provide that all persons who are not presently employed
and have exhausted all unemployment benefits shall be
considered unemployed, whether or not such persons are actively
seeking employment.
(Source: P.A. 100-838, eff. 8-13-18; 100-1149, eff. 12-14-18;
revised 1-3-19.)
 
    (20 ILCS 655/9.1)  (from Ch. 67 1/2, par. 614)
    Sec. 9.1. State and local regulatory alternatives.
    (a) Agencies may provide in their rules and regulations
for:
        (i) the exemption of business enterprises within
    enterprise zones; or,
        (ii) modifications or alternatives specifically
    applicable to business enterprises within enterprise
    zones, which impose less stringent standards or
    alternative standards for compliance (including
    performance-based standards as a substitute for specific
    mandates of methods, procedures, or equipment).
    Such exemptions, modifications, or alternatives shall be
effected by rule or regulation promulgated in accordance with
the Illinois Administrative Procedure Act. The Agency
promulgating such exemptions, modifications, or alternatives
shall file with its proposed rule or regulation its findings
that the proposed rule or regulation provides economic
incentives within enterprise zones which promote the purposes
of this Act, and which, to the extent they include any
exemptions or reductions in regulatory standards or
requirements, outweigh the need or justification for the
existing rule or regulation.
    (b) If any agency promulgates a rule or regulation pursuant
to paragraph (a) affecting a rule or regulation contained on
the list published by the Department pursuant to Section 9,
prior to the completion of the rulemaking rule making process
for the Department's rules under that Section, the agency shall
immediately transmit a copy of its proposed rule or regulation
to the Department, together with a statement of reasons as to
why the Department should defer to the agency's proposed rule
or regulation. Agency rules promulgated under paragraph (a)
shall, however, be subject to the exemption rules and
regulations of the Department promulgated under Section 9.
    (c) Within enterprise zones, the designating county or
municipality may modify all local ordinances and regulations
regarding (1) zoning; (2) licensing; (3) building codes,
excluding however, any regulations treating building defects;
(4) rent control and price controls (except for the minimum
wage). Notwithstanding any shorter statute of limitation to the
contrary, actions against any contractor or architect who
designs, constructs, or rehabilitates a building or structure
in an enterprise zone in accordance with local standards
specifically applicable within zones which have been relaxed
may be commenced within 10 years from the time of beneficial
occupancy of the building or use of the structure.
(Source: P.A. 82-1019; revised 9-27-18.)
 
    Section 105. The State Parks Designation Act is amended by
changing Section 1 as follows:
 
    (20 ILCS 840/1)  (from Ch. 105, par. 468g)
    Sec. 1. The following described areas are designated State
Parks and have the names herein ascribed to them:
    Adeline Jay Geo-Karis Illinois Beach State Park, in Lake
County;
    Apple River Canyon State Park, in Jo Daviess County;
    Argyle Lake State Park, in McDonough County;
    Beaver Dam State Park, in Macoupin County;
    Buffalo Rock State Park, in LaSalle La Salle County;
    Castle Rock State Park, in Ogle County;
    Cave-in-Rock State Park, in Hardin County;
    Chain O'Lakes State Park, in Lake and McHenry Counties;
    Delabar State Park, in Henderson County;
    Dixon State Park, in Lee County;
    Dixon Springs State Park, in Pope County;
    Eagle Creek State Park, in Shelby County;
    Eldon Hazlet State Park, in Clinton County;
    Ferne Clyffe State Park, in Johnson County;
    Fort Creve Coeur State Park, in Tazewell County;
    Fort Defiance State Park, in Alexander County;
    Fort Massac State Park, in Massac County;
    Fox Ridge State Park, in Coles County;
    Frank Holten State Park, in St. Clair County;
    Funk's Grove State Park, in McLean County;
    Gebhard Woods State Park, in Grundy County;
    Giant City State Park, in Jackson and Union Counties;
    Goose Lake Prairie State Park, in Grundy County;
    Hazel and Bill Rutherford Wildlife Prairie State Park, in
Peoria County;
    Hennepin Canal Parkway State Park, in Bureau, Henry, Rock
Island, Lee and Whiteside Counties;
    Horseshoe Lake State Park, in Madison and St. Clair
Counties;
    Illini State Park, in LaSalle La Salle County;
    Illinois and Michigan Canal State Park, in the counties of
Cook, Will, Grundy, DuPage and LaSalle La Salle;
    Johnson Sauk Trail State Park, in Henry County;
    Jubilee College State Park, in Peoria County, excepting
Jubilee College State Historic Site as described in Section 7.1
of the Historic Preservation Act;
    Kankakee River State Park, in Kankakee and Will Counties;
    Kickapoo State Park, in Vermilion County;
    Lake Le-Aqua-Na State Park, in Stephenson County;
    Lake Murphysboro State Park, in Jackson County;
    Laurence C. Warren State Park, in Cook County;
    Lincoln Trail Homestead State Park, in Macon County;
    Lincoln Trail State Park, in Clark County;
    Lowden State Park, in Ogle County;
    Matthiessen State Park, in LaSalle La Salle County;
    McHenry Dam and Lake Defiance State Park, in McHenry
County;
    Mississippi Palisades State Park, in Carroll County;
    Moraine View State Park, in McLean County;
    Morrison-Rockwood State Park, in Whiteside County;
    Nauvoo State Park, in Hancock County, containing Horton
Lake;
    Pere Marquette State Park, in Jersey County;
    Prophetstown State Park, in Whiteside County;
    Pyramid State Park, in Perry County;
    Railsplitter State Park, in Logan County;
    Ramsey Lake State Park, in Fayette County;
    Red Hills State Park, in Lawrence County;
    Rock Cut State Park, in Winnebago County, containing Pierce
Lake;
    Rock Island Trail State Park, in Peoria and Stark Counties;
    Sam Parr State Park, in Jasper County;
    Sangchris Lake State Park, in Christian and Sangamon
Counties;
    Shabbona Lake and State Park, in DeKalb County;
    Siloam Springs State Park, in Brown and Adams Counties;
    Silver Springs State Park, in Kendall County;
    South Shore State Park, in Clinton County;
    Spitler Woods State Park, in Macon County;
    Starved Rock State Park, in LaSalle La Salle County;
    Stephen A. Forbes State Park, in Marion County;
    Walnut Point State Park, in Douglas County;
    Wayne Fitzgerrell State Park, in Franklin County;
    Weinberg-King State Park, in Schuyler County;
    Weldon Springs State Park, in DeWitt County;
    White Pines Forest State Park, in Ogle County;
    William G. Stratton State Park, in Grundy County;
    Wolf Creek State Park, in Shelby County.
(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)
 
    Section 110. The Outdoor Recreation Resources Act is
amended by changing Section 2a as follows:
 
    (20 ILCS 860/2a)  (from Ch. 105, par. 532a)
    Sec. 2a. The Department of Natural Resources is authorized
to have prepared with the Department of Commerce and Economic
Opportunity and to maintain, and keep up to date up-to-date a
comprehensive plan for the preservation of the historically
significant properties and interests of the State.
(Source: P.A. 100-695, eff. 8-3-18; revised 10-3-18.)
 
    Section 115. The Recreational Trails of Illinois Act is
amended by changing Section 25.5 as follows:
 
    (20 ILCS 862/25.5)
    Sec. 25.5. Off-highway vehicle trails public access
sticker.
    (a) An off-highway vehicle trails public access sticker is
a separate and additional requirement from the Off-Highway
Vehicle Usage Stamp under Section 26 of this Act.
    (b) Except as provided in subsection (c) of this Section, a
person may not operate and an owner may not give permission to
another to operate an off-highway vehicle on lands or waters in
public off-highway vehicle parks paid for, operated, or
supported by the grant program established under subsection (d)
of Section 15 of this Act unless the off-highway vehicle
displays an off-highway vehicle trails public access sticker in
a manner prescribed by the Department by rule.
    (c) An off-highway vehicle does not need an off-highway
vehicle trails a public access sticker if the off-highway
vehicle is used on private land or if the off-highway vehicle
is owned by the State, the federal government, or a unit of
local government.
    (d) The Department shall issue an off-highway vehicle
trails the public access sticker stickers and shall charge the
following fees:
        (1) $30 for 3 years for individuals;
        (2) $50 for 3 years for rental units;
        (3) $75 for 3 years for dealer and manufacturer
    demonstrations and research;
        (4) $50 for 3 years for an all-terrain vehicle or
    off-highway motorcycle used for production agriculture, as
    defined in Section 3-821 of the Illinois Vehicle Code;
        (5) $50 for 3 years for residents of a State other than
    Illinois that does not have a reciprocal agreement with the
    Department, under subsection (e) of this Section; and
        (6) $50 for 3 years for an all-terrain vehicle or
    off-highway motorcycle that does not have a title.
The Department, by administrative rule, may make replacement
stickers available at a reduced cost. The fees for public
access stickers shall be deposited into the Off-Highway Vehicle
Trails Fund.
    (e) The Department may enter into reciprocal agreements
with other states that have a similar off-highway vehicle
trails public access sticker program to allow residents of
those states to operate off-highway vehicles on land or lands
or waters in public off-highway vehicle parks paid for,
operated, or supported by the off-highway vehicle trails grant
program established under subsection (d) of Section 15 of this
Act without acquiring an off-highway vehicle trails public
access sticker in this State under subsection (b) of this
Section.
    (f) The Department may license vendors to sell off-highway
vehicle trails public access stickers. Issuing fees may be set
by administrative rule.
    (g) Any person participating in an organized competitive
event on land or lands in off-highway vehicle parks paid for,
operated by, or supported by the grant program established in
subsection (d) of Section 15 shall display the public access
sticker required under subsection (b) of this Section or pay $5
per event. Fees collected under this subsection shall be
deposited into the Off-Highway Vehicle Trails Fund.
(Source: P.A. 100-798, eff. 1-1-19; revised 10-3-18.)
 
    Section 120. The Department of Human Services Act is
amended by changing Section 1-17 as follows:
 
    (20 ILCS 1305/1-17)
    Sec. 1-17. Inspector General.
    (a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded,
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.
    (b) Definitions. The following definitions apply to this
Section:
    "Adult student with a disability" means an adult student,
age 18 through 21, inclusive, with an Individual Education
Program, other than a resident of a facility licensed by the
Department of Children and Family Services in accordance with
the Child Care Act of 1969. For purposes of this definition,
"through age 21, inclusive", means through the day before the
student's 22nd birthday.
    "Agency" or "community agency" means (i) a community agency
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of the
State, to provide mental health service or developmental
disabilities service, or (ii) a program licensed, funded, or
certified by the Department, but not licensed or certified by
any other human services agency of the State, to provide mental
health service or developmental disabilities service.
    "Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
    "Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an employee,
facility, or agency against an individual or individuals:
mental abuse, physical abuse, sexual abuse, neglect, or
financial exploitation.
    "Day" means working day, unless otherwise specified.
    "Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
    "Department" means the Department of Human Services.
    "Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
    "Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
    "Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual
agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This
includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
    "Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
    "Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
    "Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
    "Health Care Worker Registry" or "Registry" means the
Health Care Worker Registry under the Health Care Worker
Background Check Act.
    "Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
    "Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
    "Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
    "Mentally ill" means having a mental illness.
    "Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or
both the severity of the conduct and the culpability of the
accused.
    "Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in
either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
    "Person with a developmental disability" means a person
having a developmental disability.
    "Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
    "Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
    "Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
    "Secretary" means the Chief Administrative Officer of the
Department.
    "Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of
sexually explicit images to an individual via computer,
cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
    "Sexually explicit images" includes, but is not limited to,
any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sado-masochistic abuse.
    "Substantiated" means there is a preponderance of the
evidence to support the allegation.
    "Unfounded" means there is no credible evidence to support
the allegation.
    "Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
    (c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
    (d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
    (e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State in
investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
    (f) Limitations. The Inspector General shall not conduct an
investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection limits
investigations by the Department that may otherwise be required
by law or that may be necessary in the Department's capacity as
central administrative authority responsible for the operation
of the State's mental health and developmental disabilities
facilities.
    (g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with, an
investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department in
preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
    (h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons receiving
treatment for mental illness, developmental disability, or
both mental illness and developmental disability, and (ii)
establish and conduct periodic training programs for facility
and agency employees concerning the prevention and reporting of
any one or more of the following: mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation. The Inspector General shall further ensure (i)
every person authorized to conduct investigations at community
agencies receives ongoing training in Title 59, Parts 115, 116,
and 119 of the Illinois Administrative Code, and (ii) every
person authorized to conduct investigations shall receive
ongoing training in Title 59, Part 50 of the Illinois
Administrative Code. Nothing in this Section shall be deemed to
prevent the Office of Inspector General from conducting any
other training as determined by the Inspector General to be
necessary or helpful.
    (i) Duty to cooperate.
        (1) The Inspector General shall at all times be granted
    access to any facility or agency for the purpose of
    investigating any allegation, conducting unannounced site
    visits, monitoring compliance with a written response, or
    completing any other statutorily assigned duty. The
    Inspector General shall conduct unannounced site visits to
    each facility at least annually for the purpose of
    reviewing and making recommendations on systemic issues
    relative to preventing, reporting, investigating, and
    responding to all of the following: mental abuse, physical
    abuse, sexual abuse, neglect, egregious neglect, or
    financial exploitation.
        (2) Any employee who fails to cooperate with an Office
    of the Inspector General investigation is in violation of
    this Act. Failure to cooperate with an investigation
    includes, but is not limited to, any one or more of the
    following: (i) creating and transmitting a false report to
    the Office of the Inspector General hotline, (ii) providing
    false information to an Office of the Inspector General
    Investigator during an investigation, (iii) colluding with
    other employees to cover up evidence, (iv) colluding with
    other employees to provide false information to an Office
    of the Inspector General investigator, (v) destroying
    evidence, (vi) withholding evidence, or (vii) otherwise
    obstructing an Office of the Inspector General
    investigation. Additionally, any employee who, during an
    unannounced site visit or written response compliance
    check, fails to cooperate with requests from the Office of
    the Inspector General is in violation of this Act.
    (j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
    (k) Reporting allegations and deaths.
        (1) Allegations. If an employee witnesses, is told of,
    or has reason to believe an incident of mental abuse,
    physical abuse, sexual abuse, neglect, or financial
    exploitation has occurred, the employee, agency, or
    facility shall report the allegation by phone to the Office
    of the Inspector General hotline according to the agency's
    or facility's procedures, but in no event later than 4
    hours after the initial discovery of the incident,
    allegation, or suspicion of any one or more of the
    following: mental abuse, physical abuse, sexual abuse,
    neglect, or financial exploitation. A required reporter as
    defined in subsection (b) of this Section who knowingly or
    intentionally fails to comply with these reporting
    requirements is guilty of a Class A misdemeanor.
        (2) Deaths. Absent an allegation, a required reporter
    shall, within 24 hours after initial discovery, report by
    phone to the Office of the Inspector General hotline each
    of the following:
            (i) Any death of an individual occurring within 14
        calendar days after discharge or transfer of the
        individual from a residential program or facility.
            (ii) Any death of an individual occurring within 24
        hours after deflection from a residential program or
        facility.
            (iii) Any other death of an individual occurring at
        an agency or facility or at any Department-funded site.
        (3) Retaliation. It is a violation of this Act for any
    employee or administrator of an agency or facility to take
    retaliatory action against an employee who acts in good
    faith in conformance with his or her duties as a required
    reporter.
    (l) Reporting to law enforcement.
        (1) Reporting criminal acts. Within 24 hours after
    determining that there is credible evidence indicating
    that a criminal act may have been committed or that special
    expertise may be required in an investigation, the
    Inspector General shall notify the Department of State
    Police or other appropriate law enforcement authority, or
    ensure that such notification is made. The Department of
    State Police shall investigate any report from a
    State-operated facility indicating a possible murder,
    sexual assault, or other felony by an employee. All
    investigations conducted by the Inspector General shall be
    conducted in a manner designed to ensure the preservation
    of evidence for possible use in a criminal prosecution.
        (2) Reporting allegations of adult students with
    disabilities. Upon receipt of a reportable allegation
    regarding an adult student with a disability, the
    Department's Office of the Inspector General shall
    determine whether the allegation meets the criteria for the
    Domestic Abuse Program under the Abuse of Adults with
    Disabilities Intervention Act. If the allegation is
    reportable to that program, the Office of the Inspector
    General shall initiate an investigation. If the allegation
    is not reportable to the Domestic Abuse Program, the Office
    of the Inspector General shall make an expeditious referral
    to the respective law enforcement entity. If the alleged
    victim is already receiving services from the Department,
    the Office of the Inspector General shall also make a
    referral to the respective Department of Human Services'
    Division or Bureau.
    (m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, finding an
allegation is unsubstantiated, or if a recommendation is made,
the Inspector General shall provide the investigative report on
the case to the Secretary and to the director of the facility
or agency where any one or more of the following occurred:
mental abuse, physical abuse, sexual abuse, neglect, egregious
neglect, or financial exploitation. The director of the
facility or agency shall be responsible for maintaining the
confidentiality of the investigative report consistent with
State and federal law. In a substantiated case, the
investigative report shall include any mitigating or
aggravating circumstances that were identified during the
investigation. If the case involves substantiated neglect, the
investigative report shall also state whether egregious
neglect was found. An investigative report may also set forth
recommendations. All investigative reports prepared by the
Office of the Inspector General shall be considered
confidential and shall not be released except as provided by
the law of this State or as required under applicable federal
law. Unsubstantiated and unfounded reports shall not be
disclosed except as allowed under Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act. Raw
data used to compile the investigative report shall not be
subject to release unless required by law or a court order.
"Raw data used to compile the investigative report" includes,
but is not limited to, any one or more of the following: the
initial complaint, witness statements, photographs,
investigator's notes, police reports, or incident reports. If
the allegations are substantiated, the victim, the victim's
guardian, and the accused shall be provided with a redacted
copy of the investigative report. Death reports where there was
no allegation of abuse or neglect shall only be released
pursuant to applicable State or federal law or a valid court
order. Unredacted investigative reports, as well as raw data,
may be shared with a local law enforcement entity, a State's
Attorney's office, or a county coroner's office upon written
request.
    (n) Written responses, clarification requests, and
reconsideration requests.
        (1) Written responses. Within 30 calendar days from
    receipt of a substantiated investigative report or an
    investigative report which contains recommendations,
    absent a reconsideration request, the facility or agency
    shall file a written response that addresses, in a concise
    and reasoned manner, the actions taken to: (i) protect the
    individual; (ii) prevent recurrences; and (iii) eliminate
    the problems identified. The response shall include the
    implementation and completion dates of such actions. If the
    written response is not filed within the allotted 30
    calendar day period, the Secretary shall determine the
    appropriate corrective action to be taken.
        (2) Requests for clarification. The facility, agency,
    victim or guardian, or the subject employee may request
    that the Office of Inspector General clarify the finding or
    findings for which clarification is sought.
        (3) Requests for reconsideration. The facility,
    agency, victim or guardian, or the subject employee may
    request that the Office of the Inspector General reconsider
    the finding or findings or the recommendations. A request
    for reconsideration shall be subject to a multi-layer
    review and shall include at least one reviewer who did not
    participate in the investigation or approval of the
    original investigative report. After the multi-layer
    review process has been completed, the Inspector General
    shall make the final determination on the reconsideration
    request. The investigation shall be reopened if the
    reconsideration determination finds that additional
    information is needed to complete the investigative
    record.
    (o) Disclosure of the finding by the Inspector General. The
Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
    (p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure, or certification,
or (iv) the imposition of appropriate sanctions.
    (q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30-day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of any
implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may include,
but are not limited to: (i) site visits, (ii) telephone
contact, and (iii) requests for additional documentation
evidencing compliance.
    (r) Sanctions. Sanctions, if imposed by the Secretary under
Subdivision (p)(iv) of this Section, shall be designed to
prevent further acts of mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation
or some combination of one or more of those acts at a facility
or agency, and may include any one or more of the following:
        (1) Appointment of on-site monitors.
        (2) Transfer or relocation of an individual or
    individuals.
        (3) Closure of units.
        (4) Termination of any one or more of the following:
    (i) Department licensing, (ii) funding, or (iii)
    certification.
    The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's Attorney
in implementing sanctions.
    (s) Health Care Worker Registry.
        (1) Reporting to the Registry. The Inspector General
    shall report to the Department of Public Health's Health
    Care Worker Registry, a public registry, the identity and
    finding of each employee of a facility or agency against
    whom there is a final investigative report containing a
    substantiated allegation of physical or sexual abuse,
    financial exploitation, or egregious neglect of an
    individual.
        (2) Notice to employee. Prior to reporting the name of
    an employee, the employee shall be notified of the
    Department's obligation to report and shall be granted an
    opportunity to request an administrative hearing, the sole
    purpose of which is to determine if the substantiated
    finding warrants reporting to the Registry. Notice to the
    employee shall contain a clear and concise statement of the
    grounds on which the report to the Registry is based, offer
    the employee an opportunity for a hearing, and identify the
    process for requesting such a hearing. Notice is sufficient
    if provided by certified mail to the employee's last known
    address. If the employee fails to request a hearing within
    30 days from the date of the notice, the Inspector General
    shall report the name of the employee to the Registry.
    Nothing in this subdivision (s)(2) shall diminish or impair
    the rights of a person who is a member of a collective
    bargaining unit under the Illinois Public Labor Relations
    Act or under any other federal labor statute.
        (3) Registry hearings. If the employee requests an
    administrative hearing, the employee shall be granted an
    opportunity to appear before an administrative law judge to
    present reasons why the employee's name should not be
    reported to the Registry. The Department shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that the substantiated
    finding warrants reporting to the Registry. After
    considering all the evidence presented, the administrative
    law judge shall make a recommendation to the Secretary as
    to whether the substantiated finding warrants reporting
    the name of the employee to the Registry. The Secretary
    shall render the final decision. The Department and the
    employee shall have the right to request that the
    administrative law judge consider a stipulated disposition
    of these proceedings.
        (4) Testimony at Registry hearings. A person who makes
    a report or who investigates a report under this Act shall
    testify fully in any judicial proceeding resulting from
    such a report, as to any evidence of abuse or neglect, or
    the cause thereof. No evidence shall be excluded by reason
    of any common law or statutory privilege relating to
    communications between the alleged perpetrator of abuse or
    neglect, or the individual alleged as the victim in the
    report, and the person making or investigating the report.
    Testimony at hearings is exempt from the confidentiality
    requirements of subsection (f) of Section 10 of the Mental
    Health and Developmental Disabilities Confidentiality Act.
        (5) Employee's rights to collateral action. No
    reporting to the Registry shall occur and no hearing shall
    be set or proceed if an employee notifies the Inspector
    General in writing, including any supporting
    documentation, that he or she is formally contesting an
    adverse employment action resulting from a substantiated
    finding by complaint filed with the Illinois Civil Service
    Commission, or which otherwise seeks to enforce the
    employee's rights pursuant to any applicable collective
    bargaining agreement. If an action taken by an employer
    against an employee as a result of a finding of physical
    abuse, sexual abuse, or egregious neglect is overturned
    through an action filed with the Illinois Civil Service
    Commission or under any applicable collective bargaining
    agreement and if that employee's name has already been sent
    to the Registry, the employee's name shall be removed from
    the Registry.
        (6) Removal from Registry. At any time after the report
    to the Registry, but no more than once in any 12-month
    period, an employee may petition the Department in writing
    to remove his or her name from the Registry. Upon receiving
    notice of such request, the Inspector General shall conduct
    an investigation into the petition. Upon receipt of such
    request, an administrative hearing will be set by the
    Department. At the hearing, the employee shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that removal of the name
    from the Registry is in the public interest. The parties
    may jointly request that the administrative law judge
    consider a stipulated disposition of these proceedings.
    (t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving Health Care
Worker Registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
    (u) Quality Care Board. There is created, within the Office
of the Inspector General, a Quality Care Board to be composed
of 7 members appointed by the Governor with the advice and
consent of the Senate. One of the members shall be designated
as chairman by the Governor. Of the initial appointments made
by the Governor, 4 Board members shall each be appointed for a
term of 4 years and 3 members shall each be appointed for a
term of 2 years. Upon the expiration of each member's term, a
successor shall be appointed for a term of 4 years. In the case
of a vacancy in the office of any member, the Governor shall
appoint a successor for the remainder of the unexpired term.
    Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be
persons with a disability or parents a parent of persons a
person with a disability. Members shall serve without
compensation, but shall be reimbursed for expenses incurred in
connection with the performance of their duties as members.
    The Board shall meet quarterly, and may hold other meetings
on the call of the chairman. Four members shall constitute a
quorum allowing the Board to conduct its business. The Board
may adopt rules and regulations it deems necessary to govern
its own procedures.
    The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure the
prompt and thorough investigation of allegations of neglect and
abuse. In fulfilling these responsibilities, the Board may do
the following:
        (1) Provide independent, expert consultation to the
    Inspector General on policies and protocols for
    investigations of alleged abuse, neglect, or both abuse and
    neglect.
        (2) Review existing regulations relating to the
    operation of facilities.
        (3) Advise the Inspector General as to the content of
    training activities authorized under this Section.
        (4) Recommend policies concerning methods for
    improving the intergovernmental relationships between the
    Office of the Inspector General and other State or federal
    offices.
    (v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or identifying
information of any individual, but shall include objective data
identifying any trends in the number of reported allegations,
the timeliness of the Office of the Inspector General's
investigations, and their disposition, for each facility and
Department-wide, for the most recent 3-year time period. The
report shall also identify, by facility, the staff-to-patient
ratios taking account of direct care staff only. The report
shall also include detailed recommended administrative actions
and matters for consideration by the General Assembly.
    (w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency. The
Auditor General shall conduct the program audit according to
the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
    (x) Nothing in this Section shall be construed to mean that
an individual is a victim of abuse or neglect because of health
care services appropriately provided or not provided by health
care professionals.
    (y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to an
individual in contravention of that individual's stated or
implied objection to the provision of that service on the
ground that that service conflicts with the individual's
religious beliefs or practices, nor shall the failure to
provide a service to an individual be considered abuse under
this Section if the individual has objected to the provision of
that service based on his or her religious beliefs or
practices.
(Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15;
99-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff.
8-25-17; 100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991,
eff. 8-20-18; 100-1098, eff. 8-26-18; revised 10-3-18.)
 
    Section 125. The Regional Integrated Behavioral Health
Networks Act is amended by changing Section 25 as follows:
 
    (20 ILCS 1340/25)
    Sec. 25. Development of Network plans. Each Network shall
develop a plan for its respective region that addresses the
following:
        (a) Inventory of all mental health and substance use
    disorder services, primary health care facilities and
    services, private hospitals, State-operated psychiatric
    hospitals, long-term long term care facilities, social
    services, transportation services, and any services
    available to serve persons with mental and substance use
    illnesses.
        (b) Identification of unmet community needs,
    including, but not limited to, the following:
            (1) Waiting lists in community mental health and
        substance use disorder services.
            (2) Hospital emergency department use by persons
        with mental and substance use illnesses, including
        volume, length of stay, and challenges associated with
        obtaining psychiatric assessment.
            (3) Difficulty obtaining admission to inpatient
        facilities, and reasons therefor therefore.
            (4) Availability of primary care providers in the
        community, including Federally Qualified Health
        Centers and Rural Health Centers.
            (5) Availability of psychiatrists and mental
        health professionals.
            (6) Transportation issues.
            (7) Other.
        (c) Identification of opportunities to improve access
    to mental and substance use disorder services through the
    integration of specialty behavioral health services with
    primary care, including, but not limited to, the following:
            (1) Availability of Federally Qualified Health
        Centers in community with mental health staff.
            (2) Development of accountable care organizations
        or other primary care entities.
            (3) Availability of acute care hospitals with
        specialized psychiatric capacity.
            (4) Community providers with an interest in
        collaborating with acute care providers.
        (d) Development of a plan to address community needs,
    including a specific timeline for implementation of
    specific objectives and establishment of evaluation
    measures. The comprehensive plan should include the
    complete continuum of behavioral health services,
    including, but not limited to, the following:
            (1) Prevention.
            (2) Client assessment and diagnosis.
            (3) An array of outpatient behavioral health
        services.
            (4) Case coordination.
            (5) Crisis and emergency services.
            (6) Treatment, including inpatient psychiatric
        services in public and private hospitals.
            (7) Long-term Long term care facilities.
            (8) Community residential alternatives to
        institutional settings.
            (9) Primary care services.
(Source: P.A. 100-759, eff. 1-1-19; revised 9-25-18.)
 
    Section 130. The Department of Innovation and Technology
Act is amended by changing Sections 1-35 and 1-45 as follows:
 
    (20 ILCS 1370/1-35)
    Sec. 1-35. Communications.
    (a) The Department shall develop and implement a
comprehensive plan to coordinate or centralize communications
among State agencies with offices at different locations. The
plan shall be updated based on a continuing study of
communications problems of State government and shall include
any information technology-related technology related
equipment or service used for communication purposes including
digital, analog, or future transmission medium, whether for
voice, data, or any combination thereof. The plan shall take
into consideration systems that might effect economies,
including, but not limited to, quantity discount services and
may include provision of telecommunications service to local
and federal government entities located within this State if
State interests can be served by so doing.
    (b) The Department shall provide for and coordinate
communications services for State agencies and, when requested
and when in the best interests of the State, for units of
federal or local governments and public and not-for-profit
institutions of primary, secondary, and higher education. The
Department may make use of, or support or provide any
information technology-related technology related
communications equipment or services necessary and available
to support the needs of interested parties not associated with
State government provided that State government usage shall
have first priority. For this purpose the Department shall have
the power to do all of the following:
        (1) Provide for and control the procurement,
    retention, installation, and maintenance of communications
    equipment or services used by State agencies in the
    interest of efficiency and economy.
        (2) Review existing standards and, where appropriate,
    propose to establish new or modified standards for State
    agencies which shall include a minimum of one
    telecommunication device for the deaf installed and
    operational within each State agency, to provide public
    access to agency information for those persons who are
    hearing or speech impaired. The Department shall consult
    the Department of Human Services to develop standards and
    implementation for this equipment.
        (3) Establish charges for information technology for
    State agencies and, when requested, for units of federal or
    local government and public and not-for-profit
    institutions of primary, secondary, or higher education.
    Entities charged for these services shall pay the
    Department.
        (4) Instruct all State agencies to report their usage
    of communication services regularly to the Department in
    the manner the Department may prescribe.
        (5) Analyze the present and future aims and needs of
    all State agencies in the area of communications services
    and plan to serve those aims and needs in the most
    effective and efficient manner.
        (6) Provide telecommunications and other
    communications services.
        (7) Establish the administrative organization within
    the Department that is required to accomplish the purpose
    of this Section.
    As used in this subsection (b) only, "State agencies" means
all departments, officers, commissions, boards, institutions,
and bodies politic and corporate of the State except (i) the
judicial branch, including, without limitation, the several
courts of the State, the offices of the clerk of the supreme
court and the clerks of the appellate court, and the
Administrative Office of the Illinois Courts, (ii) State
constitutional offices, and (iii) the General Assembly,
legislative service agencies, and all officers of the General
Assembly.
    This subsection (b) does not apply to the procurement of
Next Generation 9-1-1 service as governed by Section 15.6b of
the Emergency Telephone System Act.
(Source: P.A. 100-611, eff. 7-20-18; revised 9-26-18.)
 
    (20 ILCS 1370/1-45)
    Sec. 1-45. Grants for distance learning services. The
Department may award grants to public community colleges and
educational education service centers for development and
implementation of telecommunications systems that provide
distance learning services.
(Source: P.A. 100-611, eff. 7-20-18; revised 10-3-18.)
 
    Section 135. The Illinois Information Security Improvement
Act is amended by changing Sections 5-20 and 5-25 as follows:
 
    (20 ILCS 1375/5-20)
    Sec. 5-20. Statewide Chief Information Security Officer.
The position of Statewide Chief Information Security Officer is
established within the Office. The Secretary shall appoint a
Statewide Chief Information Security Officer who shall serve at
the pleasure of the Secretary. The Statewide Chief Information
Security Officer shall report to and be under the supervision
of the Secretary. The Statewide Chief Information Security
Officer shall exhibit a background and experience in
information security, information technology, or risk
management, or exhibit other appropriate expertise required to
fulfill the duties of the Statewide Chief Information Security
Officer. If the Statewide Chief Information Security Officer is
unable or unavailable to perform the duties and
responsibilities under Section 5-25 25, all powers and
authority granted to the Statewide Chief Information Security
Officer may be exercised by the Secretary or his or her
designee.
(Source: P.A. 100-611, eff. 7-20-18; revised 10-3-18.)
 
    (20 ILCS 1375/5-25)
    Sec. 5-25. Responsibilities.
    (a) The Secretary shall:
        (1) appoint a Statewide Chief Information Security
    Officer pursuant to Section 5-20 20;
        (2) provide the Office with the staffing and resources
    deemed necessary by the Secretary to fulfill the
    responsibilities of the Office;
        (3) oversee statewide information security policies
    and practices, including:
            (A) directing and overseeing the development,
        implementation, and communication of statewide
        information security policies, standards, and
        guidelines;
            (B) overseeing the education of State agency
        personnel regarding the requirement to identify and
        provide information security protections commensurate
        with the risk and magnitude of the harm resulting from
        the unauthorized access, use, disclosure, disruption,
        modification, or destruction of information in a
        critical information system;
            (C) overseeing the development and implementation
        of a statewide information security risk management
        program;
            (D) overseeing State agency compliance with the
        requirements of this Section;
            (E) coordinating Information Security policies and
        practices with related information and personnel
        resources management policies and procedures; and
            (F) providing an effective and efficient process
        to assist State agencies with complying with the
        requirements of this Act.
    (b) The Statewide Chief Information Security Officer
shall:
        (1) serve as the head of the Office and ensure the
    execution of the responsibilities of the Office as set
    forth in subsection (c) of Section 5-15 15, the Statewide
    Chief Information Security Officer shall also oversee
    State agency personnel with significant responsibilities
    for information security and ensure a competent workforce
    that keeps pace with the changing information security
    environment;
        (2) develop and recommend information security
    policies, standards, procedures, and guidelines to the
    Secretary for statewide adoption and monitor compliance
    with these policies, standards, guidelines, and procedures
    through periodic testing;
        (3) develop and maintain risk-based, cost-effective
    information security programs and control techniques to
    address all applicable security and compliance
    requirements throughout the life cycle of State agency
    information systems;
        (4) establish the procedures, processes, and
    technologies to rapidly and effectively identify threats,
    risks, and vulnerabilities to State information systems,
    and ensure the prioritization of the remediation of
    vulnerabilities that pose risk to the State;
        (5) develop and implement capabilities and procedures
    for detecting, reporting, and responding to information
    security incidents;
        (6) establish and direct a statewide information
    security risk management program to identify information
    security risks in State agencies and deploy risk mitigation
    strategies, processes, and procedures;
        (7) establish the State's capability to sufficiently
    protect the security of data through effective information
    system security planning, secure system development,
    acquisition, and deployment, the application of protective
    technologies and information system certification,
    accreditation, and assessments;
        (8) ensure that State agency personnel, including
    contractors, are appropriately screened and receive
    information security awareness training;
        (9) convene meetings with agency heads and other State
    officials to help ensure:
            (A) the ongoing communication of risk and risk
        reduction strategies,
            (B) effective implementation of information
        security policies and practices, and
            (C) the incorporation of and compliance with
        information security policies, standards, and
        guidelines into the policies and procedures of the
        agencies;
        (10) provide operational and technical assistance to
    State agencies in implementing policies, principles,
    standards, and guidelines on information security,
    including implementation of standards promulgated under
    subparagraph (A) of paragraph (3) of subsection (a) of this
    Section, and provide assistance and effective and
    efficient means for State agencies to comply with the State
    agency requirements under this Act;
        (11) in coordination and consultation with the
    Secretary and the Governor's Office of Management and
    Budget, review State agency budget requests related to
    Information Security systems and provide recommendations
    to the Governor's Office of Management and Budget;
        (12) ensure the preparation and maintenance of plans
    and procedures to provide cyber resilience and continuity
    of operations for critical information systems that
    support the operations of the State; and
        (13) take such other actions as the Secretary may
    direct.
(Source: P.A. 100-611, eff. 7-20-18; revised 10-9-18.)
 
    Section 140. The Illinois Lottery Law is amended by
changing Sections 2, 9.1, and 20 and by setting forth,
renumbering, and changing multiple versions of Section 21.10 as
follows:
 
    (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
    Sec. 2. This Act is enacted to implement and establish
within the State a lottery to be conducted by the State through
the Department. The entire net proceeds of the Lottery are to
be used for the support of the State's Common School Fund,
except as provided in subsection (o) of Section 9.1 and
Sections 21.5, 21.6, 21.7, 21.8, 21.9, and 21.10, and 21.11.
The General Assembly finds that it is in the public interest
for the Department to conduct the functions of the Lottery with
the assistance of a private manager under a management
agreement overseen by the Department. The Department shall be
accountable to the General Assembly and the people of the State
through a comprehensive system of regulation, audits, reports,
and enduring operational oversight. The Department's ongoing
conduct of the Lottery through a management agreement with a
private manager shall act to promote and ensure the integrity,
security, honesty, and fairness of the Lottery's operation and
administration. It is the intent of the General Assembly that
the Department shall conduct the Lottery with the assistance of
a private manager under a management agreement at all times in
a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
1953(b)(4).
    Beginning with Fiscal Year 2018 and every year thereafter,
any moneys transferred from the State Lottery Fund to the
Common School Fund shall be supplemental to, and not in lieu
of, any other money due to be transferred to the Common School
Fund by law or appropriation.
(Source: P.A. 99-933, eff. 1-27-17; 100-466, eff. 6-1-18;
100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; revised
9-20-18.)
 
    (20 ILCS 1605/9.1)
    Sec. 9.1. Private manager and management agreement.
    (a) As used in this Section:
    "Offeror" means a person or group of persons that responds
to a request for qualifications under this Section.
    "Request for qualifications" means all materials and
documents prepared by the Department to solicit the following
from offerors:
        (1) Statements of qualifications.
        (2) Proposals to enter into a management agreement,
    including the identity of any prospective vendor or vendors
    that the offeror intends to initially engage to assist the
    offeror in performing its obligations under the management
    agreement.
    "Final offer" means the last proposal submitted by an
offeror in response to the request for qualifications,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
    "Final offeror" means the offeror ultimately selected by
the Governor to be the private manager for the Lottery under
subsection (h) of this Section.
    (b) By September 15, 2010, the Governor shall select a
private manager for the total management of the Lottery with
integrated functions, such as lottery game design, supply of
goods and services, and advertising and as specified in this
Section.
    (c) Pursuant to the terms of this subsection, the
Department shall endeavor to expeditiously terminate the
existing contracts in support of the Lottery in effect on the
effective date of this amendatory Act of the 96th General
Assembly in connection with the selection of the private
manager. As part of its obligation to terminate these contracts
and select the private manager, the Department shall establish
a mutually agreeable timetable to transfer the functions of
existing contractors to the private manager so that existing
Lottery operations are not materially diminished or impaired
during the transition. To that end, the Department shall do the
following:
        (1) where such contracts contain a provision
    authorizing termination upon notice, the Department shall
    provide notice of termination to occur upon the mutually
    agreed timetable for transfer of functions;
        (2) upon the expiration of any initial term or renewal
    term of the current Lottery contracts, the Department shall
    not renew such contract for a term extending beyond the
    mutually agreed timetable for transfer of functions; or
        (3) in the event any current contract provides for
    termination of that contract upon the implementation of a
    contract with the private manager, the Department shall
    perform all necessary actions to terminate the contract on
    the date that coincides with the mutually agreed timetable
    for transfer of functions.
    If the contracts to support the current operation of the
Lottery in effect on the effective date of this amendatory Act
of the 96th General Assembly are not subject to termination as
provided for in this subsection (c), then the Department may
include a provision in the contract with the private manager
specifying a mutually agreeable methodology for incorporation.
    (c-5) The Department shall include provisions in the
management agreement whereby the private manager shall, for a
fee, and pursuant to a contract negotiated with the Department
(the "Employee Use Contract"), utilize the services of current
Department employees to assist in the administration and
operation of the Lottery. The Department shall be the employer
of all such bargaining unit employees assigned to perform such
work for the private manager, and such employees shall be State
employees, as defined by the Personnel Code. Department
employees shall operate under the same employment policies,
rules, regulations, and procedures, as other employees of the
Department. In addition, neither historical representation
rights under the Illinois Public Labor Relations Act, nor
existing collective bargaining agreements, shall be disturbed
by the management agreement with the private manager for the
management of the Lottery.
    (d) The management agreement with the private manager shall
include all of the following:
        (1) A term not to exceed 10 years, including any
    renewals.
        (2) A provision specifying that the Department:
            (A) shall exercise actual control over all
        significant business decisions;
            (A-5) has the authority to direct or countermand
        operating decisions by the private manager at any time;
            (B) has ready access at any time to information
        regarding Lottery operations;
            (C) has the right to demand and receive information
        from the private manager concerning any aspect of the
        Lottery operations at any time; and
            (D) retains ownership of all trade names,
        trademarks, and intellectual property associated with
        the Lottery.
        (3) A provision imposing an affirmative duty on the
    private manager to provide the Department with material
    information and with any information the private manager
    reasonably believes the Department would want to know to
    enable the Department to conduct the Lottery.
        (4) A provision requiring the private manager to
    provide the Department with advance notice of any operating
    decision that bears significantly on the public interest,
    including, but not limited to, decisions on the kinds of
    games to be offered to the public and decisions affecting
    the relative risk and reward of the games being offered, so
    the Department has a reasonable opportunity to evaluate and
    countermand that decision.
        (5) A provision providing for compensation of the
    private manager that may consist of, among other things, a
    fee for services and a performance based bonus as
    consideration for managing the Lottery, including terms
    that may provide the private manager with an increase in
    compensation if Lottery revenues grow by a specified
    percentage in a given year.
        (6) (Blank).
        (7) A provision requiring the deposit of all Lottery
    proceeds to be deposited into the State Lottery Fund except
    as otherwise provided in Section 20 of this Act.
        (8) A provision requiring the private manager to locate
    its principal office within the State.
        (8-5) A provision encouraging that at least 20% of the
    cost of contracts entered into for goods and services by
    the private manager in connection with its management of
    the Lottery, other than contracts with sales agents or
    technical advisors, be awarded to businesses that are a
    minority-owned business, a women-owned business, or a
    business owned by a person with disability, as those terms
    are defined in the Business Enterprise for Minorities,
    Women, and Persons with Disabilities Act.
        (9) A requirement that so long as the private manager
    complies with all the conditions of the agreement under the
    oversight of the Department, the private manager shall have
    the following duties and obligations with respect to the
    management of the Lottery:
            (A) The right to use equipment and other assets
        used in the operation of the Lottery.
            (B) The rights and obligations under contracts
        with retailers and vendors.
            (C) The implementation of a comprehensive security
        program by the private manager.
            (D) The implementation of a comprehensive system
        of internal audits.
            (E) The implementation of a program by the private
        manager to curb compulsive gambling by persons playing
        the Lottery.
            (F) A system for determining (i) the type of
        Lottery games, (ii) the method of selecting winning
        tickets, (iii) the manner of payment of prizes to
        holders of winning tickets, (iv) the frequency of
        drawings of winning tickets, (v) the method to be used
        in selling tickets, (vi) a system for verifying the
        validity of tickets claimed to be winning tickets,
        (vii) the basis upon which retailer commissions are
        established by the manager, and (viii) minimum
        payouts.
        (10) A requirement that advertising and promotion must
    be consistent with Section 7.8a of this Act.
        (11) A requirement that the private manager market the
    Lottery to those residents who are new, infrequent, or
    lapsed players of the Lottery, especially those who are
    most likely to make regular purchases on the Internet as
    permitted by law.
        (12) A code of ethics for the private manager's
    officers and employees.
        (13) A requirement that the Department monitor and
    oversee the private manager's practices and take action
    that the Department considers appropriate to ensure that
    the private manager is in compliance with the terms of the
    management agreement, while allowing the manager, unless
    specifically prohibited by law or the management
    agreement, to negotiate and sign its own contracts with
    vendors.
        (14) A provision requiring the private manager to
    periodically file, at least on an annual basis, appropriate
    financial statements in a form and manner acceptable to the
    Department.
        (15) Cash reserves requirements.
        (16) Procedural requirements for obtaining the prior
    approval of the Department when a management agreement or
    an interest in a management agreement is sold, assigned,
    transferred, or pledged as collateral to secure financing.
        (17) Grounds for the termination of the management
    agreement by the Department or the private manager.
        (18) Procedures for amendment of the agreement.
        (19) A provision requiring the private manager to
    engage in an open and competitive bidding process for any
    procurement having a cost in excess of $50,000 that is not
    a part of the private manager's final offer. The process
    shall favor the selection of a vendor deemed to have
    submitted a proposal that provides the Lottery with the
    best overall value. The process shall not be subject to the
    provisions of the Illinois Procurement Code, unless
    specifically required by the management agreement.
        (20) The transition of rights and obligations,
    including any associated equipment or other assets used in
    the operation of the Lottery, from the manager to any
    successor manager of the lottery, including the
    Department, following the termination of or foreclosure
    upon the management agreement.
        (21) Right of use of copyrights, trademarks, and
    service marks held by the Department in the name of the
    State. The agreement must provide that any use of them by
    the manager shall only be for the purpose of fulfilling its
    obligations under the management agreement during the term
    of the agreement.
        (22) The disclosure of any information requested by the
    Department to enable it to comply with the reporting
    requirements and information requests provided for under
    subsection (p) of this Section.
    (e) Notwithstanding any other law to the contrary, the
Department shall select a private manager through a competitive
request for qualifications process consistent with Section
20-35 of the Illinois Procurement Code, which shall take into
account:
        (1) the offeror's ability to market the Lottery to
    those residents who are new, infrequent, or lapsed players
    of the Lottery, especially those who are most likely to
    make regular purchases on the Internet;
        (2) the offeror's ability to address the State's
    concern with the social effects of gambling on those who
    can least afford to do so;
        (3) the offeror's ability to provide the most
    successful management of the Lottery for the benefit of the
    people of the State based on current and past business
    practices or plans of the offeror; and
        (4) the offeror's poor or inadequate past performance
    in servicing, equipping, operating or managing a lottery on
    behalf of Illinois, another State or foreign government and
    attracting persons who are not currently regular players of
    a lottery.
    (f) The Department may retain the services of an advisor or
advisors with significant experience in financial services or
the management, operation, and procurement of goods, services,
and equipment for a government-run lottery to assist in the
preparation of the terms of the request for qualifications and
selection of the private manager. Any prospective advisor
seeking to provide services under this subsection (f) shall
disclose any material business or financial relationship
during the past 3 years with any potential offeror, or with a
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the
Lottery. The Department shall evaluate the material business or
financial relationship of each prospective advisor. The
Department shall not select any prospective advisor with a
substantial business or financial relationship that the
Department deems to impair the objectivity of the services to
be provided by the prospective advisor. During the course of
the advisor's engagement by the Department, and for a period of
one year thereafter, the advisor shall not enter into any
business or financial relationship with any offeror or any
vendor identified to assist an offeror in performing its
obligations under the management agreement. Any advisor
retained by the Department shall be disqualified from being an
offeror. The Department shall not include terms in the request
for qualifications that provide a material advantage whether
directly or indirectly to any potential offeror, or any
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the
Lottery, including terms contained in previous responses to
requests for proposals or qualifications submitted to
Illinois, another State or foreign government when those terms
are uniquely associated with a particular potential offeror,
contractor, or subcontractor. The request for proposals
offered by the Department on December 22, 2008 as
"LOT08GAMESYS" and reference number "22016176" is declared
void.
    (g) The Department shall select at least 2 offerors as
finalists to potentially serve as the private manager no later
than August 9, 2010. Upon making preliminary selections, the
Department shall schedule a public hearing on the finalists'
proposals and provide public notice of the hearing at least 7
calendar days before the hearing. The notice must include all
of the following:
        (1) The date, time, and place of the hearing.
        (2) The subject matter of the hearing.
        (3) A brief description of the management agreement to
    be awarded.
        (4) The identity of the offerors that have been
    selected as finalists to serve as the private manager.
        (5) The address and telephone number of the Department.
    (h) At the public hearing, the Department shall (i) provide
sufficient time for each finalist to present and explain its
proposal to the Department and the Governor or the Governor's
designee, including an opportunity to respond to questions
posed by the Department, Governor, or designee and (ii) allow
the public and non-selected offerors to comment on the
presentations. The Governor or a designee shall attend the
public hearing. After the public hearing, the Department shall
have 14 calendar days to recommend to the Governor whether a
management agreement should be entered into with a particular
finalist. After reviewing the Department's recommendation, the
Governor may accept or reject the Department's recommendation,
and shall select a final offeror as the private manager by
publication of a notice in the Illinois Procurement Bulletin on
or before September 15, 2010. The Governor shall include in the
notice a detailed explanation and the reasons why the final
offeror is superior to other offerors and will provide
management services in a manner that best achieves the
objectives of this Section. The Governor shall also sign the
management agreement with the private manager.
    (i) Any action to contest the private manager selected by
the Governor under this Section must be brought within 7
calendar days after the publication of the notice of the
designation of the private manager as provided in subsection
(h) of this Section.
    (j) The Lottery shall remain, for so long as a private
manager manages the Lottery in accordance with provisions of
this Act, a Lottery conducted by the State, and the State shall
not be authorized to sell or transfer the Lottery to a third
party.
    (k) Any tangible personal property used exclusively in
connection with the lottery that is owned by the Department and
leased to the private manager shall be owned by the Department
in the name of the State and shall be considered to be public
property devoted to an essential public and governmental
function.
    (l) The Department may exercise any of its powers under
this Section or any other law as necessary or desirable for the
execution of the Department's powers under this Section.
    (m) Neither this Section nor any management agreement
entered into under this Section prohibits the General Assembly
from authorizing forms of gambling that are not in direct
competition with the Lottery.
    (n) The private manager shall be subject to a complete
investigation in the third, seventh, and tenth years of the
agreement (if the agreement is for a 10-year term) by the
Department in cooperation with the Auditor General to determine
whether the private manager has complied with this Section and
the management agreement. The private manager shall bear the
cost of an investigation or reinvestigation of the private
manager under this subsection.
    (o) The powers conferred by this Section are in addition
and supplemental to the powers conferred by any other law. If
any other law or rule is inconsistent with this Section,
including, but not limited to, provisions of the Illinois
Procurement Code, then this Section controls as to any
management agreement entered into under this Section. This
Section and any rules adopted under this Section contain full
and complete authority for a management agreement between the
Department and a private manager. No law, procedure,
proceeding, publication, notice, consent, approval, order, or
act by the Department or any other officer, Department, agency,
or instrumentality of the State or any political subdivision is
required for the Department to enter into a management
agreement under this Section. This Section contains full and
complete authority for the Department to approve any contracts
entered into by a private manager with a vendor providing
goods, services, or both goods and services to the private
manager under the terms of the management agreement, including
subcontractors of such vendors.
    Upon receipt of a written request from the Chief
Procurement Officer, the Department shall provide to the Chief
Procurement Officer a complete and un-redacted copy of the
management agreement or any contract that is subject to the
Department's approval authority under this subsection (o). The
Department shall provide a copy of the agreement or contract to
the Chief Procurement Officer in the time specified by the
Chief Procurement Officer in his or her written request, but no
later than 5 business days after the request is received by the
Department. The Chief Procurement Officer must retain any
portions of the management agreement or of any contract
designated by the Department as confidential, proprietary, or
trade secret information in complete confidence pursuant to
subsection (g) of Section 7 of the Freedom of Information Act.
The Department shall also provide the Chief Procurement Officer
with reasonable advance written notice of any contract that is
pending Department approval.
    Notwithstanding any other provision of this Section to the
contrary, the Chief Procurement Officer shall adopt
administrative rules, including emergency rules, to establish
a procurement process to select a successor private manager if
a private management agreement has been terminated. The
selection process shall at a minimum take into account the
criteria set forth in items (1) through (4) of subsection (e)
of this Section and may include provisions consistent with
subsections (f), (g), (h), and (i) of this Section. The Chief
Procurement Officer shall also implement and administer the
adopted selection process upon the termination of a private
management agreement. The Department, after the Chief
Procurement Officer certifies that the procurement process has
been followed in accordance with the rules adopted under this
subsection (o), shall select a final offeror as the private
manager and sign the management agreement with the private
manager.
    Except as provided in Sections 21.5, 21.6, 21.7, 21.8,
21.9, and 21.10, and 21.11, 21.10 the Department shall
distribute all proceeds of lottery tickets and shares sold in
the following priority and manner:
        (1) The payment of prizes and retailer bonuses.
        (2) The payment of costs incurred in the operation and
    administration of the Lottery, including the payment of
    sums due to the private manager under the management
    agreement with the Department.
        (3) On the last day of each month or as soon thereafter
    as possible, the State Comptroller shall direct and the
    State Treasurer shall transfer from the State Lottery Fund
    to the Common School Fund an amount that is equal to the
    proceeds transferred in the corresponding month of fiscal
    year 2009, as adjusted for inflation, to the Common School
    Fund.
        (4) On or before September 30 of each fiscal year,
    deposit any estimated remaining proceeds from the prior
    fiscal year, subject to payments under items (1), (2), and
    (3), into the Capital Projects Fund. Beginning in fiscal
    year 2019, the amount deposited shall be increased or
    decreased each year by the amount the estimated payment
    differs from the amount determined from each year-end
    financial audit. Only remaining net deficits from prior
    fiscal years may reduce the requirement to deposit these
    funds, as determined by the annual financial audit.
    (p) The Department shall be subject to the following
reporting and information request requirements:
        (1) the Department shall submit written quarterly
    reports to the Governor and the General Assembly on the
    activities and actions of the private manager selected
    under this Section;
        (2) upon request of the Chief Procurement Officer, the
    Department shall promptly produce information related to
    the procurement activities of the Department and the
    private manager requested by the Chief Procurement
    Officer; the Chief Procurement Officer must retain
    confidential, proprietary, or trade secret information
    designated by the Department in complete confidence
    pursuant to subsection (g) of Section 7 of the Freedom of
    Information Act; and
        (3) at least 30 days prior to the beginning of the
    Department's fiscal year, the Department shall prepare an
    annual written report on the activities of the private
    manager selected under this Section and deliver that report
    to the Governor and General Assembly.
(Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17;
100-587, eff. 6-4-18; 100-647, eff. 7-30-18; 100-1068, eff.
8-24-18; revised 9-20-18.)
 
    (20 ILCS 1605/20)  (from Ch. 120, par. 1170)
    Sec. 20. State Lottery Fund.
    (a) There is created in the State Treasury a special fund
to be known as the "State Lottery Fund". Such fund shall
consist of all revenues received from (1) the sale of lottery
tickets or shares, (net of commissions, fees representing those
expenses that are directly proportionate to the sale of tickets
or shares at the agent location, and prizes of less than $600
which have been validly paid at the agent level), (2)
application fees, and (3) all other sources including moneys
credited or transferred thereto from any other fund or source
pursuant to law. Interest earnings of the State Lottery Fund
shall be credited to the Common School Fund.
    (b) The receipt and distribution of moneys under Section
21.5 of this Act shall be in accordance with Section 21.5.
    (c) The receipt and distribution of moneys under Section
21.6 of this Act shall be in accordance with Section 21.6.
    (d) The receipt and distribution of moneys under Section
21.7 of this Act shall be in accordance with Section 21.7.
    (e) The receipt and distribution of moneys under Section
21.8 of this Act shall be in accordance with Section 21.8.
    (f) The receipt and distribution of moneys under Section
21.9 of this Act shall be in accordance with Section 21.9.
    (g) The receipt and distribution of moneys under Section
21.10 of this Act shall be in accordance with Section 21.10.
    (h) (g) The receipt and distribution of moneys under
Section 21.11 21.10 of this Act shall be in accordance with
Section 21.11 21.10.
(Source: P.A. 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18;
revised 9-20-18.)
 
    (20 ILCS 1605/21.10)
    Sec. 21.10. Scratch-off for State police memorials.
    (a) The Department shall offer a special instant
scratch-off game for the benefit of State police memorials. The
game shall commence on January 1, 2019 or as soon thereafter,
at the discretion of the Director, as is reasonably practical.
The operation of the game shall be governed by this Act and any
rules adopted by the Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
    (b) The net revenue from the State police memorials
scratch-off game shall be deposited into the Criminal Justice
Information Projects Fund and distributed equally, as soon as
practical but at least on a monthly basis, to the Chicago
Police Memorial Foundation Fund, the Police Memorial Committee
Fund, and the Illinois State Police Memorial Park Fund. Moneys
transferred to the funds under this Section shall be used,
subject to appropriation, to fund grants for building and
maintaining memorials and parks; holding annual memorial
commemorations; giving scholarships to children of officers
killed or catastrophically injured in the line of duty, or
those interested in pursuing a career in law enforcement;
providing financial assistance to police officers and their
families when a police officer is killed or injured in the line
of duty; and providing financial assistance to officers for the
purchase or replacement of bulletproof bullet proof vests to be
used in the line of duty.
    For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual administrative
expenses of the Department solely related to the scratch-off
game under this Section.
    (c) During the time that tickets are sold for the State
police memorials scratch-off game, the Department shall not
unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
    (d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section.
(Source: P.A. 100-647, eff. 7-30-18; revised 9-17-18.)
 
    (20 ILCS 1605/21.11)
    Sec. 21.11 21.10. Scratch-off for homelessness prevention
programs.
    (a) The Department shall offer a special instant
scratch-off game to fund homelessness prevention programs. The
game shall commence on July 1, 2019 or as soon thereafter, at
the discretion of the Director, as is reasonably practical. The
operation of the game shall be governed by this Act and any
rules adopted by the Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
    (b) The Homelessness Prevention Revenue Fund is created as
a special fund in the State treasury. The net revenue from the
scratch-off game to fund homelessness prevention programs
shall be deposited into the Homelessness Prevention Revenue
Fund. Subject to appropriation, moneys in the Fund shall be
used by the Department of Human Services solely for grants to
homelessness prevention and assistance projects under the
Homelessness Prevention Act.
    As used in this subsection, "net revenue" means the total
amount for which tickets have been sold less the sum of the
amount paid out in the prizes and the actual administrative
expenses of the Department solely related to the scratch-off
game under this Section.
    (c) During the time that tickets are sold for the
scratch-off game to fund homelessness prevention programs, the
Department shall not unreasonably diminish the efforts devoted
to marketing any other instant scratch-off lottery game.
    (d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section.
    (e) Nothing in this Section shall be construed to affect
any revenue that any Homelessness Prevention line item receives
through the General Revenue Fund or the Illinois Affordable
Housing Trust Fund.
(Source: P.A. 100-1068, eff. 8-24-18; revised 9-17-18.)
 
    Section 145. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
4.4 as follows:
 
    (20 ILCS 1705/4.4)
    Sec. 4.4. Direct support person credential pilot program.
    (a) In this Section, "direct support person credential"
means a document issued to an individual by a recognized
accrediting body attesting that the individual has met the
professional requirements of the credentialing program by the
Division of Developmental Disabilities of the Department of
Human Services.
    (b) The Division shall initiate a program to continue to
gain the expertise and knowledge of the developmental
disabilities workforce and of the developmental disabilities
workforce recruitment and retention needs throughout the
developmental disabilities field. The Division shall implement
a direct support person credential pilot program to assist and
attract persons into the field of direct support, advance
direct support as a career, and professionalize the field to
promote workforce recruitment and retention efforts, advanced
skills and competencies, and further ensure the health, safety,
and well-being of persons being served.
    (c) The direct support person credential pilot program is
created within the Division to assist persons in the field of
developmental disabilities in obtaining obtain a credential in
their fields of expertise.
    (d) The pilot program shall be administered by the Division
for 3 years. The pilot program shall include providers,
licensed and certified by the Division or by the Department of
Public Health. The purpose of the pilot program is to assess
how the establishment of a State-accredited direct support
person credential:
        (1) promotes recruitment and retention efforts in the
    developmental disabilities field, notably the direct
    support person position;
        (2) enhances competence in the developmental
    disabilities field;
        (3) yields quality supports and services to persons
    with developmental disabilities; and
        (4) advances the health and safety requirements set
    forth by the State.
    (e) The Division, in administering the pilot program, shall
consider, but not be limited to, the following:
        (1) best practices learning initiatives, including the
    University of Minnesota's college of direct support and all
    Illinois Department of Human Services-approved direct
    support person competencies;
        (2) national direct support professional and person
    competencies or credentialing-based standards and
    trainings;
        (3) facilitating direct support person's portfolio
    development;
        (4) the role and value of skill mentors; and
        (5) creating a career ladder.
    (f) The Division shall produce a report detailing the
progress of the pilot program, including, but not limited to:
        (1) the rate of recruitment and retention for direct
    support persons of providers participating in the pilot
    program compared to the rate for non-participating
    providers;
        (2) the number of direct support persons credentialed;
    and
        (3) the enhancement of quality supports and services to
    persons with developmental disabilities.
(Source: P.A. 100-754, eff. 8-10-18; revised 9-25-18.)
 
    Section 150. The Military Code of Illinois is amended by
changing Section 21 as follows:
 
    (20 ILCS 1805/21)  (from Ch. 129, par. 220.21)
    Sec. 21. The Assistant Adjutant General for Army shall be
the chief administrative assistant to the Adjutant General for
Army matters and the Assistant Adjutant General for Air shall
be the chief administrative assistant to the Adjutant General
for Air matters and both shall perform such duties as may be
directed by the Adjutant General. In the event of the death or
disability of the Adjutant General or any other occurrence that
creates a vacancy in the office,, the Commander-in-Chief shall
designate either the Assistant Adjutant General for Army or the
Assistant Adjutant General for Air as the Acting Adjutant
General to perform the duties of the office until an Adjutant
General is appointed.
(Source: P.A. 100-1030, eff. 8-22-18; revised 10-2-18.)
 
    Section 155. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 as follows:
 
    (20 ILCS 2105/2105-15)
    Sec. 2105-15. General powers and duties.
    (a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
        (1) To authorize examinations in English to ascertain
    the qualifications and fitness of applicants to exercise
    the profession, trade, or occupation for which the
    examination is held.
        (2) To prescribe rules and regulations for a fair and
    wholly impartial method of examination of candidates to
    exercise the respective professions, trades, or
    occupations.
        (3) To pass upon the qualifications of applicants for
    licenses, certificates, and authorities, whether by
    examination, by reciprocity, or by endorsement.
        (4) To prescribe rules and regulations defining, for
    the respective professions, trades, and occupations, what
    shall constitute a school, college, or university, or
    department of a university, or other institution,
    reputable and in good standing, and to determine the
    reputability and good standing of a school, college, or
    university, or department of a university, or other
    institution, reputable and in good standing, by reference
    to a compliance with those rules and regulations; provided,
    that no school, college, or university, or department of a
    university, or other institution that refuses admittance
    to applicants solely on account of race, color, creed, sex,
    sexual orientation, or national origin shall be considered
    reputable and in good standing.
        (5) To conduct hearings on proceedings to revoke,
    suspend, refuse to renew, place on probationary status, or
    take other disciplinary action as authorized in any
    licensing Act administered by the Department with regard to
    licenses, certificates, or authorities of persons
    exercising the respective professions, trades, or
    occupations and to revoke, suspend, refuse to renew, place
    on probationary status, or take other disciplinary action
    as authorized in any licensing Act administered by the
    Department with regard to those licenses, certificates, or
    authorities.
        The Department shall issue a monthly disciplinary
    report.
        The Department shall refuse to issue or renew a license
    to, or shall suspend or revoke a license of, any person
    who, after receiving notice, fails to comply with a
    subpoena or warrant relating to a paternity or child
    support proceeding. However, the Department may issue a
    license or renewal upon compliance with the subpoena or
    warrant.
        The Department, without further process or hearings,
    shall revoke, suspend, or deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    a person who is certified by the Department of Healthcare
    and Family Services (formerly Illinois Department of
    Public Aid) as being more than 30 days delinquent in
    complying with a child support order or who is certified by
    a court as being in violation of the Non-Support Punishment
    Act for more than 60 days. The Department may, however,
    issue a license or renewal if the person has established a
    satisfactory repayment record as determined by the
    Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid) or if the person is
    determined by the court to be in compliance with the
    Non-Support Punishment Act. The Department may implement
    this paragraph as added by Public Act 89-6 through the use
    of emergency rules in accordance with Section 5-45 of the
    Illinois Administrative Procedure Act. For purposes of the
    Illinois Administrative Procedure Act, the adoption of
    rules to implement this paragraph shall be considered an
    emergency and necessary for the public interest, safety,
    and welfare.
        (6) To transfer jurisdiction of any realty under the
    control of the Department to any other department of the
    State Government or to acquire or accept federal lands when
    the transfer, acquisition, or acceptance is advantageous
    to the State and is approved in writing by the Governor.
        (7) To formulate rules and regulations necessary for
    the enforcement of any Act administered by the Department.
        (8) To exchange with the Department of Healthcare and
    Family Services information that may be necessary for the
    enforcement of child support orders entered pursuant to the
    Illinois Public Aid Code, the Illinois Marriage and
    Dissolution of Marriage Act, the Non-Support of Spouse and
    Children Act, the Non-Support Punishment Act, the Revised
    Uniform Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, the Illinois Parentage Act
    of 1984, or the Illinois Parentage Act of 2015.
    Notwithstanding any provisions in this Code to the
    contrary, the Department of Professional Regulation shall
    not be liable under any federal or State law to any person
    for any disclosure of information to the Department of
    Healthcare and Family Services (formerly Illinois
    Department of Public Aid) under this paragraph (8) or for
    any other action taken in good faith to comply with the
    requirements of this paragraph (8).
        (8.5) To accept continuing education credit for
    mandated reporter training on how to recognize and report
    child abuse offered by the Department of Children and
    Family Services and completed by any person who holds a
    professional license issued by the Department and who is a
    mandated reporter under the Abused and Neglected Child
    Reporting Act. The Department shall adopt any rules
    necessary to implement this paragraph.
        (9) To perform other duties prescribed by law.
    (a-5) Except in cases involving delinquency in complying
with a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
    (b) (Blank).
    (c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
    (d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
    (e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
    (f) (Blank).
    (f-5) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall allow an applicant to provide his or her
individual taxpayer identification number as an alternative to
providing a social security number when applying for a license.
    (g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
    In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall advise
the licensee that the suspension shall be effective 60 days
after the issuance of the Department's order unless the
Department receives, from the licensee, a request for a hearing
before the Department to dispute the matters contained in the
order.
    Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
    The Department may promulgate rules for the administration
of this subsection (g).
    (h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
    (i) The Department shall make available on its website
general information explaining how the Department utilizes
criminal history information in making licensure application
decisions, including a list of enumerated offenses that serve
as a statutory bar to licensure.
(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
100-262, eff. 8-22-17; 100-863, eff. 8-14-18; 100-872, eff.
8-14-18; 100-883, eff. 8-14-18; 100-1078, eff. 1-1-19; revised
10-18-18.)
 
    Section 160. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-307 and 2310-313 as follows:
 
    (20 ILCS 2310/2310-307)
    Sec. 2310-307. Concussion brochure. As used in this
Section, "concussion" and "interscholastic athletic activity"
have the meanings meaning ascribed to those terms under Section
22-80 of the School Code. The Department shall, subject to
appropriation, develop, publish, and disseminate a brochure to
educate the general public on the effects of concussions in
children and discuss how to look for concussion warning signs
in children, including, but not limited to, delays in the
learning development of children. The brochure shall be
distributed free of charge by schools to any child or the
parent or guardian of a child who may have sustained a
concussion, regardless of whether or not the concussion
occurred while the child was participating in an
interscholastic athletic activity.
(Source: P.A. 100-747, eff. 1-1-19; revised 9-27-18.)
 
    (20 ILCS 2310/2310-313)
    Sec. 2310-313. Sepsis Review Task Force.
    (a) The Sepsis Review Task Force is created. The Task Force
shall study sepsis early intervention and the prevention of
loss of life from sepsis. The Task Force's study shall include,
but not be limited to:
        (1) studying the Medical Patient Rights Act, reviewing
    how other states handle patients' rights, and determining
    how Illinois can improve patients' rights and prevent
    sepsis based on the approaches of the other states;
        (2) investigating specific advances in medical
    technology that could identify sepsis in blood tests;
        (3) studying medical record sharing that would enable
    physicians and patients to see results from blood work that
    was drawn at hospitals;
        (4) best practices and protocols for hospitals,
    long-term care facilities licensed under the Nursing Home
    Care Act, ID/DD facilities under the ID/DD Community Care
    Act, and group homes; and
        (5) developing develop best practices and protocols
    for emergency first responders in the field dealing with
    patients who potentially are in septic shock or others who
    are suffering from sepsis.
    (b) The Task Force shall consist of the following members,
appointed by the Director of Public Health:
        (1) one representative of a statewide association
    representing hospitals;
        (2) two representatives of a statewide organization
    representing physicians licensed to practice medicine in
    all its branches, one of whom shall represent hospitalists;
        (3) one representative of a statewide organization
    representing emergency physicians;
        (4) one representative of a statewide labor union
    representing nurses;
        (5) two representatives of statewide organizations
    representing long-term care facilities;
        (6) one representative of a statewide organization
    representing facilities licensed under the MC/DD Act or
    ID/DD Community Care Act;
        (7) the Chief of the Department's Division of Emergency
    Medical Services and Highway Safety or his or her designee;
        (8) one representative of an ambulance or emergency
    medical services association;
        (9) three representatives of a nationwide sepsis
    advocacy organization;
        (10) one representative of a medical research
    department at a public university; and
        (11) one representative of a statewide association
    representing medical information management professionals.
    Task Force members shall serve without compensation. If a
vacancy occurs in the Task Force membership, the vacancy shall
be filled in the same manner as the original appointment. The
Department of Public Health shall provide the Task Force with
administrative and other support.
(Source: P.A. 100-1100, eff. 8-26-18; revised 9-27-18.)
 
    Section 165. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
 
    (20 ILCS 2630/5.2)
    Sec. 5.2. Expungement, sealing, and immediate sealing.
    (a) General Provisions.
        (1) Definitions. In this Act, words and phrases have
    the meanings set forth in this subsection, except when a
    particular context clearly requires a different meaning.
            (A) The following terms shall have the meanings
        ascribed to them in the Unified Code of Corrections,
        730 ILCS 5/5-1-2 through 5/5-1-22:
                (i) Business Offense (730 ILCS 5/5-1-2),
                (ii) Charge (730 ILCS 5/5-1-3),
                (iii) Court (730 ILCS 5/5-1-6),
                (iv) Defendant (730 ILCS 5/5-1-7),
                (v) Felony (730 ILCS 5/5-1-9),
                (vi) Imprisonment (730 ILCS 5/5-1-10),
                (vii) Judgment (730 ILCS 5/5-1-12),
                (viii) Misdemeanor (730 ILCS 5/5-1-14),
                (ix) Offense (730 ILCS 5/5-1-15),
                (x) Parole (730 ILCS 5/5-1-16),
                (xi) Petty Offense (730 ILCS 5/5-1-17),
                (xii) Probation (730 ILCS 5/5-1-18),
                (xiii) Sentence (730 ILCS 5/5-1-19),
                (xiv) Supervision (730 ILCS 5/5-1-21), and
                (xv) Victim (730 ILCS 5/5-1-22).
            (B) As used in this Section, "charge not initiated
        by arrest" means a charge (as defined by 730 ILCS
        5/5-1-3) brought against a defendant where the
        defendant is not arrested prior to or as a direct
        result of the charge.
            (C) "Conviction" means a judgment of conviction or
        sentence entered upon a plea of guilty or upon a
        verdict or finding of guilty of an offense, rendered by
        a legally constituted jury or by a court of competent
        jurisdiction authorized to try the case without a jury.
        An order of supervision successfully completed by the
        petitioner is not a conviction. An order of qualified
        probation (as defined in subsection (a)(1)(J))
        successfully completed by the petitioner is not a
        conviction. An order of supervision or an order of
        qualified probation that is terminated
        unsatisfactorily is a conviction, unless the
        unsatisfactory termination is reversed, vacated, or
        modified and the judgment of conviction, if any, is
        reversed or vacated.
            (D) "Criminal offense" means a petty offense,
        business offense, misdemeanor, felony, or municipal
        ordinance violation (as defined in subsection
        (a)(1)(H)). As used in this Section, a minor traffic
        offense (as defined in subsection (a)(1)(G)) shall not
        be considered a criminal offense.
            (E) "Expunge" means to physically destroy the
        records or return them to the petitioner and to
        obliterate the petitioner's name from any official
        index or public record, or both. Nothing in this Act
        shall require the physical destruction of the circuit
        court file, but such records relating to arrests or
        charges, or both, ordered expunged shall be impounded
        as required by subsections (d)(9)(A)(ii) and
        (d)(9)(B)(ii).
            (F) As used in this Section, "last sentence" means
        the sentence, order of supervision, or order of
        qualified probation (as defined by subsection
        (a)(1)(J)), for a criminal offense (as defined by
        subsection (a)(1)(D)) that terminates last in time in
        any jurisdiction, regardless of whether the petitioner
        has included the criminal offense for which the
        sentence or order of supervision or qualified
        probation was imposed in his or her petition. If
        multiple sentences, orders of supervision, or orders
        of qualified probation terminate on the same day and
        are last in time, they shall be collectively considered
        the "last sentence" regardless of whether they were
        ordered to run concurrently.
            (G) "Minor traffic offense" means a petty offense,
        business offense, or Class C misdemeanor under the
        Illinois Vehicle Code or a similar provision of a
        municipal or local ordinance.
            (H) "Municipal ordinance violation" means an
        offense defined by a municipal or local ordinance that
        is criminal in nature and with which the petitioner was
        charged or for which the petitioner was arrested and
        released without charging.
            (I) "Petitioner" means an adult or a minor
        prosecuted as an adult who has applied for relief under
        this Section.
            (J) "Qualified probation" means an order of
        probation under Section 10 of the Cannabis Control Act,
        Section 410 of the Illinois Controlled Substances Act,
        Section 70 of the Methamphetamine Control and
        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
        of the Unified Code of Corrections, Section
        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
        those provisions existed before their deletion by
        Public Act 89-313), Section 10-102 of the Illinois
        Alcoholism and Other Drug Dependency Act, Section
        40-10 of the Substance Use Disorder Act, or Section 10
        of the Steroid Control Act. For the purpose of this
        Section, "successful completion" of an order of
        qualified probation under Section 10-102 of the
        Illinois Alcoholism and Other Drug Dependency Act and
        Section 40-10 of the Substance Use Disorder Act means
        that the probation was terminated satisfactorily and
        the judgment of conviction was vacated.
            (K) "Seal" means to physically and electronically
        maintain the records, unless the records would
        otherwise be destroyed due to age, but to make the
        records unavailable without a court order, subject to
        the exceptions in Sections 12 and 13 of this Act. The
        petitioner's name shall also be obliterated from the
        official index required to be kept by the circuit court
        clerk under Section 16 of the Clerks of Courts Act, but
        any index issued by the circuit court clerk before the
        entry of the order to seal shall not be affected.
            (L) "Sexual offense committed against a minor"
        includes but is not limited to the offenses of indecent
        solicitation of a child or criminal sexual abuse when
        the victim of such offense is under 18 years of age.
            (M) "Terminate" as it relates to a sentence or
        order of supervision or qualified probation includes
        either satisfactory or unsatisfactory termination of
        the sentence, unless otherwise specified in this
        Section. A sentence is terminated notwithstanding any
        outstanding financial legal obligation.
        (2) Minor Traffic Offenses. Orders of supervision or
    convictions for minor traffic offenses shall not affect a
    petitioner's eligibility to expunge or seal records
    pursuant to this Section.
        (2.5) Commencing 180 days after July 29, 2016 (the
    effective date of Public Act 99-697), the law enforcement
    agency issuing the citation shall automatically expunge,
    on or before January 1 and July 1 of each year, the law
    enforcement records of a person found to have committed a
    civil law violation of subsection (a) of Section 4 of the
    Cannabis Control Act or subsection (c) of Section 3.5 of
    the Drug Paraphernalia Control Act in the law enforcement
    agency's possession or control and which contains the final
    satisfactory disposition which pertain to the person
    issued a citation for that offense. The law enforcement
    agency shall provide by rule the process for access,
    review, and to confirm the automatic expungement by the law
    enforcement agency issuing the citation. Commencing 180
    days after July 29, 2016 (the effective date of Public Act
    99-697), the clerk of the circuit court shall expunge, upon
    order of the court, or in the absence of a court order on
    or before January 1 and July 1 of each year, the court
    records of a person found in the circuit court to have
    committed a civil law violation of subsection (a) of
    Section 4 of the Cannabis Control Act or subsection (c) of
    Section 3.5 of the Drug Paraphernalia Control Act in the
    clerk's possession or control and which contains the final
    satisfactory disposition which pertain to the person
    issued a citation for any of those offenses.
        (3) Exclusions. Except as otherwise provided in
    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
    of this Section, the court shall not order:
            (A) the sealing or expungement of the records of
        arrests or charges not initiated by arrest that result
        in an order of supervision for or conviction of: (i)
        any sexual offense committed against a minor; (ii)
        Section 11-501 of the Illinois Vehicle Code or a
        similar provision of a local ordinance; or (iii)
        Section 11-503 of the Illinois Vehicle Code or a
        similar provision of a local ordinance, unless the
        arrest or charge is for a misdemeanor violation of
        subsection (a) of Section 11-503 or a similar provision
        of a local ordinance, that occurred prior to the
        offender reaching the age of 25 years and the offender
        has no other conviction for violating Section 11-501 or
        11-503 of the Illinois Vehicle Code or a similar
        provision of a local ordinance.
            (B) the sealing or expungement of records of minor
        traffic offenses (as defined in subsection (a)(1)(G)),
        unless the petitioner was arrested and released
        without charging.
            (C) the sealing of the records of arrests or
        charges not initiated by arrest which result in an
        order of supervision or a conviction for the following
        offenses:
                (i) offenses included in Article 11 of the
            Criminal Code of 1961 or the Criminal Code of 2012
            or a similar provision of a local ordinance, except
            Section 11-14 and a misdemeanor violation of
            Section 11-30 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
            26-5, or 48-1 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (iii) Sections 12-3.1 or 12-3.2 of the
            Criminal Code of 1961 or the Criminal Code of 2012,
            or Section 125 of the Stalking No Contact Order
            Act, or Section 219 of the Civil No Contact Order
            Act, or a similar provision of a local ordinance;
                (iv) Class A misdemeanors or felony offenses
            under the Humane Care for Animals Act; or
                (v) any offense or attempted offense that
            would subject a person to registration under the
            Sex Offender Registration Act.
            (D) (blank).
    (b) Expungement.
        (1) A petitioner may petition the circuit court to
    expunge the records of his or her arrests and charges not
    initiated by arrest when each arrest or charge not
    initiated by arrest sought to be expunged resulted in: (i)
    acquittal, dismissal, or the petitioner's release without
    charging, unless excluded by subsection (a)(3)(B); (ii) a
    conviction which was vacated or reversed, unless excluded
    by subsection (a)(3)(B); (iii) an order of supervision and
    such supervision was successfully completed by the
    petitioner, unless excluded by subsection (a)(3)(A) or
    (a)(3)(B); or (iv) an order of qualified probation (as
    defined in subsection (a)(1)(J)) and such probation was
    successfully completed by the petitioner.
        (1.5) When a petitioner seeks to have a record of
    arrest expunged under this Section, and the offender has
    been convicted of a criminal offense, the State's Attorney
    may object to the expungement on the grounds that the
    records contain specific relevant information aside from
    the mere fact of the arrest.
        (2) Time frame for filing a petition to expunge.
            (A) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an acquittal,
        dismissal, the petitioner's release without charging,
        or the reversal or vacation of a conviction, there is
        no waiting period to petition for the expungement of
        such records.
            (B) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        supervision, successfully completed by the petitioner,
        the following time frames will apply:
                (i) Those arrests or charges that resulted in
            orders of supervision under Section 3-707, 3-708,
            3-710, or 5-401.3 of the Illinois Vehicle Code or a
            similar provision of a local ordinance, or under
            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
            Code of 1961 or the Criminal Code of 2012, or a
            similar provision of a local ordinance, shall not
            be eligible for expungement until 5 years have
            passed following the satisfactory termination of
            the supervision.
                (i-5) Those arrests or charges that resulted
            in orders of supervision for a misdemeanor
            violation of subsection (a) of Section 11-503 of
            the Illinois Vehicle Code or a similar provision of
            a local ordinance, that occurred prior to the
            offender reaching the age of 25 years and the
            offender has no other conviction for violating
            Section 11-501 or 11-503 of the Illinois Vehicle
            Code or a similar provision of a local ordinance
            shall not be eligible for expungement until the
            petitioner has reached the age of 25 years.
                (ii) Those arrests or charges that resulted in
            orders of supervision for any other offenses shall
            not be eligible for expungement until 2 years have
            passed following the satisfactory termination of
            the supervision.
            (C) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        qualified probation, successfully completed by the
        petitioner, such records shall not be eligible for
        expungement until 5 years have passed following the
        satisfactory termination of the probation.
        (3) Those records maintained by the Department for
    persons arrested prior to their 17th birthday shall be
    expunged as provided in Section 5-915 of the Juvenile Court
    Act of 1987.
        (4) Whenever a person has been arrested for or
    convicted of any offense, in the name of a person whose
    identity he or she has stolen or otherwise come into
    possession of, the aggrieved person from whom the identity
    was stolen or otherwise obtained without authorization,
    upon learning of the person having been arrested using his
    or her identity, may, upon verified petition to the chief
    judge of the circuit wherein the arrest was made, have a
    court order entered nunc pro tunc by the Chief Judge to
    correct the arrest record, conviction record, if any, and
    all official records of the arresting authority, the
    Department, other criminal justice agencies, the
    prosecutor, and the trial court concerning such arrest, if
    any, by removing his or her name from all such records in
    connection with the arrest and conviction, if any, and by
    inserting in the records the name of the offender, if known
    or ascertainable, in lieu of the aggrieved's name. The
    records of the circuit court clerk shall be sealed until
    further order of the court upon good cause shown and the
    name of the aggrieved person obliterated on the official
    index required to be kept by the circuit court clerk under
    Section 16 of the Clerks of Courts Act, but the order shall
    not affect any index issued by the circuit court clerk
    before the entry of the order. Nothing in this Section
    shall limit the Department of State Police or other
    criminal justice agencies or prosecutors from listing
    under an offender's name the false names he or she has
    used.
        (5) Whenever a person has been convicted of criminal
    sexual assault, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, criminal
    sexual abuse, or aggravated criminal sexual abuse, the
    victim of that offense may request that the State's
    Attorney of the county in which the conviction occurred
    file a verified petition with the presiding trial judge at
    the petitioner's trial to have a court order entered to
    seal the records of the circuit court clerk in connection
    with the proceedings of the trial court concerning that
    offense. However, the records of the arresting authority
    and the Department of State Police concerning the offense
    shall not be sealed. The court, upon good cause shown,
    shall make the records of the circuit court clerk in
    connection with the proceedings of the trial court
    concerning the offense available for public inspection.
        (6) If a conviction has been set aside on direct review
    or on collateral attack and the court determines by clear
    and convincing evidence that the petitioner was factually
    innocent of the charge, the court that finds the petitioner
    factually innocent of the charge shall enter an expungement
    order for the conviction for which the petitioner has been
    determined to be innocent as provided in subsection (b) of
    Section 5-5-4 of the Unified Code of Corrections.
        (7) Nothing in this Section shall prevent the
    Department of State Police from maintaining all records of
    any person who is admitted to probation upon terms and
    conditions and who fulfills those terms and conditions
    pursuant to Section 10 of the Cannabis Control Act, Section
    410 of the Illinois Controlled Substances Act, Section 70
    of the Methamphetamine Control and Community Protection
    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
    Corrections, Section 12-4.3 or subdivision (b)(1) of
    Section 12-3.05 of the Criminal Code of 1961 or the
    Criminal Code of 2012, Section 10-102 of the Illinois
    Alcoholism and Other Drug Dependency Act, Section 40-10 of
    the Substance Use Disorder Act, or Section 10 of the
    Steroid Control Act.
        (8) If the petitioner has been granted a certificate of
    innocence under Section 2-702 of the Code of Civil
    Procedure, the court that grants the certificate of
    innocence shall also enter an order expunging the
    conviction for which the petitioner has been determined to
    be innocent as provided in subsection (h) of Section 2-702
    of the Code of Civil Procedure.
    (c) Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement of criminal records, this subsection
    authorizes the sealing of criminal records of adults and of
    minors prosecuted as adults. Subsection (g) of this Section
    provides for immediate sealing of certain records.
        (2) Eligible Records. The following records may be
    sealed:
            (A) All arrests resulting in release without
        charging;
            (B) Arrests or charges not initiated by arrest
        resulting in acquittal, dismissal, or conviction when
        the conviction was reversed or vacated, except as
        excluded by subsection (a)(3)(B);
            (C) Arrests or charges not initiated by arrest
        resulting in orders of supervision, including orders
        of supervision for municipal ordinance violations,
        successfully completed by the petitioner, unless
        excluded by subsection (a)(3);
            (D) Arrests or charges not initiated by arrest
        resulting in convictions, including convictions on
        municipal ordinance violations, unless excluded by
        subsection (a)(3);
            (E) Arrests or charges not initiated by arrest
        resulting in orders of first offender probation under
        Section 10 of the Cannabis Control Act, Section 410 of
        the Illinois Controlled Substances Act, Section 70 of
        the Methamphetamine Control and Community Protection
        Act, or Section 5-6-3.3 of the Unified Code of
        Corrections; and
            (F) Arrests or charges not initiated by arrest
        resulting in felony convictions unless otherwise
        excluded by subsection (a) paragraph (3) of this
        Section.
        (3) When Records Are Eligible to Be Sealed. Records
    identified as eligible under subsection (c)(2) may be
    sealed as follows:
            (A) Records identified as eligible under
        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
        time.
            (B) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsection (c)(2)(C) may be sealed 2
        years after the termination of petitioner's last
        sentence (as defined in subsection (a)(1)(F)).
            (C) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsections (c)(2)(D), (c)(2)(E), and
        (c)(2)(F) may be sealed 3 years after the termination
        of the petitioner's last sentence (as defined in
        subsection (a)(1)(F)). Convictions requiring public
        registration under the Arsonist Registration Act, the
        Sex Offender Registration Act, or the Murderer and
        Violent Offender Against Youth Registration Act may
        not be sealed until the petitioner is no longer
        required to register under that relevant Act.
            (D) Records identified in subsection
        (a)(3)(A)(iii) may be sealed after the petitioner has
        reached the age of 25 years.
            (E) Records identified as eligible under
        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
        (c)(2)(F) may be sealed upon termination of the
        petitioner's last sentence if the petitioner earned a
        high school diploma, associate's degree, career
        certificate, vocational technical certification, or
        bachelor's degree, or passed the high school level Test
        of General Educational Development, during the period
        of his or her sentence, aftercare release, or mandatory
        supervised release. This subparagraph shall apply only
        to a petitioner who has not completed the same
        educational goal prior to the period of his or her
        sentence, aftercare release, or mandatory supervised
        release. If a petition for sealing eligible records
        filed under this subparagraph is denied by the court,
        the time periods under subparagraph (B) or (C) shall
        apply to any subsequent petition for sealing filed by
        the petitioner.
        (4) Subsequent felony convictions. A person may not
    have subsequent felony conviction records sealed as
    provided in this subsection (c) if he or she is convicted
    of any felony offense after the date of the sealing of
    prior felony convictions as provided in this subsection
    (c). The court may, upon conviction for a subsequent felony
    offense, order the unsealing of prior felony conviction
    records previously ordered sealed by the court.
        (5) Notice of eligibility for sealing. Upon entry of a
    disposition for an eligible record under this subsection
    (c), the petitioner shall be informed by the court of the
    right to have the records sealed and the procedures for the
    sealing of the records.
    (d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
        (1) Filing the petition. Upon becoming eligible to
    petition for the expungement or sealing of records under
    this Section, the petitioner shall file a petition
    requesting the expungement or sealing of records with the
    clerk of the court where the arrests occurred or the
    charges were brought, or both. If arrests occurred or
    charges were brought in multiple jurisdictions, a petition
    must be filed in each such jurisdiction. The petitioner
    shall pay the applicable fee, except no fee shall be
    required if the petitioner has obtained a court order
    waiving fees under Supreme Court Rule 298 or it is
    otherwise waived.
        (1.5) County fee waiver pilot program. In a county of
    3,000,000 or more inhabitants, no fee shall be required to
    be paid by a petitioner if the records sought to be
    expunged or sealed were arrests resulting in release
    without charging or arrests or charges not initiated by
    arrest resulting in acquittal, dismissal, or conviction
    when the conviction was reversed or vacated, unless
    excluded by subsection (a)(3)(B). The provisions of this
    paragraph (1.5), other than this sentence, are inoperative
    on and after January 1, 2019.
        (2) Contents of petition. The petition shall be
    verified and shall contain the petitioner's name, date of
    birth, current address and, for each arrest or charge not
    initiated by arrest sought to be sealed or expunged, the
    case number, the date of arrest (if any), the identity of
    the arresting authority, and such other information as the
    court may require. During the pendency of the proceeding,
    the petitioner shall promptly notify the circuit court
    clerk of any change of his or her address. If the
    petitioner has received a certificate of eligibility for
    sealing from the Prisoner Review Board under paragraph (10)
    of subsection (a) of Section 3-3-2 of the Unified Code of
    Corrections, the certificate shall be attached to the
    petition.
        (3) Drug test. The petitioner must attach to the
    petition proof that the petitioner has passed a test taken
    within 30 days before the filing of the petition showing
    the absence within his or her body of all illegal
    substances as defined by the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, and the Cannabis Control Act if he or she
    is petitioning to:
            (A) seal felony records under clause (c)(2)(E);
            (B) seal felony records for a violation of the
        Illinois Controlled Substances Act, the
        Methamphetamine Control and Community Protection Act,
        or the Cannabis Control Act under clause (c)(2)(F);
            (C) seal felony records under subsection (e-5); or
            (D) expunge felony records of a qualified
        probation under clause (b)(1)(iv).
        (4) Service of petition. The circuit court clerk shall
    promptly serve a copy of the petition and documentation to
    support the petition under subsection (e-5) or (e-6) on the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, the Department of State Police,
    the arresting agency and the chief legal officer of the
    unit of local government effecting the arrest.
        (5) Objections.
            (A) Any party entitled to notice of the petition
        may file an objection to the petition. All objections
        shall be in writing, shall be filed with the circuit
        court clerk, and shall state with specificity the basis
        of the objection. Whenever a person who has been
        convicted of an offense is granted a pardon by the
        Governor which specifically authorizes expungement, an
        objection to the petition may not be filed.
            (B) Objections to a petition to expunge or seal
        must be filed within 60 days of the date of service of
        the petition.
        (6) Entry of order.
            (A) The Chief Judge of the circuit wherein the
        charge was brought, any judge of that circuit
        designated by the Chief Judge, or in counties of less
        than 3,000,000 inhabitants, the presiding trial judge
        at the petitioner's trial, if any, shall rule on the
        petition to expunge or seal as set forth in this
        subsection (d)(6).
            (B) Unless the State's Attorney or prosecutor, the
        Department of State Police, the arresting agency, or
        the chief legal officer files an objection to the
        petition to expunge or seal within 60 days from the
        date of service of the petition, the court shall enter
        an order granting or denying the petition.
            (C) Notwithstanding any other provision of law,
        the court shall not deny a petition for sealing under
        this Section because the petitioner has not satisfied
        an outstanding legal financial obligation established,
        imposed, or originated by a court, law enforcement
        agency, or a municipal, State, county, or other unit of
        local government, including, but not limited to, any
        cost, assessment, fine, or fee. An outstanding legal
        financial obligation does not include any court
        ordered restitution to a victim under Section 5-5-6 of
        the Unified Code of Corrections, unless the
        restitution has been converted to a civil judgment.
        Nothing in this subparagraph (C) waives, rescinds, or
        abrogates a legal financial obligation or otherwise
        eliminates or affects the right of the holder of any
        financial obligation to pursue collection under
        applicable federal, State, or local law.
        (7) Hearings. If an objection is filed, the court shall
    set a date for a hearing and notify the petitioner and all
    parties entitled to notice of the petition of the hearing
    date at least 30 days prior to the hearing. Prior to the
    hearing, the State's Attorney shall consult with the
    Department as to the appropriateness of the relief sought
    in the petition to expunge or seal. At the hearing, the
    court shall hear evidence on whether the petition should or
    should not be granted, and shall grant or deny the petition
    to expunge or seal the records based on the evidence
    presented at the hearing. The court may consider the
    following:
            (A) the strength of the evidence supporting the
        defendant's conviction;
            (B) the reasons for retention of the conviction
        records by the State;
            (C) the petitioner's age, criminal record history,
        and employment history;
            (D) the period of time between the petitioner's
        arrest on the charge resulting in the conviction and
        the filing of the petition under this Section; and
            (E) the specific adverse consequences the
        petitioner may be subject to if the petition is denied.
        (8) Service of order. After entering an order to
    expunge or seal records, the court must provide copies of
    the order to the Department, in a form and manner
    prescribed by the Department, to the petitioner, to the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, to the arresting agency, to the
    chief legal officer of the unit of local government
    effecting the arrest, and to such other criminal justice
    agencies as may be ordered by the court.
        (9) Implementation of order.
            (A) Upon entry of an order to expunge records
        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency,
            the Department, and any other agency as ordered by
            the court, within 60 days of the date of service of
            the order, unless a motion to vacate, modify, or
            reconsider the order is filed pursuant to
            paragraph (12) of subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
            and
                (iii) in response to an inquiry for expunged
            records, the court, the Department, or the agency
            receiving such inquiry, shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B) Upon entry of an order to expunge records
        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed pursuant to paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            pursuant to paragraph (12) of subsection (d) of
            this Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for such records
            from anyone not authorized by law to access such
            records, the court, the Department, or the agency
            receiving such inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B-5) Upon entry of an order to expunge records
        under subsection (e-6):
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed under paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            under paragraph (12) of subsection (d) of this
            Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for these records
            from anyone not authorized by law to access the
            records, the court, the Department, or the agency
            receiving the inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (C) Upon entry of an order to seal records under
        subsection (c), the arresting agency, any other agency
        as ordered by the court, the Department, and the court
        shall seal the records (as defined in subsection
        (a)(1)(K)). In response to an inquiry for such records,
        from anyone not authorized by law to access such
        records, the court, the Department, or the agency
        receiving such inquiry shall reply as it does in
        response to inquiries when no records ever existed.
            (D) The Department shall send written notice to the
        petitioner of its compliance with each order to expunge
        or seal records within 60 days of the date of service
        of that order or, if a motion to vacate, modify, or
        reconsider is filed, within 60 days of service of the
        order resolving the motion, if that order requires the
        Department to expunge or seal records. In the event of
        an appeal from the circuit court order, the Department
        shall send written notice to the petitioner of its
        compliance with an Appellate Court or Supreme Court
        judgment to expunge or seal records within 60 days of
        the issuance of the court's mandate. The notice is not
        required while any motion to vacate, modify, or
        reconsider, or any appeal or petition for
        discretionary appellate review, is pending.
            (E) Upon motion, the court may order that a sealed
        judgment or other court record necessary to
        demonstrate the amount of any legal financial
        obligation due and owing be made available for the
        limited purpose of collecting any legal financial
        obligations owed by the petitioner that were
        established, imposed, or originated in the criminal
        proceeding for which those records have been sealed.
        The records made available under this subparagraph (E)
        shall not be entered into the official index required
        to be kept by the circuit court clerk under Section 16
        of the Clerks of Courts Act and shall be immediately
        re-impounded upon the collection of the outstanding
        financial obligations.
            (F) Notwithstanding any other provision of this
        Section, a circuit court clerk may access a sealed
        record for the limited purpose of collecting payment
        for any legal financial obligations that were
        established, imposed, or originated in the criminal
        proceedings for which those records have been sealed.
        (10) Fees. The Department may charge the petitioner a
    fee equivalent to the cost of processing any order to
    expunge or seal records. Notwithstanding any provision of
    the Clerks of Courts Act to the contrary, the circuit court
    clerk may charge a fee equivalent to the cost associated
    with the sealing or expungement of records by the circuit
    court clerk. From the total filing fee collected for the
    petition to seal or expunge, the circuit court clerk shall
    deposit $10 into the Circuit Court Clerk Operation and
    Administrative Fund, to be used to offset the costs
    incurred by the circuit court clerk in performing the
    additional duties required to serve the petition to seal or
    expunge on all parties. The circuit court clerk shall
    collect and forward the Department of State Police portion
    of the fee to the Department and it shall be deposited in
    the State Police Services Fund. If the record brought under
    an expungement petition was previously sealed under this
    Section, the fee for the expungement petition for that same
    record shall be waived.
        (11) Final Order. No court order issued under the
    expungement or sealing provisions of this Section shall
    become final for purposes of appeal until 30 days after
    service of the order on the petitioner and all parties
    entitled to notice of the petition.
        (12) Motion to Vacate, Modify, or Reconsider. Under
    Section 2-1203 of the Code of Civil Procedure, the
    petitioner or any party entitled to notice may file a
    motion to vacate, modify, or reconsider the order granting
    or denying the petition to expunge or seal within 60 days
    of service of the order. If filed more than 60 days after
    service of the order, a petition to vacate, modify, or
    reconsider shall comply with subsection (c) of Section
    2-1401 of the Code of Civil Procedure. Upon filing of a
    motion to vacate, modify, or reconsider, notice of the
    motion shall be served upon the petitioner and all parties
    entitled to notice of the petition.
        (13) Effect of Order. An order granting a petition
    under the expungement or sealing provisions of this Section
    shall not be considered void because it fails to comply
    with the provisions of this Section or because of any error
    asserted in a motion to vacate, modify, or reconsider. The
    circuit court retains jurisdiction to determine whether
    the order is voidable and to vacate, modify, or reconsider
    its terms based on a motion filed under paragraph (12) of
    this subsection (d).
        (14) Compliance with Order Granting Petition to Seal
    Records. Unless a court has entered a stay of an order
    granting a petition to seal, all parties entitled to notice
    of the petition must fully comply with the terms of the
    order within 60 days of service of the order even if a
    party is seeking relief from the order through a motion
    filed under paragraph (12) of this subsection (d) or is
    appealing the order.
        (15) Compliance with Order Granting Petition to
    Expunge Records. While a party is seeking relief from the
    order granting the petition to expunge through a motion
    filed under paragraph (12) of this subsection (d) or is
    appealing the order, and unless a court has entered a stay
    of that order, the parties entitled to notice of the
    petition must seal, but need not expunge, the records until
    there is a final order on the motion for relief or, in the
    case of an appeal, the issuance of that court's mandate.
        (16) The changes to this subsection (d) made by Public
    Act 98-163 apply to all petitions pending on August 5, 2013
    (the effective date of Public Act 98-163) and to all orders
    ruling on a petition to expunge or seal on or after August
    5, 2013 (the effective date of Public Act 98-163).
    (e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
    (e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
    (e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
    (f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
    (g) Immediate Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement or sealing of criminal records, this
    subsection authorizes the immediate sealing of criminal
    records of adults and of minors prosecuted as adults.
        (2) Eligible Records. Arrests or charges not initiated
    by arrest resulting in acquittal or dismissal with
    prejudice, except as excluded by subsection (a)(3)(B),
    that occur on or after January 1, 2018 (the effective date
    of Public Act 100-282), may be sealed immediately if the
    petition is filed with the circuit court clerk on the same
    day and during the same hearing in which the case is
    disposed.
        (3) When Records are Eligible to be Immediately Sealed.
    Eligible records under paragraph (2) of this subsection (g)
    may be sealed immediately after entry of the final
    disposition of a case, notwithstanding the disposition of
    other charges in the same case.
        (4) Notice of Eligibility for Immediate Sealing. Upon
    entry of a disposition for an eligible record under this
    subsection (g), the defendant shall be informed by the
    court of his or her right to have eligible records
    immediately sealed and the procedure for the immediate
    sealing of these records.
        (5) Procedure. The following procedures apply to
    immediate sealing under this subsection (g).
            (A) Filing the Petition. Upon entry of the final
        disposition of the case, the defendant's attorney may
        immediately petition the court, on behalf of the
        defendant, for immediate sealing of eligible records
        under paragraph (2) of this subsection (g) that are
        entered on or after January 1, 2018 (the effective date
        of Public Act 100-282). The immediate sealing petition
        may be filed with the circuit court clerk during the
        hearing in which the final disposition of the case is
        entered. If the defendant's attorney does not file the
        petition for immediate sealing during the hearing, the
        defendant may file a petition for sealing at any time
        as authorized under subsection (c)(3)(A).
            (B) Contents of Petition. The immediate sealing
        petition shall be verified and shall contain the
        petitioner's name, date of birth, current address, and
        for each eligible record, the case number, the date of
        arrest if applicable, the identity of the arresting
        authority if applicable, and other information as the
        court may require.
            (C) Drug Test. The petitioner shall not be required
        to attach proof that he or she has passed a drug test.
            (D) Service of Petition. A copy of the petition
        shall be served on the State's Attorney in open court.
        The petitioner shall not be required to serve a copy of
        the petition on any other agency.
            (E) Entry of Order. The presiding trial judge shall
        enter an order granting or denying the petition for
        immediate sealing during the hearing in which it is
        filed. Petitions for immediate sealing shall be ruled
        on in the same hearing in which the final disposition
        of the case is entered.
            (F) Hearings. The court shall hear the petition for
        immediate sealing on the same day and during the same
        hearing in which the disposition is rendered.
            (G) Service of Order. An order to immediately seal
        eligible records shall be served in conformance with
        subsection (d)(8).
            (H) Implementation of Order. An order to
        immediately seal records shall be implemented in
        conformance with subsections (d)(9)(C) and (d)(9)(D).
            (I) Fees. The fee imposed by the circuit court
        clerk and the Department of State Police shall comply
        with paragraph (1) of subsection (d) of this Section.
            (J) Final Order. No court order issued under this
        subsection (g) shall become final for purposes of
        appeal until 30 days after service of the order on the
        petitioner and all parties entitled to service of the
        order in conformance with subsection (d)(8).
            (K) Motion to Vacate, Modify, or Reconsider. Under
        Section 2-1203 of the Code of Civil Procedure, the
        petitioner, State's Attorney, or the Department of
        State Police may file a motion to vacate, modify, or
        reconsider the order denying the petition to
        immediately seal within 60 days of service of the
        order. If filed more than 60 days after service of the
        order, a petition to vacate, modify, or reconsider
        shall comply with subsection (c) of Section 2-1401 of
        the Code of Civil Procedure.
            (L) Effect of Order. An order granting an immediate
        sealing petition shall not be considered void because
        it fails to comply with the provisions of this Section
        or because of an error asserted in a motion to vacate,
        modify, or reconsider. The circuit court retains
        jurisdiction to determine whether the order is
        voidable, and to vacate, modify, or reconsider its
        terms based on a motion filed under subparagraph (L) of
        this subsection (g).
            (M) Compliance with Order Granting Petition to
        Seal Records. Unless a court has entered a stay of an
        order granting a petition to immediately seal, all
        parties entitled to service of the order must fully
        comply with the terms of the order within 60 days of
        service of the order.
    (h) Sealing; trafficking victims.
        (1) A trafficking victim as defined by paragraph (10)
    of subsection (a) of Section 10-9 of the Criminal Code of
    2012 shall be eligible to petition for immediate sealing of
    his or her criminal record upon the completion of his or
    her last sentence if his or her participation in the
    underlying offense was a direct result of human trafficking
    under Section 10-9 of the Criminal Code of 2012 or a severe
    form of trafficking under the federal Trafficking Victims
    Protection Act.
        (2) A petitioner under this subsection (h), in addition
    to the requirements provided under paragraph (4) of
    subsection (d) of this Section, shall include in his or her
    petition a clear and concise statement that: (A) he or she
    was a victim of human trafficking at the time of the
    offense; and (B) that his or her participation in the
    offense was a direct result of human trafficking under
    Section 10-9 of the Criminal Code of 2012 or a severe form
    of trafficking under the federal Trafficking Victims
    Protection Act.
        (3) If an objection is filed alleging that the
    petitioner is not entitled to immediate sealing under this
    subsection (h), the court shall conduct a hearing under
    paragraph (7) of subsection (d) of this Section and the
    court shall determine whether the petitioner is entitled to
    immediate sealing under this subsection (h). A petitioner
    is eligible for immediate relief under this subsection (h)
    if he or she shows, by a preponderance of the evidence,
    that: (A) he or she was a victim of human trafficking at
    the time of the offense; and (B) that his or her
    participation in the offense was a direct result of human
    trafficking under Section 10-9 of the Criminal Code of 2012
    or a severe form of trafficking under the federal
    Trafficking Victims Protection Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692,
eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18;
100-863, eff. 8-14-18; revised 8-30-18.)
 
    Section 170. The State Fire Marshal Act is amended by
changing Section 2.5 as follows:
 
    (20 ILCS 2905/2.5)
    Sec. 2.5. Equipment exchange program.
    (a) The Office shall create and maintain an equipment
exchange program under which fire departments, fire protection
districts, and township fire departments can donate or sell
equipment to, trade equipment with, or buy equipment from each
other.
    (b) Under this program, the Office, in consultation with
the Department of Innovation and Technology, shall maintain a
website that allows fire departments, fire protection
districts, and township fire departments to post information
and photographs about needed equipment and equipment that is
available for trade, donation, or sale. This website must be
separate from, and not a part of, the Office's main website;
however, the Office must post a hyperlink on its main website
that points to the website established under this subsection
(b).
    (c) The Office or a fire department, fire protection
district, or township fire department that donates, trades, or
sells fire protection equipment to another fire department,
fire protection district, or township fire department under
this Section is not liable for any damage or injury caused by
the donated, traded, or sold fire protection equipment, except
for damage or injury caused by its willful and wanton
misconduct, if it discloses in writing to the recipient at the
time of the donation, trade, or sale any known damage to or
deficiencies in the equipment.
    This Section does not relieve any fire department, fire
protection district, or township fire department from
liability, unless otherwise provided by law, for any damage or
injury caused by donated, traded, or sold fire protection
equipment that was received through the equipment exchange
program.
    (d) The Office must promote the program to encourage the
efficient exchange of equipment among local government
entities.
    (e) The Office must implement the changes to the equipment
exchange program required under Public Act 94-175 this
amendatory Act of the 94th General Assembly no later than July
1, 2006.
(Source: P.A. 100-611, eff. 7-20-18; revised 9-27-18.)
 
    Section 175. The Historic Preservation Act is amended by
changing Sections 3.1 and 4.5 and by adding Section 28 as
follows:
 
    (20 ILCS 3405/3.1)
    Sec. 3.1. Agency abolished; functions transferred.
    (a) On August 3, 2018 (the effective date of Public Act
100-695) this amendatory Act of the 100th General Assembly, the
Historic Preservation Agency, including the Board of Trustees,
is hereby abolished and all powers, duties, rights, and
responsibilities of the Historic Preservation Agency, except
those functions relating to the Abraham Lincoln Presidential
Library and Museum, shall be transferred to the Department of
Natural Resources. The powers, duties, rights, and
responsibilities related to the functions of the Historic
Preservation Agency transferred under Public Act 100-695 this
this amendatory Act of the 100th General Assembly shall be
vested in and shall be exercised by the Department of Natural
Resources. Each act done in the exercise of those powers,
duties, rights, and responsibilities shall have the same legal
effect as if done by the Historic Preservation Agency or its
divisions, officers, or employees.
    (b) The personnel and positions within the Historic
Preservation Agency shall be transferred to the Department of
Natural Resources and shall continue their service within the
Department of Natural Resources. The status and rights of those
employees under the Personnel Code shall not be affected by
Public Act 100-695 this amendatory Act of the 100th General
Assembly. The status and rights of the employees and the State
of Illinois and its agencies under the Personnel Code, the
Illinois Public Labor Relations Act, and applicable collective
bargaining agreements or under any pension, retirement, or
annuity plan, shall not be affected by Public Act 100-695 this
amendatory Act of the 100th General Assembly.
    (c) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and
responsibilities transferred by Public Act 100-695 this
amendatory Act of the 100th General Assembly from the Historic
Preservation Agency to the Department of Natural Resources,
including, but not limited to, material in electronic or
magnetic format and necessary computer hardware and software,
shall be transferred to the Department of Natural Resources.
    (d) With respect to the functions of the Historic
Preservation Agency transferred under Public Act 100-695 this
amendatory Act of the 100th General Assembly, the Department of
Natural Resources is the successor agency to the Historic
Preservation Agency under the Successor Agency Act and Section
9b of the State Finance Act. All unexpended appropriations and
balances and other funds available for use by the Historic
Preservation Agency shall, under the direction of the Governor,
be transferred for use by the Department of Natural Resources
in accordance with Public Act 100-695 this amendatory Act of
the 100th General Assembly. Unexpended balances so transferred
shall be expended by the Department of Natural Resources only
for the purpose for which the appropriations were originally
made.
    (e) The manner in which any official is appointed, except
that when any provision of an Executive Order or Act provides
for the membership of the Historic Preservation Agency on any
council, commission, board, or other entity, the Director of
Natural Resources or his or her designee shall serve in that
place; if more than one person is required by law to serve on
any council, commission, board, or other entity, then an
equivalent number of representatives of the Department of
Natural Resources shall so serve.
    (f) Whenever reports or notices are required to be made or
given or papers or documents furnished or served by any person
to or upon the Historic Preservation Agency in connection with
any of the powers, duties, rights, or responsibilities
transferred by Public Act 100-695 this amendatory Act of the
100th General Assembly, the same shall be made, given,
furnished, or served in the same manner to or upon the
Department of Natural Resources.
    (g) Any rules of the Historic Preservation Agency that
relate to its powers, duties, rights, and responsibilities and
are in full force on August 3, 2018 (the effective date of
Public Act 100-695) this amendatory Act of the 100th General
Assembly shall become the rules of the Department of Natural
Resources. Public Act 100-695 This amendatory Act of the 100th
General Assembly does not affect the legality of any of those
rules in the Illinois Administrative Code. Any proposed rule
filed with the Secretary of State by the Historic Preservation
Agency that is pending in the rulemaking process on August 3,
2018 (the effective date of Public Act 100-695) this amendatory
Act of the 100th General Assembly and pertain to the powers,
duties, rights, and responsibilities transferred, shall be
deemed to have been filed by the Department of Natural
Resources. As soon as practicable hereafter, the Department of
Natural Resources shall revise and clarify the rules
transferred to it under Public Act 100-695 this amendatory Act
of the 100th General Assembly to reflect the reorganization of
powers, duties, rights, and responsibilities affected by
Public Act 100-695 this amendatory Act of the 100th General
Assembly, using the procedures for recodification of rules
available under the Illinois Administrative Procedure Act,
except that existing title, part, and section numbering for the
affected rules may be retained. On and after August 3, 2018
(the effective date of Public Act 100-695) this amendatory Act
of the 100th General Assembly, the Department of Natural
Resources may propose and adopt, under the Illinois
Administrative Procedure Act, any other rules that relate to
the functions of the Historic Preservation Agency transferred
to and that will now be administered by the Department of
Natural Resources.
    (h) The transfer of powers, duties, rights, and
responsibilities to the Department of Natural Resources under
Public Act 100-695 this amendatory Act of the 100th General
Assembly does not affect any person's rights, obligations, or
duties, including any civil or criminal penalties applicable,
arising out of those transferred powers, duties, rights, and
responsibilities.
    (i) Public Act 100-695 This amendatory Act of the 100th
General Assembly does not affect any act done, ratified, or
canceled, or any right occurring or established, or any action
or proceeding had or commenced in an administrative, civil, or
criminal cause by the Historic Preservation Agency before
August 3, 2018 (the effective date of Public Act 100-695) this
amendatory Act of the 100th General Assembly; those actions or
proceedings may be defended, prosecuted, or continued by the
Department of Natural Resources.
    (j) Public Act 100-695 This amendatory Act of the 100th
General Assembly does not contravene, and shall not be
construed to contravene, any State statute except as provided
in this Section or federal law.
(Source: P.A. 100-695, eff. 8-3-18; revised 10-2-18.)
 
    (20 ILCS 3405/4.5)
    Sec. 4.5. Division of Historic Preservation. On and after
August 3, 2018 (the effective date of Public Act 100-695) this
amendatory Act of the 100th General Assembly, the Division of
Historic Preservation of the Department of Natural Resources
Office of Land Management shall exercise all rights, powers,
and duties vested in the Historic Sites and Preservation
Division. The head of the Division shall be known as the
Division Manager of Historic Preservation. The Department of
Natural Resources may employ or retain other persons to assist
in the discharge of its functions under this Act, subject to
the Personnel Code and any other applicable Department
policies.
(Source: P.A. 100-695, eff. 8-3-18; revised 10-2-18.)
 
    (20 ILCS 3405/28 new)
    Sec. 28. Illinois Historic Sites Fund. All monies received
for historic preservation programs administered by the
Department, including grants, direct and indirect cost
reimbursements, income from marketing activities, gifts,
donations and bequests, from private organizations,
individuals, other State agencies or federal agencies, monies
received from publications, and copying and certification fees
related to such programs, and all income from fees generated
from admissions, special events, parking, camping, concession
and property rental, shall be deposited into a special fund in
the State treasury, to be known as the Illinois Historic Sites
Fund, which is hereby created. Subject to appropriation, the
monies in such fund shall be used by the Department for
historic preservation purposes only.
    The Illinois Historic Sites Fund is not subject to
administrative charges or charge-backs, including but not
limited to those authorized under Section 8h of the State
Finance Act.
 
    Section 180. The Illinois Historic Preservation Act is
amended by changing Section 1 as follows:
 
    (20 ILCS 3410/1)  (from Ch. 127, par. 133d1)
    Sec. 1. This Act shall be known as the "Illinois Historic
Sites Advisory Council Preservation Act".
(Source: P.A. 79-1383.)
 
    (20 ILCS 3410/15 rep.)
    Section 185. The Illinois Historic Preservation Act is
amended by repealing Section 15.
 
    Section 195. The Illinois Finance Authority Act is amended
by changing Sections 805-15, 830-30, 830-35, 830-55, and 845-75
as follows:
 
    (20 ILCS 3501/805-15)
    Sec. 805-15. Industrial Project Insurance Fund. There is
created the Industrial Project Insurance Fund, hereafter
referred to in Sections 805-15 through 805-50 of this Act as
the "Fund". The Treasurer shall have custody of the Fund, which
shall be held outside of the State treasury, except that
custody may be transferred to and held by any bank, trust
company or other fiduciary with whom the Authority executes a
trust agreement as authorized by paragraph (h) of Section
805-20 of this Act. Any portion of the Fund against which a
charge has been made, shall be held for the benefit of the
holders of the loans or bonds insured under Section 805-20 of
this Act or the holders of State Guarantees under Article 830
of this Act. There shall be deposited in the Fund such amounts,
including but not limited to:
        (a) All receipts of bond and loan insurance premiums;
        (b) All proceeds of assets of whatever nature received
    by the Authority as a result of default or delinquency with
    respect to insured loans or bonds or State Guarantees with
    respect to which payments from the Fund have been made,
    including proceeds from the sale, disposal, lease or rental
    of real or personal property which the Authority may
    receive under the provisions of this Article but excluding
    the proceeds of insurance hereunder;
        (c) All receipts from any applicable contract or
    agreement entered into by the Authority under paragraph (b)
    of Section 805-20 of this Act;
        (d) Any State appropriations, transfers of
    appropriations, or transfers of general obligation bond
    proceeds or other monies made available to the Fund.
    Amounts in the Fund shall be used in accordance with the
    provisions of this Article to satisfy any valid insurance
    claim payable therefrom and may be used for any other
    purpose determined by the Authority in accordance with
    insurance contract or contracts with financial
    institutions entered into pursuant to this Act, including
    without limitation protecting the interest of the
    Authority in industrial projects during periods of loan
    delinquency or upon loan default through the purchase of
    industrial projects in foreclosure proceedings or in lieu
    of foreclosure or through any other means. Such amounts may
    also be used to pay administrative costs and expenses
    reasonably allocable to the activities in connection with
    the Fund and to pay taxes, maintenance, insurance, security
    and any other costs and expenses of bidding for, acquiring,
    owning, carrying and disposing of industrial projects or
    PACE Projects, which were financed with the proceeds of
    loans or insured bonds, including loans or loan
    participations made under subsection subsections (i) or
    (r) of Section 801-40. In the case of a default in payment
    with respect to any loan, mortgage or other agreement so
    insured or otherwise representing possible loss to the
    Authority, the amount of the default shall immediately, and
    at all times during the continuance of such default, and to
    the extent provided in any applicable agreement,
    constitute a charge on the Fund. Any amounts in the Fund
    not currently needed to meet the obligations of the Fund
    may be invested as provided by law in obligations
    designated by the Authority, or used to make direct loans
    or purchase loan participations under subsection
    subsections (i) or (r) of Section 801-40. All income from
    such investments shall become part of the Fund. All income
    from direct loans or loan participations made under
    subsection subsections (i) or (r) of Section 801-40 shall
    become funds of the Authority. In making such investments,
    the Authority shall act with the care, skill, diligence and
    prudence under the circumstances of a prudent person acting
    in a like capacity in the conduct of an enterprise of like
    character and with like aims. It shall diversify such
    investments of the Authority so as to minimize the risk of
    large losses, unless under the circumstances it is clearly
    not prudent to do so. Amounts in the Fund may also be used
    to satisfy State Guarantees under Article 830 of this Act.
(Source: P.A. 100-919, eff. 8-17-18; revised 10-11-18.)
 
    (20 ILCS 3501/830-30)
    Sec. 830-30. State Guarantees for existing debt.
    (a) The Authority is authorized to issue State Guarantees
for farmers' existing debts held by a lender. For the purposes
of this Section, a farmer shall be a resident of Illinois, who
is a principal operator of a farm or land, at least 50% of
whose annual gross income is derived from farming and whose
debt to asset ratio shall not be less than 40%, except in those
cases where the applicant has previously used the guarantee
program there shall be no debt to asset ratio or income
restriction. For the purposes of this Section, debt to asset
ratio shall mean the current outstanding liabilities of the
farmer divided by the current outstanding assets of the farmer.
The Authority shall establish the maximum permissible debt to
asset ratio based on criteria established by the Authority.
Lenders shall apply for the State Guarantees on forms provided
by the Authority and certify that the application and any other
documents submitted are true and correct. The lender or
borrower, or both in combination, shall pay an administrative
fee as determined by the Authority. The applicant shall be
responsible for paying any fees or charges involved in
recording mortgages, releases, financing statements, insurance
for secondary market issues and any other similar fees or
charges as the Authority may require. The application shall at
a minimum contain the farmer's name, address, present credit
and financial information, including cash flow statements,
financial statements, balance sheets, and any other
information pertinent to the application, and the collateral to
be used to secure the State Guarantee. In addition, the lender
must agree to bring the farmer's debt to a current status at
the time the State Guarantee is provided and must also agree to
charge a fixed or adjustable interest rate which the Authority
determines to be below the market rate of interest generally
available to the borrower. If both the lender and applicant
agree, the interest rate on the State Guarantee Loan can be
converted to a fixed interest rate at any time during the term
of the loan. Any State Guarantees provided under this Section
(i) shall not exceed $500,000 per farmer, (ii) shall be set up
on a payment schedule not to exceed 30 years, and shall be no
longer than 30 years in duration, and (iii) shall be subject to
an annual review and renewal by the lender and the Authority;
provided that only one such State Guarantee shall be
outstanding per farmer at any one time. No State Guarantee
shall be revoked by the Authority without a 90-day notice, in
writing, to all parties. In those cases where the borrower has
not previously used the guarantee program, the lender shall not
call due any loan during the first 3 years for any reason
except for lack of performance or insufficient collateral. The
lender can review and withdraw or continue with the State
Guarantee on an annual basis after the first 3 years of the
loan, provided a 90-day notice, in writing, to all parties has
been given.
    (b) The Authority shall provide or renew a State Guarantee
to a lender if:
        (i) A fee equal to 25 basis points on the loan is paid
    to the Authority on an annual basis by the lender.
        (ii) The application provides collateral acceptable to
    the Authority that is at least equal to the State's portion
    of the Guarantee to be provided.
        (iii) The lender assumes all responsibility and costs
    for pursuing legal action on collecting any loan that is
    delinquent or in default.
        (iv) The lender is responsible for the first 15% of the
    outstanding principal of the note for which the State
    Guarantee has been applied.
    (c) There is hereby created outside of the State treasury a
special fund to be known as the Illinois Agricultural Loan
Guarantee Fund. The State Treasurer shall be custodian of this
Fund. Any amounts in the Illinois Agricultural Loan Guarantee
Fund not currently needed to meet the obligations of the Fund
shall be invested as provided by law or used by the Authority
to make direct loans or originate or purchase loan
participations under subsection subsections (i) or (r) of
Section 801-40. All interest earned from these investments
shall be deposited into the Fund until the Fund reaches the
maximum amount authorized in this Act; thereafter, interest
earned shall be deposited into the General Revenue Fund. After
September 1, 1989, annual investment earnings equal to 1.5% of
the Fund shall remain in the Fund to be used for the purposes
established in Section 830-40 of this Act. All earnings on
direct loans or loan participations made by the Authority under
subsection subsections (i) or (r) of Section 801-40 with
amounts in this Fund shall become funds of the Authority. The
Authority is authorized to transfer to the Fund such amounts as
are necessary to satisfy claims during the duration of the
State Guarantee program to secure State Guarantees issued under
this Section, provided that amounts to be paid from the
Industrial Project Insurance Fund created under Article 805 of
this Act may be paid by the Authority directly to satisfy
claims and need not be deposited first into the Illinois
Agricultural Loan Guarantee Fund. If for any reason the General
Assembly fails to make an appropriation sufficient to meet
these obligations, this Act shall constitute an irrevocable and
continuing appropriation of an amount necessary to secure
guarantees as defaults occur and the irrevocable and continuing
authority for, and direction to, the State Treasurer and the
Comptroller to make the necessary transfers to the Illinois
Agricultural Loan Guarantee Fund, as directed by the Governor,
out of the General Revenue Fund. Within 30 days after November
15, 1985, the Authority may transfer up to $7,000,000 from
available appropriations into the Illinois Agricultural Loan
Guarantee Fund for the purposes of this Act. Thereafter, the
Authority may transfer additional amounts into the Illinois
Agricultural Loan Guarantee Fund to secure guarantees for
defaults as defaults occur. In the event of default by the
farmer, the lender shall be entitled to, and the Authority
shall direct payment on, the State Guarantee after 90 days of
delinquency. All payments by the Authority to satisfy claims
against the State Guarantee shall be made, in whole or in part,
from any of the following funds in such order and in such
amounts as the Authority shall determine: (1) the Industrial
Project Insurance Fund created under Article 805 of this Act
(if the Authority exercises its discretion under subsection (j)
of Section 805-20); (2) the Illinois Agricultural Loan
Guarantee Fund; or (3) the Illinois Farmer and Agribusiness
Loan Guarantee Fund. The Illinois Agricultural Loan Guarantee
Fund shall guarantee receipt of payment of the 85% of the
principal and interest owed on the State Guarantee Loan by the
farmer to the guarantee holder, provided that payments by the
Authority to satisfy claims against the State Guarantee shall
be made in accordance with the preceding sentence. It shall be
the responsibility of the lender to proceed with the collecting
and disposing of collateral on the State Guarantee under this
Section, Section 830-35, Section 830-45, Section 830-50,
Section 830-55, or Article 835 within 14 months of the time the
State Guarantee is declared delinquent; provided, however,
that the lender shall not collect or dispose of collateral on
the State Guarantee without the express written prior approval
of the Authority. If the lender does not dispose of the
collateral within 14 months, the lender shall be liable to
repay to the State interest on the State Guarantee equal to the
same rate which the lender charges on the State Guarantee;
provided, however, that the Authority may extend the 14-month
period for a lender in the case of bankruptcy or extenuating
circumstances. The Fund from which a payment is made shall be
reimbursed for any amounts paid from that Fund under this
Section, Section 830-35, Section 830-45, Section 830-50,
Section 830-55, or Article 835 upon liquidation of the
collateral. The Authority, by resolution of the Board, may
borrow sums from the Fund and provide for repayment as soon as
may be practical upon receipt of payments of principal and
interest by a farmer. Money may be borrowed from the Fund by
the Authority for the sole purpose of paying certain interest
costs for farmers associated with selling a loan subject to a
State Guarantee in a secondary market as may be deemed
reasonable and necessary by the Authority.
    (d) Notwithstanding the provisions of this Section 830-30
with respect to the farmers and lenders who may obtain State
Guarantees, the Authority may promulgate rules establishing
the eligibility of farmers and lenders to participate in the
State guarantee program and the terms, standards, and
procedures that will apply, when the Authority finds that
emergency conditions in Illinois agriculture have created the
need for State Guarantees pursuant to terms, standards, and
procedures other than those specified in this Section.
(Source: P.A. 99-509, eff. 6-24-16; 100-919, eff. 8-17-18;
revised 10-11-18.)
 
    (20 ILCS 3501/830-35)
    Sec. 830-35. State Guarantees for loans to farmers and
agribusiness; eligibility.
    (a) The Authority is authorized to issue State Guarantees
to lenders for loans to eligible farmers and agribusinesses for
purposes set forth in this Section. For purposes of this
Section, an eligible farmer shall be a resident of Illinois (i)
who is principal operator of a farm or land, at least 50% of
whose annual gross income is derived from farming, (ii) whose
annual total sales of agricultural products, commodities, or
livestock exceeds $20,000, and (iii) whose net worth does not
exceed $500,000. An eligible agribusiness shall be that as
defined in Section 801-10 of this Act. The Authority may
approve applications by farmers and agribusinesses that
promote diversification of the farm economy of this State
through the growth and development of new crops or livestock
not customarily grown or produced in this State or that
emphasize a vertical integration of grain or livestock produced
or raised in this State into a finished agricultural product
for consumption or use. "New crops or livestock not customarily
grown or produced in this State" shall not include corn,
soybeans, wheat, swine, or beef or dairy cattle. "Vertical
integration of grain or livestock produced or raised in this
State" shall include any new or existing grain or livestock
grown or produced in this State. Lenders shall apply for the
State Guarantees on forms provided by the Authority, certify
that the application and any other documents submitted are true
and correct, and pay an administrative fee as determined by the
Authority. The applicant shall be responsible for paying any
fees or charges involved in recording mortgages, releases,
financing statements, insurance for secondary market issues
and any other similar fees or charges as the Authority may
require. The application shall at a minimum contain the
farmer's or agribusiness' name, address, present credit and
financial information, including cash flow statements,
financial statements, balance sheets, and any other
information pertinent to the application, and the collateral to
be used to secure the State Guarantee. In addition, the lender
must agree to charge an interest rate, which may vary, on the
loan that the Authority determines to be below the market rate
of interest generally available to the borrower. If both the
lender and applicant agree, the interest rate on the State
Guarantee Loan can be converted to a fixed interest rate at any
time during the term of the loan. Any State Guarantees provided
under this Section (i) shall not exceed $500,000 per farmer or
an amount as determined by the Authority on a case-by-case
basis for an agribusiness, (ii) shall not exceed a term of 15
years, and (iii) shall be subject to an annual review and
renewal by the lender and the Authority; provided that only one
such State Guarantee shall be made per farmer or agribusiness,
except that additional State Guarantees may be made for
purposes of expansion of projects financed in part by a
previously issued State Guarantee. No State Guarantee shall be
revoked by the Authority without a 90-day notice, in writing,
to all parties. The lender shall not call due any loan for any
reason except for lack of performance, insufficient
collateral, or maturity. A lender may review and withdraw or
continue with a State Guarantee on an annual basis after the
first 5 years following closing of the loan application if the
loan contract provides for an interest rate that shall not
vary. A lender shall not withdraw a State Guarantee if the loan
contract provides for an interest rate that may vary, except
for reasons set forth herein.
    (b) The Authority shall provide or renew a State Guarantee
to a lender if:
        (i) A fee equal to 25 basis points on the loan is paid
    to the Authority on an annual basis by the lender.
        (ii) The application provides collateral acceptable to
    the Authority that is at least equal to the State's portion
    of the Guarantee to be provided.
        (iii) The lender assumes all responsibility and costs
    for pursuing legal action on collecting any loan that is
    delinquent or in default.
        (iv) The lender is responsible for the first 15% of the
    outstanding principal of the note for which the State
    Guarantee has been applied.
    (c) There is hereby created outside of the State treasury a
special fund to be known as the Illinois Farmer and
Agribusiness Loan Guarantee Fund. The State Treasurer shall be
custodian of this Fund. Any amounts in the Fund not currently
needed to meet the obligations of the Fund shall be invested as
provided by law, or used by the Authority to make direct loans
or originate or purchase loan participations under subsection
subsections (i) or (r) of Section 801-40. All interest earned
from these investments shall be deposited into the Fund until
the Fund reaches the maximum amounts authorized in this Act;
thereafter, interest earned shall be deposited into the General
Revenue Fund. After September 1, 1989, annual investment
earnings equal to 1.5% of the Fund shall remain in the Fund to
be used for the purposes established in Section 830-40 of this
Act. All earnings on direct loans or loan participations made
by the Authority under subsection subsections (i) or (r) of
Section 801-40 with amounts in this Fund shall become funds of
the Authority. The Authority is authorized to transfer such
amounts as are necessary to satisfy claims from available
appropriations and from fund balances of the Farm Emergency
Assistance Fund as of June 30 of each year to the Illinois
Farmer and Agribusiness Loan Guarantee Fund to secure State
Guarantees issued under this Section, Sections 830-30, 830-45,
830-50, and 830-55, and Article 835 of this Act. Amounts to be
paid from the Industrial Project Insurance Fund created under
Article 805 of this Act may be paid by the Authority directly
to satisfy claims and need not be deposited first into the
Illinois Farmer and Agribusiness Loan Guarantee Fund. If for
any reason the General Assembly fails to make an appropriation
sufficient to meet these obligations, this Act shall constitute
an irrevocable and continuing appropriation of an amount
necessary to secure guarantees as defaults occur and the
irrevocable and continuing authority for, and direction to, the
State Treasurer and the Comptroller to make the necessary
transfers to the Illinois Farmer and Agribusiness Loan
Guarantee Fund, as directed by the Governor, out of the General
Revenue Fund. In the event of default by the borrower on State
Guarantee Loans under this Section, Section 830-45, Section
830-50, or Section 830-55, the lender shall be entitled to, and
the Authority shall direct payment on, the State Guarantee
after 90 days of delinquency. All payments by the Authority to
satisfy claims against the State Guarantee shall be made, in
whole or in part, from any of the following funds in such order
and in such amounts as the Authority shall determine: (1) the
Industrial Project Insurance Fund created under Article 805 of
this Act (if the Authority exercises its discretion under
subsection (j) of Section 805-20); (2) the Illinois Farmer and
Agribusiness Loan Guarantee Fund; or (3) the Illinois Farmer
and Agribusiness Loan Guarantee Fund. It shall be the
responsibility of the lender to proceed with the collecting and
disposing of collateral on the State Guarantee under this
Section, Section 830-45, Section 830-50, or Section 830-55
within 14 months of the time the State Guarantee is declared
delinquent. If the lender does not dispose of the collateral
within 14 months, the lender shall be liable to repay to the
State interest on the State Guarantee equal to the same rate
that the lender charges on the State Guarantee, provided that
the Authority shall have the authority to extend the 14-month
period for a lender in the case of bankruptcy or extenuating
circumstances. The Fund shall be reimbursed for any amounts
paid under this Section, Section 830-30, Section 830-45,
Section 830-50, Section 830-55, or Article 835 upon liquidation
of the collateral. The Authority, by resolution of the Board,
may borrow sums from the Fund and provide for repayment as soon
as may be practical upon receipt of payments of principal and
interest by a borrower on State Guarantee Loans under this
Section, Section 830-30, Section 830-45, Section 830-50,
Section 830-55, or Article 835. Money may be borrowed from the
Fund by the Authority for the sole purpose of paying certain
interest costs for borrowers associated with selling a loan
subject to a State Guarantee under this Section, Section
830-30, Section 830-45, Section 830-50, Section 830-55, or
Article 835 in a secondary market as may be deemed reasonable
and necessary by the Authority.
    (d) Notwithstanding the provisions of this Section 830-35
with respect to the farmers, agribusinesses, and lenders who
may obtain State Guarantees, the Authority may promulgate rules
establishing the eligibility of farmers, agribusinesses, and
lenders to participate in the State Guarantee program and the
terms, standards, and procedures that will apply, when the
Authority finds that emergency conditions in Illinois
agriculture have created the need for State Guarantees pursuant
to terms, standards, and procedures other than those specified
in this Section.
(Source: P.A. 99-509, eff. 6-24-16; 100-919, eff. 8-17-18;
revised 10-11-18.)
 
    (20 ILCS 3501/830-55)
    Sec. 830-55. Working Capital Loan Guarantee Program.
    (a) The Authority is authorized to issue State Guarantees
to lenders for loans to finance needed input costs related to
and in connection with planting and raising agricultural crops
and commodities in Illinois. Eligible input costs include, but
are not limited to, fertilizer, chemicals, feed, seed, fuel,
parts, and repairs. At the discretion of the Authority, the
farmer, producer, or agribusiness must be able to provide the
originating lender with a first lien on the proposed crop or
commodity to be raised and an assignment of Federal Crop
Insurance sufficient to secure the Working Capital Loan.
Additional collateral may be required as deemed necessary by
the lender and the Authority.
    For the purposes of this Section, an eligible farmer,
producer, or agribusiness is a resident of Illinois who is at
least 18 years of age and who is a principal operator of a farm
or land, who derives at least 50% of annual gross income from
farming, and whose debt to asset ratio is not less than 40%.
For the purposes of this Section, debt to asset ratio means
current outstanding liabilities, including any debt to be
financed or refinanced under this Section 830-55, divided by
current outstanding assets. The Authority shall establish the
maximum permissible debt to asset ratio based on criteria
established by the Authority. Lenders shall apply for the State
Guarantees on forms provided by the Authority and certify that
the application and any other documents submitted are true and
correct. The lender or borrower, or both in combination, shall
pay an administrative fee as determined by the Authority. The
applicant shall be responsible for paying any fee or charge
involved in recording mortgages, releases, financing
statements, insurance for secondary market issues, and any
other similar fee or charge that the Authority may require. The
application shall at a minimum contain the borrower's name,
address, present credit and financial information, including
cash flow statements, financial statements, balance sheets,
and any other information pertinent to the application, and the
collateral to be used to secure the State Guarantee. In
addition, the borrower must certify to the Authority that, at
the time the State Guarantee is provided, the borrower will not
be delinquent in the repayment of any debt. The lender must
agree to charge a fixed or adjustable interest rate that the
Authority determines to be below the market rate of interest
generally available to the borrower. If both the lender and
applicant agree, the interest rate on the State guaranteed loan
can be converted to a fixed interest rate at any time during
the term of the loan. State Guarantees provided under this
Section (i) shall not exceed $250,000 per borrower, (ii) shall
be repaid annually, and (iii) shall be subject to an annual
review and renewal by the lender and the Authority. The State
Guarantee may be renewed annually, for a period not to exceed 3
total years per State Guarantee, if the borrower meets
financial criteria and other conditions, as established by the
Authority. A farmer or agribusiness may use this program more
than once provided the aggregate principal amount of State
Guarantees under this Section to that farmer or agribusiness
does not exceed $250,000 annually. No State Guarantee shall be
revoked by the Authority without a 90-day notice, in writing,
to all parties.
    (b) The Authority shall provide a State Guarantee to a
lender if:
        (i) The borrower pays to the Authority a fee equal to
    100 basis points on the loan.
        (ii) The application provides collateral acceptable to
    the Authority that is at least equal to the State
    Guarantee.
        (iii) The lender assumes all responsibility and costs
    for pursuing legal action on collecting any loan that is
    delinquent or in default.
        (iv) The lender is at risk for the first 15% of the
    outstanding principal of the note for which the State
    Guarantee is provided.
    (c) The Illinois Agricultural Loan Guarantee Fund, the
Illinois Farmer and Agribusiness Loan Guarantee Fund, and the
Industrial Project Insurance Fund may be used to secure State
Guarantees issued under this Section as provided in Section
830-30, Section 830-35, and subsection (j) of Section 805-20,
respectively, or to make direct loans or purchase loan
participations under subsection subsections (i) or (r) of
Section 801-40. If the Authority exercises its discretion under
subsection (j) of Section 805-20 to secure a State Guarantee
with the Industrial Project Insurance Fund and also exercises
its discretion under this subsection to secure the same State
Guarantee with the Illinois Agricultural Loan Guarantee Fund,
the Illinois Farmer and Agribusiness Loan Guarantee Fund, or
both, all payments by the Authority to satisfy claims against
the State Guarantee shall be made from the Industrial Project
Insurance Fund, the Illinois Agricultural Loan Guarantee Fund,
or the Illinois Farmer and Agribusiness Loan Guarantee Fund, as
applicable, in such order and in such amounts as the Authority
shall determine.
    (d) Notwithstanding the provisions of this Section 830-55
with respect to the borrowers and lenders who may obtain State
Guarantees, the Authority may promulgate rules establishing
the eligibility of borrowers and lenders to participate in the
State Guarantee program and the terms, standards, and
procedures that will apply, when the Authority finds that
emergency conditions in Illinois agriculture have created the
need for State Guarantees pursuant to terms, standards, and
procedures other than those specified in this Section.
(Source: P.A. 99-509, eff. 6-24-16; 100-919, eff. 8-17-18;
revised 10-11-18.)
 
    (20 ILCS 3501/845-75)
    Sec. 845-75. Transfer of functions from previously
existing authorities to the Illinois Finance Authority.
    (a) The Illinois Finance Authority created by the Illinois
Finance Authority Act shall succeed to, assume and exercise all
rights, powers, duties and responsibilities formerly exercised
by the following Authorities and entities (herein called the
"Predecessor Authorities") prior to the abolition of the
Predecessor Authorities by this Act:
        The Illinois Development Finance Authority
        The Illinois Farm Development Authority
        The Illinois Health Facilities Authority
        The Illinois Educational Facilities Authority
        The Illinois Community Development Finance Corporation
        The Illinois Rural Bond Bank
        The Illinois Research Park Authority
    (b) All books, records, papers, documents and pending
business in any way pertaining to the Predecessor Authorities
are transferred to the Illinois Finance Authority, but any
rights or obligations of any person under any contract made by,
or under any rules, regulations, uniform standards, criteria
and guidelines established or approved by, such Predecessor
Authorities shall be unaffected thereby. All bonds, notes or
other evidences of indebtedness outstanding on the effective
date of this Act shall be unaffected by the transfer of
functions to the Illinois Finance Authority. No rule,
regulation, standard, criteria or guideline promulgated,
established or approved by the Predecessor Authorities
pursuant to an exercise of any right, power, duty or
responsibility assumed by and transferred to the Illinois
Finance Authority shall be affected by this Act, and all such
rules, regulations, standards, criteria and guidelines shall
become those of the Illinois Finance Authority until such time
as they are amended or repealed by the Illinois Finance
Authority.
    (c) The Illinois Finance Authority may exercise all of the
rights, powers, duties, and responsibilities that were
provided for the Illinois Research Park Authority under the
provisions of the Illinois Research Park Authority Act, as the
text of that Act existed on December 31, 2003, notwithstanding
the fact that Public Act 88-669, which created the Illinois
Research Park Authority Act, has been held to be
unconstitutional as a violation of the single subject clause of
the Illinois Constitution in People v. Olender, Docket No.
98932, opinion filed December 15, 2005.
    (d) The enactment of Public Act 100-919 this amendatory Act
of the 100th General Assembly shall not affect any right
accrued or liability incurred prior to its enactment, including
the validity or enforceability of any prior action taken by the
Illinois Finance Authority with respect to loans made, or loan
participations purchased, by the Authority under subsection
subsections (i) or (r) of Section 801-40.
(Source: P.A. 100-919, eff. 8-17-18; revised 10-11-18.)
 
    Section 200. The Illinois Power Agency Act is amended by
changing Section 1-75 as follows:
 
    (20 ILCS 3855/1-75)
    Sec. 1-75. Planning and Procurement Bureau. The Planning
and Procurement Bureau has the following duties and
responsibilities:
    (a) The Planning and Procurement Bureau shall each year,
beginning in 2008, develop procurement plans and conduct
competitive procurement processes in accordance with the
requirements of Section 16-111.5 of the Public Utilities Act
for the eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in Illinois. Beginning with the delivery year
commencing on June 1, 2017, the Planning and Procurement Bureau
shall develop plans and processes for the procurement of zero
emission credits from zero emission facilities in accordance
with the requirements of subsection (d-5) of this Section. The
Planning and Procurement Bureau shall also develop procurement
plans and conduct competitive procurement processes in
accordance with the requirements of Section 16-111.5 of the
Public Utilities Act for the eligible retail customers of small
multi-jurisdictional electric utilities that (i) on December
31, 2005 served less than 100,000 customers in Illinois and
(ii) request a procurement plan for their Illinois
jurisdictional load. This Section shall not apply to a small
multi-jurisdictional utility until such time as a small
multi-jurisdictional utility requests the Agency to prepare a
procurement plan for their Illinois jurisdictional load. For
the purposes of this Section, the term "eligible retail
customers" has the same definition as found in Section
16-111.5(a) of the Public Utilities Act.
    Beginning with the plan or plans to be implemented in the
2017 delivery year, the Agency shall no longer include the
procurement of renewable energy resources in the annual
procurement plans required by this subsection (a), except as
provided in subsection (q) of Section 16-111.5 of the Public
Utilities Act, and shall instead develop a long-term renewable
resources procurement plan in accordance with subsection (c) of
this Section and Section 16-111.5 of the Public Utilities Act.
        (1) The Agency shall each year, beginning in 2008, as
    needed, issue a request for qualifications for experts or
    expert consulting firms to develop the procurement plans in
    accordance with Section 16-111.5 of the Public Utilities
    Act. In order to qualify an expert or expert consulting
    firm must have:
            (A) direct previous experience assembling
        large-scale power supply plans or portfolios for
        end-use customers;
            (B) an advanced degree in economics, mathematics,
        engineering, risk management, or a related area of
        study;
            (C) 10 years of experience in the electricity
        sector, including managing supply risk;
            (D) expertise in wholesale electricity market
        rules, including those established by the Federal
        Energy Regulatory Commission and regional transmission
        organizations;
            (E) expertise in credit protocols and familiarity
        with contract protocols;
            (F) adequate resources to perform and fulfill the
        required functions and responsibilities; and
            (G) the absence of a conflict of interest and
        inappropriate bias for or against potential bidders or
        the affected electric utilities.
        (2) The Agency shall each year, as needed, issue a
    request for qualifications for a procurement administrator
    to conduct the competitive procurement processes in
    accordance with Section 16-111.5 of the Public Utilities
    Act. In order to qualify an expert or expert consulting
    firm must have:
            (A) direct previous experience administering a
        large-scale competitive procurement process;
            (B) an advanced degree in economics, mathematics,
        engineering, or a related area of study;
            (C) 10 years of experience in the electricity
        sector, including risk management experience;
            (D) expertise in wholesale electricity market
        rules, including those established by the Federal
        Energy Regulatory Commission and regional transmission
        organizations;
            (E) expertise in credit and contract protocols;
            (F) adequate resources to perform and fulfill the
        required functions and responsibilities; and
            (G) the absence of a conflict of interest and
        inappropriate bias for or against potential bidders or
        the affected electric utilities.
        (3) The Agency shall provide affected utilities and
    other interested parties with the lists of qualified
    experts or expert consulting firms identified through the
    request for qualifications processes that are under
    consideration to develop the procurement plans and to serve
    as the procurement administrator. The Agency shall also
    provide each qualified expert's or expert consulting
    firm's response to the request for qualifications. All
    information provided under this subparagraph shall also be
    provided to the Commission. The Agency may provide by rule
    for fees associated with supplying the information to
    utilities and other interested parties. These parties
    shall, within 5 business days, notify the Agency in writing
    if they object to any experts or expert consulting firms on
    the lists. Objections shall be based on:
            (A) failure to satisfy qualification criteria;
            (B) identification of a conflict of interest; or
            (C) evidence of inappropriate bias for or against
        potential bidders or the affected utilities.
        The Agency shall remove experts or expert consulting
    firms from the lists within 10 days if there is a
    reasonable basis for an objection and provide the updated
    lists to the affected utilities and other interested
    parties. If the Agency fails to remove an expert or expert
    consulting firm from a list, an objecting party may seek
    review by the Commission within 5 days thereafter by filing
    a petition, and the Commission shall render a ruling on the
    petition within 10 days. There is no right of appeal of the
    Commission's ruling.
        (4) The Agency shall issue requests for proposals to
    the qualified experts or expert consulting firms to develop
    a procurement plan for the affected utilities and to serve
    as procurement administrator.
        (5) The Agency shall select an expert or expert
    consulting firm to develop procurement plans based on the
    proposals submitted and shall award contracts of up to 5
    years to those selected.
        (6) The Agency shall select an expert or expert
    consulting firm, with approval of the Commission, to serve
    as procurement administrator based on the proposals
    submitted. If the Commission rejects, within 5 days, the
    Agency's selection, the Agency shall submit another
    recommendation within 3 days based on the proposals
    submitted. The Agency shall award a 5-year contract to the
    expert or expert consulting firm so selected with
    Commission approval.
    (b) The experts or expert consulting firms retained by the
Agency shall, as appropriate, prepare procurement plans, and
conduct a competitive procurement process as prescribed in
Section 16-111.5 of the Public Utilities Act, to ensure
adequate, reliable, affordable, efficient, and environmentally
sustainable electric service at the lowest total cost over
time, taking into account any benefits of price stability, for
eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in the State of Illinois, and for eligible Illinois
retail customers of small multi-jurisdictional electric
utilities that (i) on December 31, 2005 served less than
100,000 customers in Illinois and (ii) request a procurement
plan for their Illinois jurisdictional load.
    (c) Renewable portfolio standard.
        (1)(A) The Agency shall develop a long-term renewable
    resources procurement plan that shall include procurement
    programs and competitive procurement events necessary to
    meet the goals set forth in this subsection (c). The
    initial long-term renewable resources procurement plan
    shall be released for comment no later than 160 days after
    June 1, 2017 (the effective date of Public Act 99-906). The
    Agency shall review, and may revise on an expedited basis,
    the long-term renewable resources procurement plan at
    least every 2 years, which shall be conducted in
    conjunction with the procurement plan under Section
    16-111.5 of the Public Utilities Act to the extent
    practicable to minimize administrative expense. The
    long-term renewable resources procurement plans shall be
    subject to review and approval by the Commission under
    Section 16-111.5 of the Public Utilities Act.
        (B) Subject to subparagraph (F) of this paragraph (1),
    the long-term renewable resources procurement plan shall
    include the goals for procurement of renewable energy
    credits to meet at least the following overall percentages:
    13% by the 2017 delivery year; increasing by at least 1.5%
    each delivery year thereafter to at least 25% by the 2025
    delivery year; and continuing at no less than 25% for each
    delivery year thereafter. In the event of a conflict
    between these goals and the new wind and new photovoltaic
    procurement requirements described in items (i) through
    (iii) of subparagraph (C) of this paragraph (1), the
    long-term plan shall prioritize compliance with the new
    wind and new photovoltaic procurement requirements
    described in items (i) through (iii) of subparagraph (C) of
    this paragraph (1) over the annual percentage targets
    described in this subparagraph (B).
        For the delivery year beginning June 1, 2017, the
    procurement plan shall include cost-effective renewable
    energy resources equal to at least 13% of each utility's
    load for eligible retail customers and 13% of the
    applicable portion of each utility's load for retail
    customers who are not eligible retail customers, which
    applicable portion shall equal 50% of the utility's load
    for retail customers who are not eligible retail customers
    on February 28, 2017.
        For the delivery year beginning June 1, 2018, the
    procurement plan shall include cost-effective renewable
    energy resources equal to at least 14.5% of each utility's
    load for eligible retail customers and 14.5% of the
    applicable portion of each utility's load for retail
    customers who are not eligible retail customers, which
    applicable portion shall equal 75% of the utility's load
    for retail customers who are not eligible retail customers
    on February 28, 2017.
        For the delivery year beginning June 1, 2019, and for
    each year thereafter, the procurement plans shall include
    cost-effective renewable energy resources equal to a
    minimum percentage of each utility's load for all retail
    customers as follows: 16% by June 1, 2019; increasing by
    1.5% each year thereafter to 25% by June 1, 2025; and 25%
    by June 1, 2026 and each year thereafter.
        For each delivery year, the Agency shall first
    recognize each utility's obligations for that delivery
    year under existing contracts. Any renewable energy
    credits under existing contracts, including renewable
    energy credits as part of renewable energy resources, shall
    be used to meet the goals set forth in this subsection (c)
    for the delivery year.
        (C) Of the renewable energy credits procured under this
    subsection (c), at least 75% shall come from wind and
    photovoltaic projects. The long-term renewable resources
    procurement plan described in subparagraph (A) of this
    paragraph (1) shall include the procurement of renewable
    energy credits in amounts equal to at least the following:
            (i) By the end of the 2020 delivery year:
                At least 2,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 2,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            generation devices or community renewable
            generation projects; at least 40% from
            utility-scale solar projects; at least 2% from
            brownfield site photovoltaic projects that are not
            community renewable generation projects; and the
            remainder shall be determined through the
            long-term planning process described in
            subparagraph (A) of this paragraph (1).
            (ii) By the end of the 2025 delivery year:
                At least 3,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 3,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            devices or community renewable generation
            projects; at least 40% from utility-scale solar
            projects; at least 2% from brownfield site
            photovoltaic projects that are not community
            renewable generation projects; and the remainder
            shall be determined through the long-term planning
            process described in subparagraph (A) of this
            paragraph (1).
            (iii) By the end of the 2030 delivery year:
                At least 4,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 4,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            devices or community renewable generation
            projects; at least 40% from utility-scale solar
            projects; at least 2% from brownfield site
            photovoltaic projects that are not community
            renewable generation projects; and the remainder
            shall be determined through the long-term planning
            process described in subparagraph (A) of this
            paragraph (1).
            For purposes of this Section:
                "New wind projects" means wind renewable
            energy facilities that are energized after June 1,
            2017 for the delivery year commencing June 1, 2017
            or within 3 years after the date the Commission
            approves contracts for subsequent delivery years.
                "New photovoltaic projects" means photovoltaic
            renewable energy facilities that are energized
            after June 1, 2017. Photovoltaic projects
            developed under Section 1-56 of this Act shall not
            apply towards the new photovoltaic project
            requirements in this subparagraph (C).
        (D) Renewable energy credits shall be cost effective.
    For purposes of this subsection (c), "cost effective" means
    that the costs of procuring renewable energy resources do
    not cause the limit stated in subparagraph (E) of this
    paragraph (1) to be exceeded and, for renewable energy
    credits procured through a competitive procurement event,
    do not exceed benchmarks based on market prices for like
    products in the region. For purposes of this subsection
    (c), "like products" means contracts for renewable energy
    credits from the same or substantially similar technology,
    same or substantially similar vintage (new or existing),
    the same or substantially similar quantity, and the same or
    substantially similar contract length and structure.
    Benchmarks shall be developed by the procurement
    administrator, in consultation with the Commission staff,
    Agency staff, and the procurement monitor and shall be
    subject to Commission review and approval. If price
    benchmarks for like products in the region are not
    available, the procurement administrator shall establish
    price benchmarks based on publicly available data on
    regional technology costs and expected current and future
    regional energy prices. The benchmarks in this Section
    shall not be used to curtail or otherwise reduce
    contractual obligations entered into by or through the
    Agency prior to June 1, 2017 (the effective date of Public
    Act 99-906).
        (E) For purposes of this subsection (c), the required
    procurement of cost-effective renewable energy resources
    for a particular year commencing prior to June 1, 2017
    shall be measured as a percentage of the actual amount of
    electricity (megawatt-hours) supplied by the electric
    utility to eligible retail customers in the delivery year
    ending immediately prior to the procurement, and, for
    delivery years commencing on and after June 1, 2017, the
    required procurement of cost-effective renewable energy
    resources for a particular year shall be measured as a
    percentage of the actual amount of electricity
    (megawatt-hours) delivered by the electric utility in the
    delivery year ending immediately prior to the procurement,
    to all retail customers in its service territory. For
    purposes of this subsection (c), the amount paid per
    kilowatthour means the total amount paid for electric
    service expressed on a per kilowatthour basis. For purposes
    of this subsection (c), the total amount paid for electric
    service includes without limitation amounts paid for
    supply, transmission, distribution, surcharges, and add-on
    taxes.
        Notwithstanding the requirements of this subsection
    (c), the total of renewable energy resources procured under
    the procurement plan for any single year shall be subject
    to the limitations of this subparagraph (E). Such
    procurement shall be reduced for all retail customers based
    on the amount necessary to limit the annual estimated
    average net increase due to the costs of these resources
    included in the amounts paid by eligible retail customers
    in connection with electric service to no more than the
    greater of 2.015% of the amount paid per kilowatthour by
    those customers during the year ending May 31, 2007 or the
    incremental amount per kilowatthour paid for these
    resources in 2011. To arrive at a maximum dollar amount of
    renewable energy resources to be procured for the
    particular delivery year, the resulting per kilowatthour
    amount shall be applied to the actual amount of
    kilowatthours of electricity delivered, or applicable
    portion of such amount as specified in paragraph (1) of
    this subsection (c), as applicable, by the electric utility
    in the delivery year immediately prior to the procurement
    to all retail customers in its service territory. The
    calculations required by this subparagraph (E) shall be
    made only once for each delivery year at the time that the
    renewable energy resources are procured. Once the
    determination as to the amount of renewable energy
    resources to procure is made based on the calculations set
    forth in this subparagraph (E) and the contracts procuring
    those amounts are executed, no subsequent rate impact
    determinations shall be made and no adjustments to those
    contract amounts shall be allowed. All costs incurred under
    such contracts shall be fully recoverable by the electric
    utility as provided in this Section.
        (F) If the limitation on the amount of renewable energy
    resources procured in subparagraph (E) of this paragraph
    (1) prevents the Agency from meeting all of the goals in
    this subsection (c), the Agency's long-term plan shall
    prioritize compliance with the requirements of this
    subsection (c) regarding renewable energy credits in the
    following order:
            (i) renewable energy credits under existing
        contractual obligations;
            (i-5) funding for the Illinois Solar for All
        Program, as described in subparagraph (O) of this
        paragraph (1);
            (ii) renewable energy credits necessary to comply
        with the new wind and new photovoltaic procurement
        requirements described in items (i) through (iii) of
        subparagraph (C) of this paragraph (1); and
            (iii) renewable energy credits necessary to meet
        the remaining requirements of this subsection (c).
        (G) The following provisions shall apply to the
    Agency's procurement of renewable energy credits under
    this subsection (c):
            (i) Notwithstanding whether a long-term renewable
        resources procurement plan has been approved, the
        Agency shall conduct an initial forward procurement
        for renewable energy credits from new utility-scale
        wind projects within 160 days after June 1, 2017 (the
        effective date of Public Act 99-906). For the purposes
        of this initial forward procurement, the Agency shall
        solicit 15-year contracts for delivery of 1,000,000
        renewable energy credits delivered annually from new
        utility-scale wind projects to begin delivery on June
        1, 2019, if available, but not later than June 1, 2021.
        Payments to suppliers of renewable energy credits
        shall commence upon delivery. Renewable energy credits
        procured under this initial procurement shall be
        included in the Agency's long-term plan and shall apply
        to all renewable energy goals in this subsection (c).
            (ii) Notwithstanding whether a long-term renewable
        resources procurement plan has been approved, the
        Agency shall conduct an initial forward procurement
        for renewable energy credits from new utility-scale
        solar projects and brownfield site photovoltaic
        projects within one year after June 1, 2017 (the
        effective date of Public Act 99-906). For the purposes
        of this initial forward procurement, the Agency shall
        solicit 15-year contracts for delivery of 1,000,000
        renewable energy credits delivered annually from new
        utility-scale solar projects and brownfield site
        photovoltaic projects to begin delivery on June 1,
        2019, if available, but not later than June 1, 2021.
        The Agency may structure this initial procurement in
        one or more discrete procurement events. Payments to
        suppliers of renewable energy credits shall commence
        upon delivery. Renewable energy credits procured under
        this initial procurement shall be included in the
        Agency's long-term plan and shall apply to all
        renewable energy goals in this subsection (c).
            (iii) Subsequent forward procurements for
        utility-scale wind projects shall solicit at least
        1,000,000 renewable energy credits delivered annually
        per procurement event and shall be planned, scheduled,
        and designed such that the cumulative amount of
        renewable energy credits delivered from all new wind
        projects in each delivery year shall not exceed the
        Agency's projection of the cumulative amount of
        renewable energy credits that will be delivered from
        all new photovoltaic projects, including utility-scale
        and distributed photovoltaic devices, in the same
        delivery year at the time scheduled for wind contract
        delivery.
            (iv) If, at any time after the time set for
        delivery of renewable energy credits pursuant to the
        initial procurements in items (i) and (ii) of this
        subparagraph (G), the cumulative amount of renewable
        energy credits projected to be delivered from all new
        wind projects in a given delivery year exceeds the
        cumulative amount of renewable energy credits
        projected to be delivered from all new photovoltaic
        projects in that delivery year by 200,000 or more
        renewable energy credits, then the Agency shall within
        60 days adjust the procurement programs in the
        long-term renewable resources procurement plan to
        ensure that the projected cumulative amount of
        renewable energy credits to be delivered from all new
        wind projects does not exceed the projected cumulative
        amount of renewable energy credits to be delivered from
        all new photovoltaic projects by 200,000 or more
        renewable energy credits, provided that nothing in
        this Section shall preclude the projected cumulative
        amount of renewable energy credits to be delivered from
        all new photovoltaic projects from exceeding the
        projected cumulative amount of renewable energy
        credits to be delivered from all new wind projects in
        each delivery year and provided further that nothing in
        this item (iv) shall require the curtailment of an
        executed contract. The Agency shall update, on a
        quarterly basis, its projection of the renewable
        energy credits to be delivered from all projects in
        each delivery year. Notwithstanding anything to the
        contrary, the Agency may adjust the timing of
        procurement events conducted under this subparagraph
        (G). The long-term renewable resources procurement
        plan shall set forth the process by which the
        adjustments may be made.
            (v) All procurements under this subparagraph (G)
        shall comply with the geographic requirements in
        subparagraph (I) of this paragraph (1) and shall follow
        the procurement processes and procedures described in
        this Section and Section 16-111.5 of the Public
        Utilities Act to the extent practicable, and these
        processes and procedures may be expedited to
        accommodate the schedule established by this
        subparagraph (G).
        (H) The procurement of renewable energy resources for a
    given delivery year shall be reduced as described in this
    subparagraph (H) if an alternative retail electric
    supplier meets the requirements described in this
    subparagraph (H).
            (i) Within 45 days after June 1, 2017 (the
        effective date of Public Act 99-906), an alternative
        retail electric supplier or its successor shall submit
        an informational filing to the Illinois Commerce
        Commission certifying that, as of December 31, 2015,
        the alternative retail electric supplier owned one or
        more electric generating facilities that generates
        renewable energy resources as defined in Section 1-10
        of this Act, provided that such facilities are not
        powered by wind or photovoltaics, and the facilities
        generate one renewable energy credit for each
        megawatthour of energy produced from the facility.
            The informational filing shall identify each
        facility that was eligible to satisfy the alternative
        retail electric supplier's obligations under Section
        16-115D of the Public Utilities Act as described in
        this item (i).
            (ii) For a given delivery year, the alternative
        retail electric supplier may elect to supply its retail
        customers with renewable energy credits from the
        facility or facilities described in item (i) of this
        subparagraph (H) that continue to be owned by the
        alternative retail electric supplier.
            (iii) The alternative retail electric supplier
        shall notify the Agency and the applicable utility, no
        later than February 28 of the year preceding the
        applicable delivery year or 15 days after June 1, 2017
        (the effective date of Public Act 99-906), whichever is
        later, of its election under item (ii) of this
        subparagraph (H) to supply renewable energy credits to
        retail customers of the utility. Such election shall
        identify the amount of renewable energy credits to be
        supplied by the alternative retail electric supplier
        to the utility's retail customers and the source of the
        renewable energy credits identified in the
        informational filing as described in item (i) of this
        subparagraph (H), subject to the following
        limitations:
                For the delivery year beginning June 1, 2018,
            the maximum amount of renewable energy credits to
            be supplied by an alternative retail electric
            supplier under this subparagraph (H) shall be 68%
            multiplied by 25% multiplied by 14.5% multiplied
            by the amount of metered electricity
            (megawatt-hours) delivered by the alternative
            retail electric supplier to Illinois retail
            customers during the delivery year ending May 31,
            2016.
                For delivery years beginning June 1, 2019 and
            each year thereafter, the maximum amount of
            renewable energy credits to be supplied by an
            alternative retail electric supplier under this
            subparagraph (H) shall be 68% multiplied by 50%
            multiplied by 16% multiplied by the amount of
            metered electricity (megawatt-hours) delivered by
            the alternative retail electric supplier to
            Illinois retail customers during the delivery year
            ending May 31, 2016, provided that the 16% value
            shall increase by 1.5% each delivery year
            thereafter to 25% by the delivery year beginning
            June 1, 2025, and thereafter the 25% value shall
            apply to each delivery year.
            For each delivery year, the total amount of
        renewable energy credits supplied by all alternative
        retail electric suppliers under this subparagraph (H)
        shall not exceed 9% of the Illinois target renewable
        energy credit quantity. The Illinois target renewable
        energy credit quantity for the delivery year beginning
        June 1, 2018 is 14.5% multiplied by the total amount of
        metered electricity (megawatt-hours) delivered in the
        delivery year immediately preceding that delivery
        year, provided that the 14.5% shall increase by 1.5%
        each delivery year thereafter to 25% by the delivery
        year beginning June 1, 2025, and thereafter the 25%
        value shall apply to each delivery year.
            If the requirements set forth in items (i) through
        (iii) of this subparagraph (H) are met, the charges
        that would otherwise be applicable to the retail
        customers of the alternative retail electric supplier
        under paragraph (6) of this subsection (c) for the
        applicable delivery year shall be reduced by the ratio
        of the quantity of renewable energy credits supplied by
        the alternative retail electric supplier compared to
        that supplier's target renewable energy credit
        quantity. The supplier's target renewable energy
        credit quantity for the delivery year beginning June 1,
        2018 is 14.5% multiplied by the total amount of metered
        electricity (megawatt-hours) delivered by the
        alternative retail supplier in that delivery year,
        provided that the 14.5% shall increase by 1.5% each
        delivery year thereafter to 25% by the delivery year
        beginning June 1, 2025, and thereafter the 25% value
        shall apply to each delivery year.
            On or before April 1 of each year, the Agency shall
        annually publish a report on its website that
        identifies the aggregate amount of renewable energy
        credits supplied by alternative retail electric
        suppliers under this subparagraph (H).
        (I) The Agency shall design its long-term renewable
    energy procurement plan to maximize the State's interest in
    the health, safety, and welfare of its residents, including
    but not limited to minimizing sulfur dioxide, nitrogen
    oxide, particulate matter and other pollution that
    adversely affects public health in this State, increasing
    fuel and resource diversity in this State, enhancing the
    reliability and resiliency of the electricity distribution
    system in this State, meeting goals to limit carbon dioxide
    emissions under federal or State law, and contributing to a
    cleaner and healthier environment for the citizens of this
    State. In order to further these legislative purposes,
    renewable energy credits shall be eligible to be counted
    toward the renewable energy requirements of this
    subsection (c) if they are generated from facilities
    located in this State. The Agency may qualify renewable
    energy credits from facilities located in states adjacent
    to Illinois if the generator demonstrates and the Agency
    determines that the operation of such facility or
    facilities will help promote the State's interest in the
    health, safety, and welfare of its residents based on the
    public interest criteria described above. To ensure that
    the public interest criteria are applied to the procurement
    and given full effect, the Agency's long-term procurement
    plan shall describe in detail how each public interest
    factor shall be considered and weighted for facilities
    located in states adjacent to Illinois.
        (J) In order to promote the competitive development of
    renewable energy resources in furtherance of the State's
    interest in the health, safety, and welfare of its
    residents, renewable energy credits shall not be eligible
    to be counted toward the renewable energy requirements of
    this subsection (c) if they are sourced from a generating
    unit whose costs were being recovered through rates
    regulated by this State or any other state or states on or
    after January 1, 2017. Each contract executed to purchase
    renewable energy credits under this subsection (c) shall
    provide for the contract's termination if the costs of the
    generating unit supplying the renewable energy credits
    subsequently begin to be recovered through rates regulated
    by this State or any other state or states; and each
    contract shall further provide that, in that event, the
    supplier of the credits must return 110% of all payments
    received under the contract. Amounts returned under the
    requirements of this subparagraph (J) shall be retained by
    the utility and all of these amounts shall be used for the
    procurement of additional renewable energy credits from
    new wind or new photovoltaic resources as defined in this
    subsection (c). The long-term plan shall provide that these
    renewable energy credits shall be procured in the next
    procurement event.
        Notwithstanding the limitations of this subparagraph
    (J), renewable energy credits sourced from generating
    units that are constructed, purchased, owned, or leased by
    an electric utility as part of an approved project,
    program, or pilot under Section 1-56 of this Act shall be
    eligible to be counted toward the renewable energy
    requirements of this subsection (c), regardless of how the
    costs of these units are recovered.
        (K) The long-term renewable resources procurement plan
    developed by the Agency in accordance with subparagraph (A)
    of this paragraph (1) shall include an Adjustable Block
    program for the procurement of renewable energy credits
    from new photovoltaic projects that are distributed
    renewable energy generation devices or new photovoltaic
    community renewable generation projects. The Adjustable
    Block program shall b