101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5764

 

Introduced , by Rep. Gregory Harris

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the First 2020 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.


LRB101 17112 AMC 66512 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5764LRB101 17112 AMC 66512 b

1    AN ACT to revise the law by combining multiple enactments
2and making technical corrections.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Nature of this Act.
6    (a) This Act may be cited as the First 2020 General
7Revisory Act.
8    (b) This Act is not intended to make any substantive change
9in the law. It reconciles conflicts that have arisen from
10multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12    This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19    (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

 

 

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1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4    (d) Public Acts 100-1178 through 101-621 were considered in
5the preparation of the combining revisories included in this
6Act. Many of those combining revisories contain no striking or
7underscoring because no additional changes are being made in
8the material that is being combined.
 
9    Section 5. The Regulatory Sunset Act is amended by changing
10Sections 4.30 and 4.40 as follows:
 
11    (5 ILCS 80/4.30)
12    Sec. 4.30. Act Acts repealed on January 1, 2020. The
13following Act is Acts are repealed on January 1, 2020:
14    The Illinois Landscape Architecture Act of 1989.
15(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
16100-863, eff. 8-14-18; 101-269, eff. 8-9-19; 101-310, eff.
178-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313,
18eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19;
19101-357, eff. 8-9-19; 101-614, eff. 12-20-19; 101-621, eff.
2012-20-19; revised 1-6-20.)
 
21    (5 ILCS 80/4.40)
22    Sec. 4.40. Acts Act repealed on January 1, 2030. The
23following Acts are Act is repealed on January 1, 2030:

 

 

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1    The Auction License Act.
2    The Illinois Architecture Practice Act of 1989.
3    The Illinois Professional Land Surveyor Act of 1989.
4    The Orthotics, Prosthetics, and Pedorthics Practice Act.
5    The Perfusionist Practice Act.
6    The Professional Engineering Practice Act of 1989.
7    The Real Estate License Act of 2000.
8    The Structural Engineering Practice Act of 1989.
9(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
10101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
118-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
12eff. 8-9-19; revised 9-27-19.)
 
13    Section 10. The Open Meetings Act is amended by changing
14Sections 1.05 and 2 as follows:
 
15    (5 ILCS 120/1.05)
16    Sec. 1.05. Training.
17    (a) Every public body shall designate employees, officers,
18or members to receive training on compliance with this Act.
19Each public body shall submit a list of designated employees,
20officers, or members to the Public Access Counselor. Within 6
21months after January 1, 2010 (the effective date of Public Act
2296-542) this amendatory Act of the 96th General Assembly, the
23designated employees, officers, and members must successfully
24complete an electronic training curriculum, developed and

 

 

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1administered by the Public Access Counselor, and thereafter
2must successfully complete an annual training program.
3Thereafter, whenever a public body designates an additional
4employee, officer, or member to receive this training, that
5person must successfully complete the electronic training
6curriculum within 30 days after that designation.
7    (b) Except as otherwise provided in this Section, each
8elected or appointed member of a public body subject to this
9Act who is such a member on January 1, 2012 (the effective date
10of Public Act 97-504) this amendatory Act of the 97th General
11Assembly must successfully complete the electronic training
12curriculum developed and administered by the Public Access
13Counselor. For these members, the training must be completed
14within one year after January 1, 2012 (the effective date of
15Public Act 97-504) this amendatory Act.
16    Except as otherwise provided in this Section, each elected
17or appointed member of a public body subject to this Act who
18becomes such a member after January 1, 2012 (the effective date
19of Public Act 97-504) this amendatory Act of the 97th General
20Assembly shall successfully complete the electronic training
21curriculum developed and administered by the Public Access
22Counselor. For these members, the training must be completed
23not later than the 90th day after the date the member:
24        (1) takes the oath of office, if the member is required
25    to take an oath of office to assume the person's duties as
26    a member of the public body; or

 

 

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1        (2) otherwise assumes responsibilities as a member of
2    the public body, if the member is not required to take an
3    oath of office to assume the person's duties as a member of
4    the governmental body.
5    Each member successfully completing the electronic
6training curriculum shall file a copy of the certificate of
7completion with the public body.
8    Completing the required training as a member of the public
9body satisfies the requirements of this Section with regard to
10the member's service on a committee or subcommittee of the
11public body and the member's ex officio service on any other
12public body.
13    The failure of one or more members of a public body to
14complete the training required by this Section does not affect
15the validity of an action taken by the public body.
16    An elected or appointed member of a public body subject to
17this Act who has successfully completed the training required
18under this subsection (b) and filed a copy of the certificate
19of completion with the public body is not required to
20subsequently complete the training required under this
21subsection (b).
22    (c) An elected school board member may satisfy the training
23requirements of this Section by participating in a course of
24training sponsored or conducted by an organization created
25under Article 23 of the School Code. The course of training
26shall include, but not be limited to, instruction in:

 

 

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1        (1) the general background of the legal requirements
2    for open meetings;
3        (2) the applicability of this Act to public bodies;
4        (3) procedures and requirements regarding quorums,
5    notice, and record-keeping under this Act;
6        (4) procedures and requirements for holding an open
7    meeting and for holding a closed meeting under this Act;
8    and
9        (5) penalties and other consequences for failing to
10    comply with this Act.
11    If an organization created under Article 23 of the School
12Code provides a course of training under this subsection (c),
13it must provide a certificate of course completion to each
14school board member who successfully completes that course of
15training.
16    (d) A commissioner of a drainage district may satisfy the
17training requirements of this Section by participating in a
18course of training sponsored or conducted by an organization
19that represents the drainage districts created under the
20Illinois Drainage Code. The course of training shall include,
21but not be limited to, instruction in:
22        (1) the general background of the legal requirements
23    for open meetings;
24        (2) the applicability of this Act to public bodies;
25        (3) procedures and requirements regarding quorums,
26    notice, and record-keeping under this Act;

 

 

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1        (4) procedures and requirements for holding an open
2    meeting and for holding a closed meeting under this Act;
3    and
4        (5) penalties and other consequences for failing to
5    comply with this Act.
6    If an organization that represents the drainage districts
7created under the Illinois Drainage Code provides a course of
8training under this subsection (d), it must provide a
9certificate of course completion to each commissioner who
10successfully completes that course of training.
11    (e) A director of a soil and water conservation district
12may satisfy the training requirements of this Section by
13participating in a course of training sponsored or conducted by
14an organization that represents soil and water conservation
15districts created under the Soil and Water Conservation
16Districts Act. The course of training shall include, but not be
17limited to, instruction in:
18        (1) the general background of the legal requirements
19    for open meetings;
20        (2) the applicability of this Act to public bodies;
21        (3) procedures and requirements regarding quorums,
22    notice, and record-keeping under this Act;
23        (4) procedures and requirements for holding an open
24    meeting and for holding a closed meeting under this Act;
25    and
26        (5) penalties and other consequences for failing to

 

 

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1    comply with this Act.
2    If an organization that represents the soil and water
3conservation districts created under the Soil and Water
4Conservation Districts Act provides a course of training under
5this subsection (e), it must provide a certificate of course
6completion to each director who successfully completes that
7course of training.
8    (f) An elected or appointed member of a public body of a
9park district, forest preserve district, or conservation
10district may satisfy the training requirements of this Section
11by participating in a course of training sponsored or conducted
12by an organization that represents the park districts created
13in the Park District Code. The course of training shall
14include, but not be limited to, instruction in:
15        (1) the general background of the legal requirements
16    for open meetings;
17        (2) the applicability of this Act to public bodies;
18        (3) procedures and requirements regarding quorums,
19    notice, and record-keeping under this Act;
20        (4) procedures and requirements for holding an open
21    meeting and for holding a closed meeting under this Act;
22    and
23        (5) penalties and other consequences for failing to
24    comply with this Act.
25    If an organization that represents the park districts
26created in the Park District Code provides a course of training

 

 

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1under this subsection (f), it must provide a certificate of
2course completion to each elected or appointed member of a
3public body who successfully completes that course of training.
4    (g) An elected or appointed member of the board of trustees
5of a fire protection district may satisfy the training
6requirements of this Section by participating in a course of
7training sponsored or conducted by an organization that
8represents fire protection districts created under the Fire
9Protection District Act. The course of training shall include,
10but not be limited to, instruction in:
11        (1) the general background of the legal requirements
12    for open meetings;
13        (2) the applicability of this Act to public bodies;
14        (3) procedures and requirements regarding quorums,
15    notice, and record-keeping under this Act;
16        (4) procedures and requirements for holding an open
17    meeting and for holding a closed meeting under this Act;
18    and
19        (5) penalties and other consequences for failing to
20    comply with this Act.
21    If an organization that represents fire protection
22districts organized under the Fire Protection District Act
23provides a course of training under this subsection (g), it
24must provide a certificate of course completion to each elected
25or appointed member of a board of trustees who successfully
26completes that course of training.

 

 

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1    (h) (g) An elected or appointed member of a public body of
2a municipality may satisfy the training requirements of this
3Section by participating in a course of training sponsored or
4conducted by an organization that represents municipalities as
5designated in Section 1-8-1 of the Illinois Municipal Code. The
6course of training shall include, but not be limited to,
7instruction in:
8        (1) the general background of the legal requirements
9    for open meetings;
10        (2) the applicability of this Act to public bodies;
11        (3) procedures and requirements regarding quorums,
12    notice, and record-keeping under this Act;
13        (4) procedures and requirements for holding an open
14    meeting and for holding a closed meeting under this Act;
15    and
16        (5) penalties and other consequences for failing to
17    comply with this Act.
18    If an organization that represents municipalities as
19designated in Section 1-8-1 of the Illinois Municipal Code
20provides a course of training under this subsection (h) (g), it
21must provide a certificate of course completion to each elected
22or appointed member of a public body who successfully completes
23that course of training.
24(Source: P.A. 100-1127, eff. 11-27-18; 101-233, eff. 1-1-20;
25revised 9-27-19.)
 

 

 

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1    (5 ILCS 120/2)  (from Ch. 102, par. 42)
2    Sec. 2. Open meetings.
3    (a) Openness required. All meetings of public bodies shall
4be open to the public unless excepted in subsection (c) and
5closed in accordance with Section 2a.
6    (b) Construction of exceptions. The exceptions contained
7in subsection (c) are in derogation of the requirement that
8public bodies meet in the open, and therefore, the exceptions
9are to be strictly construed, extending only to subjects
10clearly within their scope. The exceptions authorize but do not
11require the holding of a closed meeting to discuss a subject
12included within an enumerated exception.
13    (c) Exceptions. A public body may hold closed meetings to
14consider the following subjects:
15        (1) The appointment, employment, compensation,
16    discipline, performance, or dismissal of specific
17    employees, specific individuals who serve as independent
18    contractors in a park, recreational, or educational
19    setting, or specific volunteers of the public body or legal
20    counsel for the public body, including hearing testimony on
21    a complaint lodged against an employee, a specific
22    individual who serves as an independent contractor in a
23    park, recreational, or educational setting, or a volunteer
24    of the public body or against legal counsel for the public
25    body to determine its validity. However, a meeting to
26    consider an increase in compensation to a specific employee

 

 

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1    of a public body that is subject to the Local Government
2    Wage Increase Transparency Act may not be closed and shall
3    be open to the public and posted and held in accordance
4    with this Act.
5        (2) Collective negotiating matters between the public
6    body and its employees or their representatives, or
7    deliberations concerning salary schedules for one or more
8    classes of employees.
9        (3) The selection of a person to fill a public office,
10    as defined in this Act, including a vacancy in a public
11    office, when the public body is given power to appoint
12    under law or ordinance, or the discipline, performance or
13    removal of the occupant of a public office, when the public
14    body is given power to remove the occupant under law or
15    ordinance.
16        (4) Evidence or testimony presented in open hearing, or
17    in closed hearing where specifically authorized by law, to
18    a quasi-adjudicative body, as defined in this Act, provided
19    that the body prepares and makes available for public
20    inspection a written decision setting forth its
21    determinative reasoning.
22        (5) The purchase or lease of real property for the use
23    of the public body, including meetings held for the purpose
24    of discussing whether a particular parcel should be
25    acquired.
26        (6) The setting of a price for sale or lease of

 

 

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1    property owned by the public body.
2        (7) The sale or purchase of securities, investments, or
3    investment contracts. This exception shall not apply to the
4    investment of assets or income of funds deposited into the
5    Illinois Prepaid Tuition Trust Fund.
6        (8) Security procedures, school building safety and
7    security, and the use of personnel and equipment to respond
8    to an actual, a threatened, or a reasonably potential
9    danger to the safety of employees, students, staff, the
10    public, or public property.
11        (9) Student disciplinary cases.
12        (10) The placement of individual students in special
13    education programs and other matters relating to
14    individual students.
15        (11) Litigation, when an action against, affecting or
16    on behalf of the particular public body has been filed and
17    is pending before a court or administrative tribunal, or
18    when the public body finds that an action is probable or
19    imminent, in which case the basis for the finding shall be
20    recorded and entered into the minutes of the closed
21    meeting.
22        (12) The establishment of reserves or settlement of
23    claims as provided in the Local Governmental and
24    Governmental Employees Tort Immunity Act, if otherwise the
25    disposition of a claim or potential claim might be
26    prejudiced, or the review or discussion of claims, loss or

 

 

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1    risk management information, records, data, advice or
2    communications from or with respect to any insurer of the
3    public body or any intergovernmental risk management
4    association or self insurance pool of which the public body
5    is a member.
6        (13) Conciliation of complaints of discrimination in
7    the sale or rental of housing, when closed meetings are
8    authorized by the law or ordinance prescribing fair housing
9    practices and creating a commission or administrative
10    agency for their enforcement.
11        (14) Informant sources, the hiring or assignment of
12    undercover personnel or equipment, or ongoing, prior or
13    future criminal investigations, when discussed by a public
14    body with criminal investigatory responsibilities.
15        (15) Professional ethics or performance when
16    considered by an advisory body appointed to advise a
17    licensing or regulatory agency on matters germane to the
18    advisory body's field of competence.
19        (16) Self evaluation, practices and procedures or
20    professional ethics, when meeting with a representative of
21    a statewide association of which the public body is a
22    member.
23        (17) The recruitment, credentialing, discipline or
24    formal peer review of physicians or other health care
25    professionals, or for the discussion of matters protected
26    under the federal Patient Safety and Quality Improvement

 

 

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1    Act of 2005, and the regulations promulgated thereunder,
2    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
3    Health Insurance Portability and Accountability Act of
4    1996, and the regulations promulgated thereunder,
5    including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
6    or other institution providing medical care, that is
7    operated by the public body.
8        (18) Deliberations for decisions of the Prisoner
9    Review Board.
10        (19) Review or discussion of applications received
11    under the Experimental Organ Transplantation Procedures
12    Act.
13        (20) The classification and discussion of matters
14    classified as confidential or continued confidential by
15    the State Government Suggestion Award Board.
16        (21) Discussion of minutes of meetings lawfully closed
17    under this Act, whether for purposes of approval by the
18    body of the minutes or semi-annual review of the minutes as
19    mandated by Section 2.06.
20        (22) Deliberations for decisions of the State
21    Emergency Medical Services Disciplinary Review Board.
22        (23) The operation by a municipality of a municipal
23    utility or the operation of a municipal power agency or
24    municipal natural gas agency when the discussion involves
25    (i) contracts relating to the purchase, sale, or delivery
26    of electricity or natural gas or (ii) the results or

 

 

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1    conclusions of load forecast studies.
2        (24) Meetings of a residential health care facility
3    resident sexual assault and death review team or the
4    Executive Council under the Abuse Prevention Review Team
5    Act.
6        (25) Meetings of an independent team of experts under
7    Brian's Law.
8        (26) Meetings of a mortality review team appointed
9    under the Department of Juvenile Justice Mortality Review
10    Team Act.
11        (27) (Blank).
12        (28) Correspondence and records (i) that may not be
13    disclosed under Section 11-9 of the Illinois Public Aid
14    Code or (ii) that pertain to appeals under Section 11-8 of
15    the Illinois Public Aid Code.
16        (29) Meetings between internal or external auditors
17    and governmental audit committees, finance committees, and
18    their equivalents, when the discussion involves internal
19    control weaknesses, identification of potential fraud risk
20    areas, known or suspected frauds, and fraud interviews
21    conducted in accordance with generally accepted auditing
22    standards of the United States of America.
23        (30) Those meetings or portions of meetings of a
24    fatality review team or the Illinois Fatality Review Team
25    Advisory Council during which a review of the death of an
26    eligible adult in which abuse or neglect is suspected,

 

 

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1    alleged, or substantiated is conducted pursuant to Section
2    15 of the Adult Protective Services Act.
3        (31) Meetings and deliberations for decisions of the
4    Concealed Carry Licensing Review Board under the Firearm
5    Concealed Carry Act.
6        (32) Meetings between the Regional Transportation
7    Authority Board and its Service Boards when the discussion
8    involves review by the Regional Transportation Authority
9    Board of employment contracts under Section 28d of the
10    Metropolitan Transit Authority Act and Sections 3A.18 and
11    3B.26 of the Regional Transportation Authority Act.
12        (33) Those meetings or portions of meetings of the
13    advisory committee and peer review subcommittee created
14    under Section 320 of the Illinois Controlled Substances Act
15    during which specific controlled substance prescriber,
16    dispenser, or patient information is discussed.
17        (34) Meetings of the Tax Increment Financing Reform
18    Task Force under Section 2505-800 of the Department of
19    Revenue Law of the Civil Administrative Code of Illinois.
20        (35) Meetings of the group established to discuss
21    Medicaid capitation rates under Section 5-30.8 of the
22    Illinois Public Aid Code.
23        (36) Those deliberations or portions of deliberations
24    for decisions of the Illinois Gaming Board in which there
25    is discussed any of the following: (i) personal,
26    commercial, financial, or other information obtained from

 

 

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1    any source that is privileged, proprietary, confidential,
2    or a trade secret; or (ii) information specifically
3    exempted from the disclosure by federal or State law.
4    (d) Definitions. For purposes of this Section:
5    "Employee" means a person employed by a public body whose
6relationship with the public body constitutes an
7employer-employee relationship under the usual common law
8rules, and who is not an independent contractor.
9    "Public office" means a position created by or under the
10Constitution or laws of this State, the occupant of which is
11charged with the exercise of some portion of the sovereign
12power of this State. The term "public office" shall include
13members of the public body, but it shall not include
14organizational positions filled by members thereof, whether
15established by law or by a public body itself, that exist to
16assist the body in the conduct of its business.
17    "Quasi-adjudicative body" means an administrative body
18charged by law or ordinance with the responsibility to conduct
19hearings, receive evidence or testimony and make
20determinations based thereon, but does not include local
21electoral boards when such bodies are considering petition
22challenges.
23    (e) Final action. No final action may be taken at a closed
24meeting. Final action shall be preceded by a public recital of
25the nature of the matter being considered and other information
26that will inform the public of the business being conducted.

 

 

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1(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
2100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
38-23-19; revised 9-27-19.)
 
4    Section 15. The Freedom of Information Act is amended by
5changing Sections 7 and 7.5 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from disclosure
10under this Section, but also contains information that is not
11exempt from disclosure, the public body may elect to redact the
12information that is exempt. The public body shall make the
13remaining information available for inspection and copying.
14Subject to this requirement, the following shall be exempt from
15inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and regulations
18    implementing federal or State law.
19        (b) Private information, unless disclosure is required
20    by another provision of this Act, a State or federal law or
21    a court order.
22        (b-5) Files, documents, and other data or databases
23    maintained by one or more law enforcement agencies and
24    specifically designed to provide information to one or more

 

 

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1    law enforcement agencies regarding the physical or mental
2    status of one or more individual subjects.
3        (c) Personal information contained within public
4    records, the disclosure of which would constitute a clearly
5    unwarranted invasion of personal privacy, unless the
6    disclosure is consented to in writing by the individual
7    subjects of the information. "Unwarranted invasion of
8    personal privacy" means the disclosure of information that
9    is highly personal or objectionable to a reasonable person
10    and in which the subject's right to privacy outweighs any
11    legitimate public interest in obtaining the information.
12    The disclosure of information that bears on the public
13    duties of public employees and officials shall not be
14    considered an invasion of personal privacy.
15        (d) Records in the possession of any public body
16    created in the course of administrative enforcement
17    proceedings, and any law enforcement or correctional
18    agency for law enforcement purposes, but only to the extent
19    that disclosure would:
20            (i) interfere with pending or actually and
21        reasonably contemplated law enforcement proceedings
22        conducted by any law enforcement or correctional
23        agency that is the recipient of the request;
24            (ii) interfere with active administrative
25        enforcement proceedings conducted by the public body
26        that is the recipient of the request;

 

 

HB5764- 21 -LRB101 17112 AMC 66512 b

1            (iii) create a substantial likelihood that a
2        person will be deprived of a fair trial or an impartial
3        hearing;
4            (iv) unavoidably disclose the identity of a
5        confidential source, confidential information
6        furnished only by the confidential source, or persons
7        who file complaints with or provide information to
8        administrative, investigative, law enforcement, or
9        penal agencies; except that the identities of
10        witnesses to traffic accidents, traffic accident
11        reports, and rescue reports shall be provided by
12        agencies of local government, except when disclosure
13        would interfere with an active criminal investigation
14        conducted by the agency that is the recipient of the
15        request;
16            (v) disclose unique or specialized investigative
17        techniques other than those generally used and known or
18        disclose internal documents of correctional agencies
19        related to detection, observation or investigation of
20        incidents of crime or misconduct, and disclosure would
21        result in demonstrable harm to the agency or public
22        body that is the recipient of the request;
23            (vi) endanger the life or physical safety of law
24        enforcement personnel or any other person; or
25            (vii) obstruct an ongoing criminal investigation
26        by the agency that is the recipient of the request.

 

 

HB5764- 22 -LRB101 17112 AMC 66512 b

1        (d-5) A law enforcement record created for law
2    enforcement purposes and contained in a shared electronic
3    record management system if the law enforcement agency that
4    is the recipient of the request did not create the record,
5    did not participate in or have a role in any of the events
6    which are the subject of the record, and only has access to
7    the record through the shared electronic record management
8    system.
9        (e) Records that relate to or affect the security of
10    correctional institutions and detention facilities.
11        (e-5) Records requested by persons committed to the
12    Department of Corrections, Department of Human Services
13    Division of Mental Health, or a county jail if those
14    materials are available in the library of the correctional
15    institution or facility or jail where the inmate is
16    confined.
17        (e-6) Records requested by persons committed to the
18    Department of Corrections, Department of Human Services
19    Division of Mental Health, or a county jail if those
20    materials include records from staff members' personnel
21    files, staff rosters, or other staffing assignment
22    information.
23        (e-7) Records requested by persons committed to the
24    Department of Corrections or Department of Human Services
25    Division of Mental Health if those materials are available
26    through an administrative request to the Department of

 

 

HB5764- 23 -LRB101 17112 AMC 66512 b

1    Corrections or Department of Human Services Division of
2    Mental Health.
3        (e-8) Records requested by a person committed to the
4    Department of Corrections, Department of Human Services
5    Division of Mental Health, or a county jail, the disclosure
6    of which would result in the risk of harm to any person or
7    the risk of an escape from a jail or correctional
8    institution or facility.
9        (e-9) Records requested by a person in a county jail or
10    committed to the Department of Corrections or Department of
11    Human Services Division of Mental Health, containing
12    personal information pertaining to the person's victim or
13    the victim's family, including, but not limited to, a
14    victim's home address, home telephone number, work or
15    school address, work telephone number, social security
16    number, or any other identifying information, except as may
17    be relevant to a requester's current or potential case or
18    claim.
19        (e-10) Law enforcement records of other persons
20    requested by a person committed to the Department of
21    Corrections, Department of Human Services Division of
22    Mental Health, or a county jail, including, but not limited
23    to, arrest and booking records, mug shots, and crime scene
24    photographs, except as these records may be relevant to the
25    requester's current or potential case or claim.
26        (f) Preliminary drafts, notes, recommendations,

 

 

HB5764- 24 -LRB101 17112 AMC 66512 b

1    memoranda and other records in which opinions are
2    expressed, or policies or actions are formulated, except
3    that a specific record or relevant portion of a record
4    shall not be exempt when the record is publicly cited and
5    identified by the head of the public body. The exemption
6    provided in this paragraph (f) extends to all those records
7    of officers and agencies of the General Assembly that
8    pertain to the preparation of legislative documents.
9        (g) Trade secrets and commercial or financial
10    information obtained from a person or business where the
11    trade secrets or commercial or financial information are
12    furnished under a claim that they are proprietary,
13    privileged, or confidential, and that disclosure of the
14    trade secrets or commercial or financial information would
15    cause competitive harm to the person or business, and only
16    insofar as the claim directly applies to the records
17    requested.
18        The information included under this exemption includes
19    all trade secrets and commercial or financial information
20    obtained by a public body, including a public pension fund,
21    from a private equity fund or a privately held company
22    within the investment portfolio of a private equity fund as
23    a result of either investing or evaluating a potential
24    investment of public funds in a private equity fund. The
25    exemption contained in this item does not apply to the
26    aggregate financial performance information of a private

 

 

HB5764- 25 -LRB101 17112 AMC 66512 b

1    equity fund, nor to the identity of the fund's managers or
2    general partners. The exemption contained in this item does
3    not apply to the identity of a privately held company
4    within the investment portfolio of a private equity fund,
5    unless the disclosure of the identity of a privately held
6    company may cause competitive harm.
7        Nothing contained in this paragraph (g) shall be
8    construed to prevent a person or business from consenting
9    to disclosure.
10        (h) Proposals and bids for any contract, grant, or
11    agreement, including information which if it were
12    disclosed would frustrate procurement or give an advantage
13    to any person proposing to enter into a contractor
14    agreement with the body, until an award or final selection
15    is made. Information prepared by or for the body in
16    preparation of a bid solicitation shall be exempt until an
17    award or final selection is made.
18        (i) Valuable formulae, computer geographic systems,
19    designs, drawings and research data obtained or produced by
20    any public body when disclosure could reasonably be
21    expected to produce private gain or public loss. The
22    exemption for "computer geographic systems" provided in
23    this paragraph (i) does not extend to requests made by news
24    media as defined in Section 2 of this Act when the
25    requested information is not otherwise exempt and the only
26    purpose of the request is to access and disseminate

 

 

HB5764- 26 -LRB101 17112 AMC 66512 b

1    information regarding the health, safety, welfare, or
2    legal rights of the general public.
3        (j) The following information pertaining to
4    educational matters:
5            (i) test questions, scoring keys and other
6        examination data used to administer an academic
7        examination;
8            (ii) information received by a primary or
9        secondary school, college, or university under its
10        procedures for the evaluation of faculty members by
11        their academic peers;
12            (iii) information concerning a school or
13        university's adjudication of student disciplinary
14        cases, but only to the extent that disclosure would
15        unavoidably reveal the identity of the student; and
16            (iv) course materials or research materials used
17        by faculty members.
18        (k) Architects' plans, engineers' technical
19    submissions, and other construction related technical
20    documents for projects not constructed or developed in
21    whole or in part with public funds and the same for
22    projects constructed or developed with public funds,
23    including, but not limited to, power generating and
24    distribution stations and other transmission and
25    distribution facilities, water treatment facilities,
26    airport facilities, sport stadiums, convention centers,

 

 

HB5764- 27 -LRB101 17112 AMC 66512 b

1    and all government owned, operated, or occupied buildings,
2    but only to the extent that disclosure would compromise
3    security.
4        (l) Minutes of meetings of public bodies closed to the
5    public as provided in the Open Meetings Act until the
6    public body makes the minutes available to the public under
7    Section 2.06 of the Open Meetings Act.
8        (m) Communications between a public body and an
9    attorney or auditor representing the public body that would
10    not be subject to discovery in litigation, and materials
11    prepared or compiled by or for a public body in
12    anticipation of a criminal, civil, or administrative
13    proceeding upon the request of an attorney advising the
14    public body, and materials prepared or compiled with
15    respect to internal audits of public bodies.
16        (n) Records relating to a public body's adjudication of
17    employee grievances or disciplinary cases; however, this
18    exemption shall not extend to the final outcome of cases in
19    which discipline is imposed.
20        (o) Administrative or technical information associated
21    with automated data processing operations, including, but
22    not limited to, software, operating protocols, computer
23    program abstracts, file layouts, source listings, object
24    modules, load modules, user guides, documentation
25    pertaining to all logical and physical design of
26    computerized systems, employee manuals, and any other

 

 

HB5764- 28 -LRB101 17112 AMC 66512 b

1    information that, if disclosed, would jeopardize the
2    security of the system or its data or the security of
3    materials exempt under this Section.
4        (p) Records relating to collective negotiating matters
5    between public bodies and their employees or
6    representatives, except that any final contract or
7    agreement shall be subject to inspection and copying.
8        (q) Test questions, scoring keys, and other
9    examination data used to determine the qualifications of an
10    applicant for a license or employment.
11        (r) The records, documents, and information relating
12    to real estate purchase negotiations until those
13    negotiations have been completed or otherwise terminated.
14    With regard to a parcel involved in a pending or actually
15    and reasonably contemplated eminent domain proceeding
16    under the Eminent Domain Act, records, documents, and
17    information relating to that parcel shall be exempt except
18    as may be allowed under discovery rules adopted by the
19    Illinois Supreme Court. The records, documents, and
20    information relating to a real estate sale shall be exempt
21    until a sale is consummated.
22        (s) Any and all proprietary information and records
23    related to the operation of an intergovernmental risk
24    management association or self-insurance pool or jointly
25    self-administered health and accident cooperative or pool.
26    Insurance or self insurance (including any

 

 

HB5764- 29 -LRB101 17112 AMC 66512 b

1    intergovernmental risk management association or self
2    insurance pool) claims, loss or risk management
3    information, records, data, advice or communications.
4        (t) Information contained in or related to
5    examination, operating, or condition reports prepared by,
6    on behalf of, or for the use of a public body responsible
7    for the regulation or supervision of financial
8    institutions, insurance companies, or pharmacy benefit
9    managers, unless disclosure is otherwise required by State
10    law.
11        (u) Information that would disclose or might lead to
12    the disclosure of secret or confidential information,
13    codes, algorithms, programs, or private keys intended to be
14    used to create electronic or digital signatures under the
15    Electronic Commerce Security Act.
16        (v) Vulnerability assessments, security measures, and
17    response policies or plans that are designed to identify,
18    prevent, or respond to potential attacks upon a community's
19    population or systems, facilities, or installations, the
20    destruction or contamination of which would constitute a
21    clear and present danger to the health or safety of the
22    community, but only to the extent that disclosure could
23    reasonably be expected to jeopardize the effectiveness of
24    the measures or the safety of the personnel who implement
25    them or the public. Information exempt under this item may
26    include such things as details pertaining to the

 

 

HB5764- 30 -LRB101 17112 AMC 66512 b

1    mobilization or deployment of personnel or equipment, to
2    the operation of communication systems or protocols, or to
3    tactical operations.
4        (w) (Blank).
5        (x) Maps and other records regarding the location or
6    security of generation, transmission, distribution,
7    storage, gathering, treatment, or switching facilities
8    owned by a utility, by a power generator, or by the
9    Illinois Power Agency.
10        (y) Information contained in or related to proposals,
11    bids, or negotiations related to electric power
12    procurement under Section 1-75 of the Illinois Power Agency
13    Act and Section 16-111.5 of the Public Utilities Act that
14    is determined to be confidential and proprietary by the
15    Illinois Power Agency or by the Illinois Commerce
16    Commission.
17        (z) Information about students exempted from
18    disclosure under Sections 10-20.38 or 34-18.29 of the
19    School Code, and information about undergraduate students
20    enrolled at an institution of higher education exempted
21    from disclosure under Section 25 of the Illinois Credit
22    Card Marketing Act of 2009.
23        (aa) Information the disclosure of which is exempted
24    under the Viatical Settlements Act of 2009.
25        (bb) Records and information provided to a mortality
26    review team and records maintained by a mortality review

 

 

HB5764- 31 -LRB101 17112 AMC 66512 b

1    team appointed under the Department of Juvenile Justice
2    Mortality Review Team Act.
3        (cc) Information regarding interments, entombments, or
4    inurnments of human remains that are submitted to the
5    Cemetery Oversight Database under the Cemetery Care Act or
6    the Cemetery Oversight Act, whichever is applicable.
7        (dd) Correspondence and records (i) that may not be
8    disclosed under Section 11-9 of the Illinois Public Aid
9    Code or (ii) that pertain to appeals under Section 11-8 of
10    the Illinois Public Aid Code.
11        (ee) The names, addresses, or other personal
12    information of persons who are minors and are also
13    participants and registrants in programs of park
14    districts, forest preserve districts, conservation
15    districts, recreation agencies, and special recreation
16    associations.
17        (ff) The names, addresses, or other personal
18    information of participants and registrants in programs of
19    park districts, forest preserve districts, conservation
20    districts, recreation agencies, and special recreation
21    associations where such programs are targeted primarily to
22    minors.
23        (gg) Confidential information described in Section
24    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
25        (hh) The report submitted to the State Board of
26    Education by the School Security and Standards Task Force

 

 

HB5764- 32 -LRB101 17112 AMC 66512 b

1    under item (8) of subsection (d) of Section 2-3.160 of the
2    School Code and any information contained in that report.
3        (ii) Records requested by persons committed to or
4    detained by the Department of Human Services under the
5    Sexually Violent Persons Commitment Act or committed to the
6    Department of Corrections under the Sexually Dangerous
7    Persons Act if those materials: (i) are available in the
8    library of the facility where the individual is confined;
9    (ii) include records from staff members' personnel files,
10    staff rosters, or other staffing assignment information;
11    or (iii) are available through an administrative request to
12    the Department of Human Services or the Department of
13    Corrections.
14        (jj) Confidential information described in Section
15    5-535 of the Civil Administrative Code of Illinois.
16        (kk) The public body's credit card numbers, debit card
17    numbers, bank account numbers, Federal Employer
18    Identification Number, security code numbers, passwords,
19    and similar account information, the disclosure of which
20    could result in identity theft or impression or defrauding
21    of a governmental entity or a person.
22        (ll) (kk) Records concerning the work of the threat
23    assessment team of a school district.
24    (1.5) Any information exempt from disclosure under the
25Judicial Privacy Act shall be redacted from public records
26prior to disclosure under this Act.

 

 

HB5764- 33 -LRB101 17112 AMC 66512 b

1    (2) A public record that is not in the possession of a
2public body but is in the possession of a party with whom the
3agency has contracted to perform a governmental function on
4behalf of the public body, and that directly relates to the
5governmental function and is not otherwise exempt under this
6Act, shall be considered a public record of the public body,
7for purposes of this Act.
8    (3) This Section does not authorize withholding of
9information or limit the availability of records to the public,
10except as stated in this Section or otherwise provided in this
11Act.
12(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
13100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
141-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
15    (5 ILCS 140/7.5)
16    Sec. 7.5. Statutory exemptions. To the extent provided for
17by the statutes referenced below, the following shall be exempt
18from inspection and copying:
19        (a) All information determined to be confidential
20    under Section 4002 of the Technology Advancement and
21    Development Act.
22        (b) Library circulation and order records identifying
23    library users with specific materials under the Library
24    Records Confidentiality Act.
25        (c) Applications, related documents, and medical

 

 

HB5764- 34 -LRB101 17112 AMC 66512 b

1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other records
3    prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy

 

 

HB5764- 35 -LRB101 17112 AMC 66512 b

1    plan submitted to a municipality in accordance with a local
2    emergency energy plan ordinance that is adopted under
3    Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by carriers
6    under the Emergency Telephone System Act.
7        (k) Law enforcement officer identification information
8    or driver identification information compiled by a law
9    enforcement agency or the Department of Transportation
10    under Section 11-212 of the Illinois Vehicle Code.
11        (l) Records and information provided to a residential
12    health care facility resident sexual assault and death
13    review team or the Executive Council under the Abuse
14    Prevention Review Team Act.
15        (m) Information provided to the predatory lending
16    database created pursuant to Article 3 of the Residential
17    Real Property Disclosure Act, except to the extent
18    authorized under that Article.
19        (n) Defense budgets and petitions for certification of
20    compensation and expenses for court appointed trial
21    counsel as provided under Sections 10 and 15 of the Capital
22    Crimes Litigation Act. This subsection (n) shall apply
23    until the conclusion of the trial of the case, even if the
24    prosecution chooses not to pursue the death penalty prior
25    to trial or sentencing.
26        (o) Information that is prohibited from being

 

 

HB5764- 36 -LRB101 17112 AMC 66512 b

1    disclosed under Section 4 of the Illinois Health and
2    Hazardous Substances Registry Act.
3        (p) Security portions of system safety program plans,
4    investigation reports, surveys, schedules, lists, data, or
5    information compiled, collected, or prepared by or for the
6    Regional Transportation Authority under Section 2.11 of
7    the Regional Transportation Authority Act or the St. Clair
8    County Transit District under the Bi-State Transit Safety
9    Act.
10        (q) Information prohibited from being disclosed by the
11    Personnel Record Review Act.
12        (r) Information prohibited from being disclosed by the
13    Illinois School Student Records Act.
14        (s) Information the disclosure of which is restricted
15    under Section 5-108 of the Public Utilities Act.
16        (t) All identified or deidentified health information
17    in the form of health data or medical records contained in,
18    stored in, submitted to, transferred by, or released from
19    the Illinois Health Information Exchange, and identified
20    or deidentified health information in the form of health
21    data and medical records of the Illinois Health Information
22    Exchange in the possession of the Illinois Health
23    Information Exchange Authority due to its administration
24    of the Illinois Health Information Exchange. The terms
25    "identified" and "deidentified" shall be given the same
26    meaning as in the Health Insurance Portability and

 

 

HB5764- 37 -LRB101 17112 AMC 66512 b

1    Accountability Act of 1996, Public Law 104-191, or any
2    subsequent amendments thereto, and any regulations
3    promulgated thereunder.
4        (u) Records and information provided to an independent
5    team of experts under the Developmental Disability and
6    Mental Health Safety Act (also known as Brian's Law).
7        (v) Names and information of people who have applied
8    for or received Firearm Owner's Identification Cards under
9    the Firearm Owners Identification Card Act or applied for
10    or received a concealed carry license under the Firearm
11    Concealed Carry Act, unless otherwise authorized by the
12    Firearm Concealed Carry Act; and databases under the
13    Firearm Concealed Carry Act, records of the Concealed Carry
14    Licensing Review Board under the Firearm Concealed Carry
15    Act, and law enforcement agency objections under the
16    Firearm Concealed Carry Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

HB5764- 38 -LRB101 17112 AMC 66512 b

1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of an
3    eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Information that is exempted from disclosure
22    under the Revised Uniform Unclaimed Property Act.
23        (gg) Information that is prohibited from being
24    disclosed under Section 7-603.5 of the Illinois Vehicle
25    Code.
26        (hh) Records that are exempt from disclosure under

 

 

HB5764- 39 -LRB101 17112 AMC 66512 b

1    Section 1A-16.7 of the Election Code.
2        (ii) Information which is exempted from disclosure
3    under Section 2505-800 of the Department of Revenue Law of
4    the Civil Administrative Code of Illinois.
5        (jj) Information and reports that are required to be
6    submitted to the Department of Labor by registering day and
7    temporary labor service agencies but are exempt from
8    disclosure under subsection (a-1) of Section 45 of the Day
9    and Temporary Labor Services Act.
10        (kk) Information prohibited from disclosure under the
11    Seizure and Forfeiture Reporting Act.
12        (ll) Information the disclosure of which is restricted
13    and exempted under Section 5-30.8 of the Illinois Public
14    Aid Code.
15        (mm) Records that are exempt from disclosure under
16    Section 4.2 of the Crime Victims Compensation Act.
17        (nn) Information that is exempt from disclosure under
18    Section 70 of the Higher Education Student Assistance Act.
19        (oo) Communications, notes, records, and reports
20    arising out of a peer support counseling session prohibited
21    from disclosure under the First Responders Suicide
22    Prevention Act.
23        (pp) Names and all identifying information relating to
24    an employee of an emergency services provider or law
25    enforcement agency under the First Responders Suicide
26    Prevention Act.

 

 

HB5764- 40 -LRB101 17112 AMC 66512 b

1        (qq) Information and records held by the Department of
2    Public Health and its authorized representatives collected
3    under the Reproductive Health Act.
4        (rr) Information that is exempt from disclosure under
5    the Cannabis Regulation and Tax Act.
6        (ss) Data reported by an employer to the Department of
7    Human Rights pursuant to Section 2-108 of the Illinois
8    Human Rights Act.
9        (tt) Recordings made under the Children's Advocacy
10    Center Act, except to the extent authorized under that Act.
11        (uu) Information that is exempt from disclosure under
12    Section 50 of the Sexual Assault Evidence Submission Act.
13        (vv) Information that is exempt from disclosure under
14    subsections (f) and (j) of Section 5-36 of the Illinois
15    Public Aid Code.
16        (ww) Information that is exempt from disclosure under
17    Section 16.8 of the State Treasurer Act.
18        (xx) Information that is exempt from disclosure or
19    information that shall not be made public under the
20    Illinois Insurance Code.
21        (yy) (oo) Information prohibited from being disclosed
22    under the Illinois Educational Labor Relations Act.
23        (zz) (pp) Information prohibited from being disclosed
24    under the Illinois Public Labor Relations Act.
25        (aaa) (qq) Information prohibited from being disclosed
26    under Section 1-167 of the Illinois Pension Code.

 

 

HB5764- 41 -LRB101 17112 AMC 66512 b

1(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
2100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
38-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
4eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
5100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
66-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
7eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
8101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
91-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised
101-6-20.)
 
11    Section 20. The State Records Act is amended by changing
12Section 3 as follows:
 
13    (5 ILCS 160/3)  (from Ch. 116, par. 43.6)
14    Sec. 3. Records as property of State.
15    (a) All records created or received by or under the
16authority of or coming into the custody, control, or possession
17of public officials of this State in the course of their public
18duties are the property of the State. These records may not be
19mutilated, destroyed, transferred, removed, or otherwise
20damaged or disposed of, in whole or in part, except as provided
21by law. Any person shall have the right of access to any public
22records, unless access to the records is otherwise limited or
23prohibited by law. This subsection (a) does not apply to
24records that are subject to expungement under subsection

 

 

HB5764- 42 -LRB101 17112 AMC 66512 b

1subsections (1.5) and (1.6) of Section 5-915 of the Juvenile
2Court Act of 1987.
3    (b) Reports and records of the obligation, receipt and use
4of public funds of the State are public records available for
5inspection by the public, except as access to such records is
6otherwise limited or prohibited by law or pursuant to law.
7These records shall be kept at the official place of business
8of the State or at a designated place of business of the State.
9These records shall be available for public inspection during
10regular office hours except when in immediate use by persons
11exercising official duties which require the use of those
12records. Nothing in this section shall require the State to
13invade or assist in the invasion of any person's right to
14privacy. Nothing in this Section shall be construed to limit
15any right given by statute or rule of law with respect to the
16inspection of other types of records.
17    Warrants and vouchers in the keeping of the State
18Comptroller may be destroyed by him as authorized in the
19Comptroller's Records Act "An Act in relation to the
20reproduction and destruction of records kept by the
21Comptroller", approved August 1, 1949, as now or hereafter
22amended after obtaining the approval of the State Records
23Commission.
24(Source: P.A. 98-637, eff. 1-1-15; revised 7-17-19.)
 
25    Section 25. The State Employees Group Insurance Act of 1971

 

 

HB5764- 43 -LRB101 17112 AMC 66512 b

1is amended by changing Section 3 as follows:
 
2    (5 ILCS 375/3)  (from Ch. 127, par. 523)
3    Sec. 3. Definitions. Unless the context otherwise
4requires, the following words and phrases as used in this Act
5shall have the following meanings. The Department may define
6these and other words and phrases separately for the purpose of
7implementing specific programs providing benefits under this
8Act.
9    (a) "Administrative service organization" means any
10person, firm or corporation experienced in the handling of
11claims which is fully qualified, financially sound and capable
12of meeting the service requirements of a contract of
13administration executed with the Department.
14    (b) "Annuitant" means (1) an employee who retires, or has
15retired, on or after January 1, 1966 on an immediate annuity
16under the provisions of Articles 2, 14 (including an employee
17who has elected to receive an alternative retirement
18cancellation payment under Section 14-108.5 of the Illinois
19Pension Code in lieu of an annuity or who meets the criteria
20for retirement, but in lieu of receiving an annuity under that
21Article has elected to receive an accelerated pension benefit
22payment under Section 14-147.5 of that Article), 15 (including
23an employee who has retired under the optional retirement
24program established under Section 15-158.2 or who meets the
25criteria for retirement but in lieu of receiving an annuity

 

 

HB5764- 44 -LRB101 17112 AMC 66512 b

1under that Article has elected to receive an accelerated
2pension benefit payment under Section 15-185.5 of the Article),
3paragraphs (2), (3), or (5) of Section 16-106 (including an
4employee who meets the criteria for retirement, but in lieu of
5receiving an annuity under that Article has elected to receive
6an accelerated pension benefit payment under Section 16-190.5
7of the Illinois Pension Code), or Article 18 of the Illinois
8Pension Code; (2) any person who was receiving group insurance
9coverage under this Act as of March 31, 1978 by reason of his
10status as an annuitant, even though the annuity in relation to
11which such coverage was provided is a proportional annuity
12based on less than the minimum period of service required for a
13retirement annuity in the system involved; (3) any person not
14otherwise covered by this Act who has retired as a
15participating member under Article 2 of the Illinois Pension
16Code but is ineligible for the retirement annuity under Section
172-119 of the Illinois Pension Code; (4) the spouse of any
18person who is receiving a retirement annuity under Article 18
19of the Illinois Pension Code and who is covered under a group
20health insurance program sponsored by a governmental employer
21other than the State of Illinois and who has irrevocably
22elected to waive his or her coverage under this Act and to have
23his or her spouse considered as the "annuitant" under this Act
24and not as a "dependent"; or (5) an employee who retires, or
25has retired, from a qualified position, as determined according
26to rules promulgated by the Director, under a qualified local

 

 

HB5764- 45 -LRB101 17112 AMC 66512 b

1government, a qualified rehabilitation facility, a qualified
2domestic violence shelter or service, or a qualified child
3advocacy center. (For definition of "retired employee", see (p)
4post).
5    (b-5) (Blank).
6    (b-6) (Blank).
7    (b-7) (Blank).
8    (c) "Carrier" means (1) an insurance company, a corporation
9organized under the Limited Health Service Organization Act or
10the Voluntary Health Services Plans Plan Act, a partnership, or
11other nongovernmental organization, which is authorized to do
12group life or group health insurance business in Illinois, or
13(2) the State of Illinois as a self-insurer.
14    (d) "Compensation" means salary or wages payable on a
15regular payroll by the State Treasurer on a warrant of the
16State Comptroller out of any State, trust or federal fund, or
17by the Governor of the State through a disbursing officer of
18the State out of a trust or out of federal funds, or by any
19Department out of State, trust, federal or other funds held by
20the State Treasurer or the Department, to any person for
21personal services currently performed, and ordinary or
22accidental disability benefits under Articles 2, 14, 15
23(including ordinary or accidental disability benefits under
24the optional retirement program established under Section
2515-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
26Article 18 of the Illinois Pension Code, for disability

 

 

HB5764- 46 -LRB101 17112 AMC 66512 b

1incurred after January 1, 1966, or benefits payable under the
2Workers' Compensation or Occupational Diseases Act or benefits
3payable under a sick pay plan established in accordance with
4Section 36 of the State Finance Act. "Compensation" also means
5salary or wages paid to an employee of any qualified local
6government, qualified rehabilitation facility, qualified
7domestic violence shelter or service, or qualified child
8advocacy center.
9    (e) "Commission" means the State Employees Group Insurance
10Advisory Commission authorized by this Act. Commencing July 1,
111984, "Commission" as used in this Act means the Commission on
12Government Forecasting and Accountability as established by
13the Legislative Commission Reorganization Act of 1984.
14    (f) "Contributory", when referred to as contributory
15coverage, shall mean optional coverages or benefits elected by
16the member toward the cost of which such member makes
17contribution, or which are funded in whole or in part through
18the acceptance of a reduction in earnings or the foregoing of
19an increase in earnings by an employee, as distinguished from
20noncontributory coverage or benefits which are paid entirely by
21the State of Illinois without reduction of the member's salary.
22    (g) "Department" means any department, institution, board,
23commission, officer, court or any agency of the State
24government receiving appropriations and having power to
25certify payrolls to the Comptroller authorizing payments of
26salary and wages against such appropriations as are made by the

 

 

HB5764- 47 -LRB101 17112 AMC 66512 b

1General Assembly from any State fund, or against trust funds
2held by the State Treasurer and includes boards of trustees of
3the retirement systems created by Articles 2, 14, 15, 16, and
418 of the Illinois Pension Code. "Department" also includes the
5Illinois Comprehensive Health Insurance Board, the Board of
6Examiners established under the Illinois Public Accounting
7Act, and the Illinois Finance Authority.
8    (h) "Dependent", when the term is used in the context of
9the health and life plan, means a member's spouse and any child
10(1) from birth to age 26 including an adopted child, a child
11who lives with the member from the time of the placement for
12adoption until entry of an order of adoption, a stepchild or
13adjudicated child, or a child who lives with the member if such
14member is a court appointed guardian of the child or (2) age 19
15or over who has a mental or physical disability from a cause
16originating prior to the age of 19 (age 26 if enrolled as an
17adult child dependent). For the health plan only, the term
18"dependent" also includes (1) any person enrolled prior to the
19effective date of this Section who is dependent upon the member
20to the extent that the member may claim such person as a
21dependent for income tax deduction purposes and (2) any person
22who has received after June 30, 2000 an organ transplant and
23who is financially dependent upon the member and eligible to be
24claimed as a dependent for income tax purposes. A member
25requesting to cover any dependent must provide documentation as
26requested by the Department of Central Management Services and

 

 

HB5764- 48 -LRB101 17112 AMC 66512 b

1file with the Department any and all forms required by the
2Department.
3    (i) "Director" means the Director of the Illinois
4Department of Central Management Services.
5    (j) "Eligibility period" means the period of time a member
6has to elect enrollment in programs or to select benefits
7without regard to age, sex or health.
8    (k) "Employee" means and includes each officer or employee
9in the service of a department who (1) receives his
10compensation for service rendered to the department on a
11warrant issued pursuant to a payroll certified by a department
12or on a warrant or check issued and drawn by a department upon
13a trust, federal or other fund or on a warrant issued pursuant
14to a payroll certified by an elected or duly appointed officer
15of the State or who receives payment of the performance of
16personal services on a warrant issued pursuant to a payroll
17certified by a Department and drawn by the Comptroller upon the
18State Treasurer against appropriations made by the General
19Assembly from any fund or against trust funds held by the State
20Treasurer, and (2) is employed full-time or part-time in a
21position normally requiring actual performance of duty during
22not less than 1/2 of a normal work period, as established by
23the Director in cooperation with each department, except that
24persons elected by popular vote will be considered employees
25during the entire term for which they are elected regardless of
26hours devoted to the service of the State, and (3) except that

 

 

HB5764- 49 -LRB101 17112 AMC 66512 b

1"employee" does not include any person who is not eligible by
2reason of such person's employment to participate in one of the
3State retirement systems under Articles 2, 14, 15 (either the
4regular Article 15 system or the optional retirement program
5established under Section 15-158.2), or 18, or under paragraph
6(2), (3), or (5) of Section 16-106, of the Illinois Pension
7Code, but such term does include persons who are employed
8during the 6 month qualifying period under Article 14 of the
9Illinois Pension Code. Such term also includes any person who
10(1) after January 1, 1966, is receiving ordinary or accidental
11disability benefits under Articles 2, 14, 15 (including
12ordinary or accidental disability benefits under the optional
13retirement program established under Section 15-158.2),
14paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of
15the Illinois Pension Code, for disability incurred after
16January 1, 1966, (2) receives total permanent or total
17temporary disability under the Workers' Compensation Act or
18Occupational Disease Act as a result of injuries sustained or
19illness contracted in the course of employment with the State
20of Illinois, or (3) is not otherwise covered under this Act and
21has retired as a participating member under Article 2 of the
22Illinois Pension Code but is ineligible for the retirement
23annuity under Section 2-119 of the Illinois Pension Code.
24However, a person who satisfies the criteria of the foregoing
25definition of "employee" except that such person is made
26ineligible to participate in the State Universities Retirement

 

 

HB5764- 50 -LRB101 17112 AMC 66512 b

1System by clause (4) of subsection (a) of Section 15-107 of the
2Illinois Pension Code is also an "employee" for the purposes of
3this Act. "Employee" also includes any person receiving or
4eligible for benefits under a sick pay plan established in
5accordance with Section 36 of the State Finance Act. "Employee"
6also includes (i) each officer or employee in the service of a
7qualified local government, including persons appointed as
8trustees of sanitary districts regardless of hours devoted to
9the service of the sanitary district, (ii) each employee in the
10service of a qualified rehabilitation facility, (iii) each
11full-time employee in the service of a qualified domestic
12violence shelter or service, and (iv) each full-time employee
13in the service of a qualified child advocacy center, as
14determined according to rules promulgated by the Director.
15    (l) "Member" means an employee, annuitant, retired
16employee or survivor. In the case of an annuitant or retired
17employee who first becomes an annuitant or retired employee on
18or after January 13, 2012 (the effective date of Public Act
1997-668) this amendatory Act of the 97th General Assembly, the
20individual must meet the minimum vesting requirements of the
21applicable retirement system in order to be eligible for group
22insurance benefits under that system. In the case of a survivor
23who first becomes a survivor on or after January 13, 2012 (the
24effective date of Public Act 97-668) this amendatory Act of the
2597th General Assembly, the deceased employee, annuitant, or
26retired employee upon whom the annuity is based must have been

 

 

HB5764- 51 -LRB101 17112 AMC 66512 b

1eligible to participate in the group insurance system under the
2applicable retirement system in order for the survivor to be
3eligible for group insurance benefits under that system.
4    (m) "Optional coverages or benefits" means those coverages
5or benefits available to the member on his or her voluntary
6election, and at his or her own expense.
7    (n) "Program" means the group life insurance, health
8benefits and other employee benefits designed and contracted
9for by the Director under this Act.
10    (o) "Health plan" means a health benefits program offered
11by the State of Illinois for persons eligible for the plan.
12    (p) "Retired employee" means any person who would be an
13annuitant as that term is defined herein but for the fact that
14such person retired prior to January 1, 1966. Such term also
15includes any person formerly employed by the University of
16Illinois in the Cooperative Extension Service who would be an
17annuitant but for the fact that such person was made ineligible
18to participate in the State Universities Retirement System by
19clause (4) of subsection (a) of Section 15-107 of the Illinois
20Pension Code.
21    (q) "Survivor" means a person receiving an annuity as a
22survivor of an employee or of an annuitant. "Survivor" also
23includes: (1) the surviving dependent of a person who satisfies
24the definition of "employee" except that such person is made
25ineligible to participate in the State Universities Retirement
26System by clause (4) of subsection (a) of Section 15-107 of the

 

 

HB5764- 52 -LRB101 17112 AMC 66512 b

1Illinois Pension Code; (2) the surviving dependent of any
2person formerly employed by the University of Illinois in the
3Cooperative Extension Service who would be an annuitant except
4for the fact that such person was made ineligible to
5participate in the State Universities Retirement System by
6clause (4) of subsection (a) of Section 15-107 of the Illinois
7Pension Code; (3) the surviving dependent of a person who was
8an annuitant under this Act by virtue of receiving an
9alternative retirement cancellation payment under Section
1014-108.5 of the Illinois Pension Code; and (4) a person who
11would be receiving an annuity as a survivor of an annuitant
12except that the annuitant elected on or after June 4, 2018 to
13receive an accelerated pension benefit payment under Section
1414-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code in
15lieu of receiving an annuity.
16    (q-2) "SERS" means the State Employees' Retirement System
17of Illinois, created under Article 14 of the Illinois Pension
18Code.
19    (q-3) "SURS" means the State Universities Retirement
20System, created under Article 15 of the Illinois Pension Code.
21    (q-4) "TRS" means the Teachers' Retirement System of the
22State of Illinois, created under Article 16 of the Illinois
23Pension Code.
24    (q-5) (Blank).
25    (q-6) (Blank).
26    (q-7) (Blank).

 

 

HB5764- 53 -LRB101 17112 AMC 66512 b

1    (r) "Medical services" means the services provided within
2the scope of their licenses by practitioners in all categories
3licensed under the Medical Practice Act of 1987.
4    (s) "Unit of local government" means any county,
5municipality, township, school district (including a
6combination of school districts under the Intergovernmental
7Cooperation Act), special district or other unit, designated as
8a unit of local government by law, which exercises limited
9governmental powers or powers in respect to limited
10governmental subjects, any not-for-profit association with a
11membership that primarily includes townships and township
12officials, that has duties that include provision of research
13service, dissemination of information, and other acts for the
14purpose of improving township government, and that is funded
15wholly or partly in accordance with Section 85-15 of the
16Township Code; any not-for-profit corporation or association,
17with a membership consisting primarily of municipalities, that
18operates its own utility system, and provides research,
19training, dissemination of information, or other acts to
20promote cooperation between and among municipalities that
21provide utility services and for the advancement of the goals
22and purposes of its membership; the Southern Illinois
23Collegiate Common Market, which is a consortium of higher
24education institutions in Southern Illinois; the Illinois
25Association of Park Districts; and any hospital provider that
26is owned by a county that has 100 or fewer hospital beds and

 

 

HB5764- 54 -LRB101 17112 AMC 66512 b

1has not already joined the program. "Qualified local
2government" means a unit of local government approved by the
3Director and participating in a program created under
4subsection (i) of Section 10 of this Act.
5    (t) "Qualified rehabilitation facility" means any
6not-for-profit organization that is accredited by the
7Commission on Accreditation of Rehabilitation Facilities or
8certified by the Department of Human Services (as successor to
9the Department of Mental Health and Developmental
10Disabilities) to provide services to persons with disabilities
11and which receives funds from the State of Illinois for
12providing those services, approved by the Director and
13participating in a program created under subsection (j) of
14Section 10 of this Act.
15    (u) "Qualified domestic violence shelter or service" means
16any Illinois domestic violence shelter or service and its
17administrative offices funded by the Department of Human
18Services (as successor to the Illinois Department of Public
19Aid), approved by the Director and participating in a program
20created under subsection (k) of Section 10.
21    (v) "TRS benefit recipient" means a person who:
22        (1) is not a "member" as defined in this Section; and
23        (2) is receiving a monthly benefit or retirement
24    annuity under Article 16 of the Illinois Pension Code or
25    would be receiving such monthly benefit or retirement
26    annuity except that the benefit recipient elected on or

 

 

HB5764- 55 -LRB101 17112 AMC 66512 b

1    after June 4, 2018 to receive an accelerated pension
2    benefit payment under Section 16-190.5 of the Illinois
3    Pension Code in lieu of receiving an annuity; and
4        (3) either (i) has at least 8 years of creditable
5    service under Article 16 of the Illinois Pension Code, or
6    (ii) was enrolled in the health insurance program offered
7    under that Article on January 1, 1996, or (iii) is the
8    survivor of a benefit recipient who had at least 8 years of
9    creditable service under Article 16 of the Illinois Pension
10    Code or was enrolled in the health insurance program
11    offered under that Article on June 21, 1995 (the effective
12    date of Public Act 89-25) this amendatory Act of 1995, or
13    (iv) is a recipient or survivor of a recipient of a
14    disability benefit under Article 16 of the Illinois Pension
15    Code.
16    (w) "TRS dependent beneficiary" means a person who:
17        (1) is not a "member" or "dependent" as defined in this
18    Section; and
19        (2) is a TRS benefit recipient's: (A) spouse, (B)
20    dependent parent who is receiving at least half of his or
21    her support from the TRS benefit recipient, or (C) natural,
22    step, adjudicated, or adopted child who is (i) under age
23    26, (ii) was, on January 1, 1996, participating as a
24    dependent beneficiary in the health insurance program
25    offered under Article 16 of the Illinois Pension Code, or
26    (iii) age 19 or over who has a mental or physical

 

 

HB5764- 56 -LRB101 17112 AMC 66512 b

1    disability from a cause originating prior to the age of 19
2    (age 26 if enrolled as an adult child).
3    "TRS dependent beneficiary" does not include, as indicated
4under paragraph (2) of this subsection (w), a dependent of the
5survivor of a TRS benefit recipient who first becomes a
6dependent of a survivor of a TRS benefit recipient on or after
7January 13, 2012 (the effective date of Public Act 97-668) this
8amendatory Act of the 97th General Assembly unless that
9dependent would have been eligible for coverage as a dependent
10of the deceased TRS benefit recipient upon whom the survivor
11benefit is based.
12    (x) "Military leave" refers to individuals in basic
13training for reserves, special/advanced training, annual
14training, emergency call up, activation by the President of the
15United States, or any other training or duty in service to the
16United States Armed Forces.
17    (y) (Blank).
18    (z) "Community college benefit recipient" means a person
19who:
20        (1) is not a "member" as defined in this Section; and
21        (2) is receiving a monthly survivor's annuity or
22    retirement annuity under Article 15 of the Illinois Pension
23    Code or would be receiving such monthly survivor's annuity
24    or retirement annuity except that the benefit recipient
25    elected on or after June 4, 2018 to receive an accelerated
26    pension benefit payment under Section 15-185.5 of the

 

 

HB5764- 57 -LRB101 17112 AMC 66512 b

1    Illinois Pension Code in lieu of receiving an annuity; and
2        (3) either (i) was a full-time employee of a community
3    college district or an association of community college
4    boards created under the Public Community College Act
5    (other than an employee whose last employer under Article
6    15 of the Illinois Pension Code was a community college
7    district subject to Article VII of the Public Community
8    College Act) and was eligible to participate in a group
9    health benefit plan as an employee during the time of
10    employment with a community college district (other than a
11    community college district subject to Article VII of the
12    Public Community College Act) or an association of
13    community college boards, or (ii) is the survivor of a
14    person described in item (i).
15    (aa) "Community college dependent beneficiary" means a
16person who:
17        (1) is not a "member" or "dependent" as defined in this
18    Section; and
19        (2) is a community college benefit recipient's: (A)
20    spouse, (B) dependent parent who is receiving at least half
21    of his or her support from the community college benefit
22    recipient, or (C) natural, step, adjudicated, or adopted
23    child who is (i) under age 26, or (ii) age 19 or over and
24    has a mental or physical disability from a cause
25    originating prior to the age of 19 (age 26 if enrolled as
26    an adult child).

 

 

HB5764- 58 -LRB101 17112 AMC 66512 b

1    "Community college dependent beneficiary" does not
2include, as indicated under paragraph (2) of this subsection
3(aa), a dependent of the survivor of a community college
4benefit recipient who first becomes a dependent of a survivor
5of a community college benefit recipient on or after January
613, 2012 (the effective date of Public Act 97-668) this
7amendatory Act of the 97th General Assembly unless that
8dependent would have been eligible for coverage as a dependent
9of the deceased community college benefit recipient upon whom
10the survivor annuity is based.
11    (bb) "Qualified child advocacy center" means any Illinois
12child advocacy center and its administrative offices funded by
13the Department of Children and Family Services, as defined by
14the Children's Advocacy Center Act (55 ILCS 80/), approved by
15the Director and participating in a program created under
16subsection (n) of Section 10.
17    (cc) "Placement for adoption" means the assumption and
18retention by a member of a legal obligation for total or
19partial support of a child in anticipation of adoption of the
20child. The child's placement with the member terminates upon
21the termination of such legal obligation.
22(Source: P.A. 100-355, eff. 1-1-18; 100-587, eff. 6-4-18;
23101-242, eff. 8-9-19; revised 9-19-19.)
 
24    Section 30. The State Services Assurance Act for FY2008 is
25amended by changing Section 3-15 as follows:
 

 

 

HB5764- 59 -LRB101 17112 AMC 66512 b

1    (5 ILCS 382/3-15)
2    Sec. 3-15. Staffing standards. On or before July 1, 2008
3each named agency shall increase and maintain the number of
4bilingual on-board frontline staff over the levels that it
5maintained on June 30, 2007 as follows:
6        (1) The Department of Corrections shall have at least
7    40 additional bilingual on-board frontline staff.
8        (2) Mental health and developmental centers operated
9    by the Department of Human Services shall have at least 20
10    additional bilingual on-board frontline staff.
11        (3) Family and Community Resource Centers operated by
12    the Department of Human Services shall have at least 100
13    additional bilingual on-board frontline staff.
14        (4) The Department of Children and Family Services
15    shall have at least 40 additional bilingual on-board
16    frontline staff.
17        (5) The Department of Veterans' Veterans Affairs shall
18    have at least 5 additional bilingual on-board frontline
19    staff.
20        (6) The Environmental Protection Agency shall have at
21    least 5 additional bilingual on-board frontline staff.
22        (7) The Department of Employment Security shall have at
23    least 10 additional bilingual on-board frontline staff.
24        (8) The Department of Natural Resources shall have at
25    least 5 additional bilingual on-board frontline staff.

 

 

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1        (9) The Department of Public Health shall have at least
2    5 additional bilingual on-board frontline staff.
3        (10) The Department of State Police shall have at least
4    5 additional bilingual on-board frontline staff.
5        (11) The Department of Juvenile Justice shall have at
6    least 25 additional bilingual on-board frontline staff.
7(Source: P.A. 95-707, eff. 1-11-08; revised 9-19-16.)
 
8    Section 35. The Illinois Governmental Ethics Act is amended
9by changing Section 4A-108 as follows:
 
10    (5 ILCS 420/4A-108)
11    Sec. 4A-108. Internet-based systems of filing.
12    (a) Notwithstanding any other provision of this Act or any
13other law, the Secretary of State and county clerks are
14authorized to institute an Internet-based system for the filing
15of statements of economic interests in their offices. With
16respect to county clerk systems, the determination to institute
17such a system shall be in the sole discretion of the county
18clerk and shall meet the requirements set out in this Section.
19With respect to a Secretary of State system, the determination
20to institute such a system shall be in the sole discretion of
21the Secretary of State and shall meet the requirements set out
22in this Section and those Sections of the State Officials and
23Employees Ethics Act requiring ethics officer review prior to
24filing. The system shall be capable of allowing an ethics

 

 

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1officer to approve a statement of economic interests and shall
2include a means to amend a statement of economic interests.
3When this Section does not modify or remove the requirements
4set forth elsewhere in this Article, those requirements shall
5apply to any system of Internet-based filing authorized by this
6Section. When this Section does modify or remove the
7requirements set forth elsewhere in this Article, the
8provisions of this Section shall apply to any system of
9Internet-based filing authorized by this Section.
10    (b) In any system of Internet-based filing of statements of
11economic interests instituted by the Secretary of State or a
12county clerk:
13        (1) Any filing of an Internet-based statement of
14    economic interests shall be the equivalent of the filing of
15    a verified, written statement of economic interests as
16    required by Section 4A-101 or 4A-101.5 and the equivalent
17    of the filing of a verified, dated, and signed statement of
18    economic interests as required by Section 4A-104.
19        (2) The Secretary of State and county clerks who
20    institute a system of Internet-based filing of statements
21    of economic interests shall establish a password-protected
22    website to receive the filings of such statements. A
23    website established under this Section shall set forth and
24    provide a means of responding to the items set forth in
25    Section 4A-102 that are required of a person who files a
26    statement of economic interests with that officer. A

 

 

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1    website established under this Section shall set forth and
2    provide a means of generating a printable receipt page
3    acknowledging filing.
4        (3) The times for the filing of statements of economic
5    interests set forth in Section 4A-105 shall be followed in
6    any system of Internet-based filing of statements of
7    economic interests; provided that a candidate for elective
8    office who is required to file a statement of economic
9    interests in relation to his or her candidacy pursuant to
10    Section 4A-105(a) shall receive a written or printed
11    receipt for his or her filing.
12        A candidate filing for Governor, Lieutenant Governor,
13    Attorney General, Secretary of State, Treasurer,
14    Comptroller, State Senate, or State House of
15    Representatives shall not use the Internet to file his or
16    her statement of economic interests, but shall file his or
17    her statement of economic interests in a written or printed
18    form and shall receive a written or printed receipt for his
19    or her filing. Annually, the duly appointed ethics officer
20    for each legislative caucus shall certify to the Secretary
21    of State whether his or her caucus members will file their
22    statements of economic interests electronically or in a
23    written or printed format for that year. If the ethics
24    officer for a caucus certifies that the statements of
25    economic interests shall be written or printed, then
26    members of the General Assembly of that caucus shall not

 

 

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1    use the Internet to file his or her statement of economic
2    interests, but shall file his or her statement of economic
3    interests in a written or printed form and shall receive a
4    written or printed receipt for his or her filing. If no
5    certification is made by an ethics officer for a
6    legislative caucus, or if a member of the General Assembly
7    is not affiliated with a legislative caucus, then the
8    affected member or members of the General Assembly may file
9    their statements of economic interests using the Internet.
10        (4) In the first year of the implementation of a system
11    of Internet-based filing of statements of economic
12    interests, each person required to file such a statement is
13    to be notified in writing of his or her obligation to file
14    his or her statement of economic interests by way of the
15    Internet-based system. If access to the website web site
16    requires a code or password, this information shall be
17    included in the notice prescribed by this paragraph.
18        (5) When a person required to file a statement of
19    economic interests has supplied the Secretary of State or a
20    county clerk, as applicable, with an email address for the
21    purpose of receiving notices under this Article by email, a
22    notice sent by email to the supplied email address shall be
23    the equivalent of a notice sent by first class mail, as set
24    forth in Section 4A-106 or 4A-106.5. A person who has
25    supplied such an email address shall notify the Secretary
26    of State or county clerk, as applicable, when his or her

 

 

HB5764- 64 -LRB101 17112 AMC 66512 b

1    email address changes or if he or she no longer wishes to
2    receive notices by email.
3        (6) If any person who is required to file a statement
4    of economic interests and who has chosen to receive notices
5    by email fails to file his or her statement by May 10, then
6    the Secretary of State or county clerk, as applicable,
7    shall send an additional email notice on that date,
8    informing the person that he or she has not filed and
9    describing the penalties for late filing and failing to
10    file. This notice shall be in addition to other notices
11    provided for in this Article.
12        (7) The Secretary of State and each county clerk who
13    institutes a system of Internet-based filing of statements
14    of economic interests may also institute an Internet-based
15    process for the filing of the list of names and addresses
16    of persons required to file statements of economic
17    interests by the chief administrative officers that must
18    file such information with the Secretary of State or county
19    clerk, as applicable, pursuant to Section 4A-106 or
20    4A-106.5. Whenever the Secretary of State or a county clerk
21    institutes such a system under this paragraph, every chief
22    administrative officer must use the system to file this
23    information.
24        (8) The Secretary of State and any county clerk who
25    institutes a system of Internet-based filing of statements
26    of economic interests shall post the contents of such

 

 

HB5764- 65 -LRB101 17112 AMC 66512 b

1    statements filed with him or her available for inspection
2    and copying on a publicly accessible website. Such postings
3    shall not include the addresses or signatures of the
4    filers.
5(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
6revised 9-12-19.)
 
7    Section 40. The State Officials and Employees Ethics Act is
8amended by changing Sections 20-10 and 25-10 as follows:
 
9    (5 ILCS 430/20-10)
10    Sec. 20-10. Offices of Executive Inspectors General.
11    (a) Five independent Offices of the Executive Inspector
12General are created, one each for the Governor, the Attorney
13General, the Secretary of State, the Comptroller, and the
14Treasurer. Each Office shall be under the direction and
15supervision of an Executive Inspector General and shall be a
16fully independent office with separate appropriations.
17    (b) The Governor, Attorney General, Secretary of State,
18Comptroller, and Treasurer shall each appoint an Executive
19Inspector General, without regard to political affiliation and
20solely on the basis of integrity and demonstrated ability.
21Appointments shall be made by and with the advice and consent
22of the Senate by three-fifths of the elected members concurring
23by record vote. Any nomination not acted upon by the Senate
24within 60 session days of the receipt thereof shall be deemed

 

 

HB5764- 66 -LRB101 17112 AMC 66512 b

1to have received the advice and consent of the Senate. If,
2during a recess of the Senate, there is a vacancy in an office
3of Executive Inspector General, the appointing authority shall
4make a temporary appointment until the next meeting of the
5Senate when the appointing authority shall make a nomination to
6fill that office. No person rejected for an office of Executive
7Inspector General shall, except by the Senate's request, be
8nominated again for that office at the same session of the
9Senate or be appointed to that office during a recess of that
10Senate.
11    Nothing in this Article precludes the appointment by the
12Governor, Attorney General, Secretary of State, Comptroller,
13or Treasurer of any other inspector general required or
14permitted by law. The Governor, Attorney General, Secretary of
15State, Comptroller, and Treasurer each may appoint an existing
16inspector general as the Executive Inspector General required
17by this Article, provided that such an inspector general is not
18prohibited by law, rule, jurisdiction, qualification, or
19interest from serving as the Executive Inspector General
20required by this Article. An appointing authority may not
21appoint a relative as an Executive Inspector General.
22    Each Executive Inspector General shall have the following
23qualifications:
24        (1) has not been convicted of any felony under the laws
25    of this State, another State, or the United States;
26        (2) has earned a baccalaureate degree from an

 

 

HB5764- 67 -LRB101 17112 AMC 66512 b

1    institution of higher education; and
2        (3) has 5 or more years of cumulative service (A) with
3    a federal, State, or local law enforcement agency, at least
4    2 years of which have been in a progressive investigatory
5    capacity; (B) as a federal, State, or local prosecutor; (C)
6    as a senior manager or executive of a federal, State, or
7    local agency; (D) as a member, an officer, or a State or
8    federal judge; or (E) representing any combination of items
9    (A) through (D).
10    The term of each initial Executive Inspector General shall
11commence upon qualification and shall run through June 30,
122008. The initial appointments shall be made within 60 days
13after the effective date of this Act.
14    After the initial term, each Executive Inspector General
15shall serve for 5-year terms commencing on July 1 of the year
16of appointment and running through June 30 of the fifth
17following year. An Executive Inspector General may be
18reappointed to one or more subsequent terms.
19    A vacancy occurring other than at the end of a term shall
20be filled by the appointing authority only for the balance of
21the term of the Executive Inspector General whose office is
22vacant.
23    Terms shall run regardless of whether the position is
24filled.
25    (c) The Executive Inspector General appointed by the
26Attorney General shall have jurisdiction over the Attorney

 

 

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1General and all officers and employees of, and vendors and
2others doing business with, State agencies within the
3jurisdiction of the Attorney General. The Executive Inspector
4General appointed by the Secretary of State shall have
5jurisdiction over the Secretary of State and all officers and
6employees of, and vendors and others doing business with, State
7agencies within the jurisdiction of the Secretary of State. The
8Executive Inspector General appointed by the Comptroller shall
9have jurisdiction over the Comptroller and all officers and
10employees of, and vendors and others doing business with, State
11agencies within the jurisdiction of the Comptroller. The
12Executive Inspector General appointed by the Treasurer shall
13have jurisdiction over the Treasurer and all officers and
14employees of, and vendors and others doing business with, State
15agencies within the jurisdiction of the Treasurer. The
16Executive Inspector General appointed by the Governor shall
17have jurisdiction over (i) the Governor, (ii) the Lieutenant
18Governor, (iii) all officers and employees of, and vendors and
19others doing business with, executive branch State agencies
20under the jurisdiction of the Executive Ethics Commission and
21not within the jurisdiction of the Attorney General, the
22Secretary of State, the Comptroller, or the Treasurer, and (iv)
23all board members and employees of the Regional Transit Boards
24and all vendors and others doing business with the Regional
25Transit Boards.
26    The jurisdiction of each Executive Inspector General is to

 

 

HB5764- 69 -LRB101 17112 AMC 66512 b

1investigate allegations of fraud, waste, abuse, mismanagement,
2misconduct, nonfeasance, misfeasance, malfeasance, or
3violations of this Act or violations of other related laws and
4rules.
5    Each Executive Inspector General shall have jurisdiction
6over complainants in violation of subsection (e) of Section
720-63 for disclosing a summary report prepared by the
8respective Executive Inspector General.
9    (d) The compensation for each Executive Inspector General
10shall be determined by the Executive Ethics Commission and
11shall be made from appropriations made to the Comptroller for
12this purpose. Subject to Section 20-45 of this Act, each
13Executive Inspector General has full authority to organize his
14or her Office of the Executive Inspector General, including the
15employment and determination of the compensation of staff, such
16as deputies, assistants, and other employees, as
17appropriations permit. A separate appropriation shall be made
18for each Office of Executive Inspector General.
19    (e) No Executive Inspector General or employee of the
20Office of the Executive Inspector General may, during his or
21her term of appointment or employment:
22        (1) become a candidate for any elective office;
23        (2) hold any other elected or appointed public office
24    except for appointments on governmental advisory boards or
25    study commissions or as otherwise expressly authorized by
26    law;

 

 

HB5764- 70 -LRB101 17112 AMC 66512 b

1        (3) be actively involved in the affairs of any
2    political party or political organization; or
3        (4) advocate for the appointment of another person to
4    an appointed or elected office or position or actively
5    participate in any campaign for any elective office.
6    In this subsection an appointed public office means a
7position authorized by law that is filled by an appointing
8authority as provided by law and does not include employment by
9hiring in the ordinary course of business.
10    (e-1) No Executive Inspector General or employee of the
11Office of the Executive Inspector General may, for one year
12after the termination of his or her appointment or employment:
13        (1) become a candidate for any elective office;
14        (2) hold any elected public office; or
15        (3) hold any appointed State, county, or local judicial
16    office.
17    (e-2) The requirements of item (3) of subsection (e-1) may
18be waived by the Executive Ethics Commission.
19    (f) An Executive Inspector General may be removed only for
20cause and may be removed only by the appointing constitutional
21officer. At the time of the removal, the appointing
22constitutional officer must report to the Executive Ethics
23Commission the justification for the removal.
24(Source: P.A. 101-221, eff. 8-9-19; revised 9-13-19.)
 
25    (5 ILCS 430/25-10)

 

 

HB5764- 71 -LRB101 17112 AMC 66512 b

1    Sec. 25-10. Office of Legislative Inspector General.
2    (a) The independent Office of the Legislative Inspector
3General is created. The Office shall be under the direction and
4supervision of the Legislative Inspector General and shall be a
5fully independent office with its own appropriation.
6    (b) The Legislative Inspector General shall be appointed
7without regard to political affiliation and solely on the basis
8of integrity and demonstrated ability. The Legislative Ethics
9Commission shall diligently search out qualified candidates
10for Legislative Inspector General and shall make
11recommendations to the General Assembly. The Legislative
12Inspector General may serve in a full-time, part-time, or
13contractual capacity.
14    The Legislative Inspector General shall be appointed by a
15joint resolution of the Senate and the House of
16Representatives, which may specify the date on which the
17appointment takes effect. A joint resolution, or other document
18as may be specified by the Joint Rules of the General Assembly,
19appointing the Legislative Inspector General must be certified
20by the Speaker of the House of Representatives and the
21President of the Senate as having been adopted by the
22affirmative vote of three-fifths of the members elected to each
23house, respectively, and be filed with the Secretary of State.
24The appointment of the Legislative Inspector General takes
25effect on the day the appointment is completed by the General
26Assembly, unless the appointment specifies a later date on

 

 

HB5764- 72 -LRB101 17112 AMC 66512 b

1which it is to become effective.
2    The Legislative Inspector General shall have the following
3qualifications:
4        (1) has not been convicted of any felony under the laws
5    of this State, another state, or the United States;
6        (2) has earned a baccalaureate degree from an
7    institution of higher education; and
8        (3) has 5 or more years of cumulative service (A) with
9    a federal, State, or local law enforcement agency, at least
10    2 years of which have been in a progressive investigatory
11    capacity; (B) as a federal, State, or local prosecutor; (C)
12    as a senior manager or executive of a federal, State, or
13    local agency; (D) as a member, an officer, or a State or
14    federal judge; or (E) representing any combination of items
15    (A) through (D).
16    The Legislative Inspector General may not be a relative of
17a commissioner.
18    The term of the initial Legislative Inspector General shall
19commence upon qualification and shall run through June 30,
202008.
21    After the initial term, the Legislative Inspector General
22shall serve for 5-year terms commencing on July 1 of the year
23of appointment and running through June 30 of the fifth
24following year. The Legislative Inspector General may be
25reappointed to one or more subsequent terms. Terms shall run
26regardless of whether the position is filled.

 

 

HB5764- 73 -LRB101 17112 AMC 66512 b

1    (b-5) A vacancy occurring other than at the end of a term
2shall be filled in the same manner as an appointment only for
3the balance of the term of the Legislative Inspector General
4whose office is vacant. Within 7 days of the Office becoming
5vacant or receipt of a Legislative Inspector General's
6prospective resignation, the vacancy shall be publicly posted
7on the Commission's website, along with a description of the
8requirements for the position and where applicants may apply.
9    Within 45 days of the vacancy, the Commission shall
10designate an Acting Legislative Inspector General who shall
11serve until the vacancy is filled. The Commission shall file
12the designation in writing with the Secretary of State.
13    Within 60 days prior to the end of the term of the
14Legislative Inspector General or within 30 days of the
15occurrence of a vacancy in the Office of the Legislative
16Inspector General, the Legislative Ethics Commission shall
17establish a four-member search committee within the Commission
18for the purpose of conducting a search for qualified candidates
19to serve as Legislative Inspector General. The Speaker of the
20House of Representatives, Minority Leader of the House, Senate
21President, and Minority Leader of the Senate shall each appoint
22one member to the search committee. A member of the search
23committee shall be either a retired judge or former prosecutor
24and may not be a member or employee of the General Assembly or
25a registered lobbyist. If the Legislative Ethics Commission
26wishes to recommend that the Legislative Inspector General be

 

 

HB5764- 74 -LRB101 17112 AMC 66512 b

1re-appointed, a search committee does not need to be appointed.
2    The search committee shall conduct a search for qualified
3candidates, accept applications, and conduct interviews. The
4search committee shall recommend up to 3 candidates for
5Legislative Inspector General to the Legislative Ethics
6Commission. The search committee shall be disbanded upon an
7appointment of the Legislative Inspector General. Members of
8the search committee are not entitled to compensation but shall
9be entitled to reimbursement of reasonable expenses incurred in
10connection with the performance of their duties.
11    Within 30 days after June 8, 2018 (the effective date of
12Public Act 100-588) this amendatory Act of the 100th General
13Assembly, the Legislative Ethics Commission shall create a
14search committee in the manner provided for in this subsection
15to recommend up to 3 candidates for Legislative Inspector
16General to the Legislative Ethics Commission by October 31,
172018.
18    If a vacancy exists and the Commission has not appointed an
19Acting Legislative Inspector General, either the staff of the
20Office of the Legislative Inspector General, or if there is no
21staff, the Executive Director, shall advise the Commission of
22all open investigations and any new allegations or complaints
23received in the Office of the Inspector General. These reports
24shall not include the name of any person identified in the
25allegation or complaint, including, but not limited to, the
26subject of and the person filing the allegation or complaint.

 

 

HB5764- 75 -LRB101 17112 AMC 66512 b

1Notification shall be made to the Commission on a weekly basis
2unless the Commission approves of a different reporting
3schedule.
4    If the Office of the Inspector General is vacant for 6
5months or more beginning on or after January 1, 2019, and the
6Legislative Ethics Commission has not appointed an Acting
7Legislative Inspector General, all complaints made to the
8Legislative Inspector General or the Legislative Ethics
9Commission shall be directed to the Inspector General for the
10Auditor General, and he or she shall have the authority to act
11as provided in subsection (c) of this Section and Section 25-20
12of this Act, and shall be subject to all laws and rules
13governing a Legislative Inspector General or Acting
14Legislative Inspector General. The authority for the Inspector
15General of the Auditor General under this paragraph shall
16terminate upon appointment of a Legislative Inspector General
17or an Acting Legislative Inspector General.
18    (c) The Legislative Inspector General shall have
19jurisdiction over the current and former members of the General
20Assembly regarding events occurring during a member's term of
21office and current and former State employees regarding events
22occurring during any period of employment where the State
23employee's ultimate jurisdictional authority is (i) a
24legislative leader, (ii) the Senate Operations Commission, or
25(iii) the Joint Committee on Legislative Support Services.
26    The jurisdiction of each Legislative Inspector General is

 

 

HB5764- 76 -LRB101 17112 AMC 66512 b

1to investigate allegations of fraud, waste, abuse,
2mismanagement, misconduct, nonfeasance, misfeasance,
3malfeasance, or violations of this Act or violations of other
4related laws and rules.
5    The Legislative Inspector General shall have jurisdiction
6over complainants in violation of subsection (e) of Section
725-63 of this Act.
8    (d) The compensation of the Legislative Inspector General
9shall be the greater of an amount (i) determined (i) by the
10Commission or (ii) by joint resolution of the General Assembly
11passed by a majority of members elected in each chamber.
12Subject to Section 25-45 of this Act, the Legislative Inspector
13General has full authority to organize the Office of the
14Legislative Inspector General, including the employment and
15determination of the compensation of staff, such as deputies,
16assistants, and other employees, as appropriations permit.
17Employment of staff is subject to the approval of at least 3 of
18the 4 legislative leaders.
19    (e) No Legislative Inspector General or employee of the
20Office of the Legislative Inspector General may, during his or
21her term of appointment or employment:
22        (1) become a candidate for any elective office;
23        (2) hold any other elected or appointed public office
24    except for appointments on governmental advisory boards or
25    study commissions or as otherwise expressly authorized by
26    law;

 

 

HB5764- 77 -LRB101 17112 AMC 66512 b

1        (3) be actively involved in the affairs of any
2    political party or political organization; or
3        (4) actively participate in any campaign for any
4    elective office.
5    A full-time Legislative Inspector General shall not engage
6in the practice of law or any other business, employment, or
7vocation.
8    In this subsection an appointed public office means a
9position authorized by law that is filled by an appointing
10authority as provided by law and does not include employment by
11hiring in the ordinary course of business.
12    (e-1) No Legislative Inspector General or employee of the
13Office of the Legislative Inspector General may, for one year
14after the termination of his or her appointment or employment:
15        (1) become a candidate for any elective office;
16        (2) hold any elected public office; or
17        (3) hold any appointed State, county, or local judicial
18    office.
19    (e-2) The requirements of item (3) of subsection (e-1) may
20be waived by the Legislative Ethics Commission.
21    (f) The Commission may remove the Legislative Inspector
22General only for cause. At the time of the removal, the
23Commission must report to the General Assembly the
24justification for the removal.
25(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
26revised 9-12-19.)
 

 

 

HB5764- 78 -LRB101 17112 AMC 66512 b

1    Section 45. The Seizure and Forfeiture Reporting Act is
2amended by changing Section 5 as follows:
 
3    (5 ILCS 810/5)
4    Sec. 5. Applicability. This Act is applicable to property
5seized or forfeited under the following provisions of law:
6        (1) Section 3.23 of the Illinois Food, Drug and
7    Cosmetic Act;
8        (2) Section 44.1 of the Environmental Protection Act;
9        (3) Section 105-55 of the Herptiles-Herps Act;
10        (4) Section 1-215 of the Fish and Aquatic Life Code;
11        (5) Section 1.25 of the Wildlife Code;
12        (6) Section 17-10.6 of the Criminal Code of 2012
13    (financial institution fraud);
14        (7) Section 28-5 of the Criminal Code of 2012
15    (gambling);
16        (8) Article 29B of the Criminal Code of 2012 (money
17    laundering);
18        (9) Article 33G of the Criminal Code of 2012 (Illinois
19    Street Gang and Racketeer Influenced And Corrupt
20    Organizations Law);
21        (10) Article 36 of the Criminal Code of 2012 (seizure
22    and forfeiture of vessels, vehicles, and aircraft);
23        (11) Section 47-15 of the Criminal Code of 2012
24    (dumping garbage upon real property);

 

 

HB5764- 79 -LRB101 17112 AMC 66512 b

1        (12) Article 124B of the Code of Criminal Procedure of
2    1963 procedure (forfeiture);
3        (13) the Drug Asset Forfeiture Procedure Act;
4        (14) the Narcotics Profit Forfeiture Act;
5        (15) the Illinois Streetgang Terrorism Omnibus
6    Prevention Act; and
7        (16) the Illinois Securities Law of 1953.
8(Source: P.A. 100-512, eff. 7-1-18; revised 9-9-19.)
 
9    Section 50. The Gun Trafficking Information Act is amended
10by changing Section 10-1 as follows:
 
11    (5 ILCS 830/10-1)
12    Sec. 10-1. Short title. This Article 10 5 may be cited as
13the Gun Trafficking Information Act. References in this Article
14to "this Act" mean this Article.
15(Source: P.A. 100-1178, eff. 1-18-19; revised 7-17-19.)
 
16    Section 55. The Election Code is amended by changing
17Sections 1A-3, 1A-45, 2A-1.2, 6-50.2, 6A-3, and 9-15 as
18follows:
 
19    (10 ILCS 5/1A-3)  (from Ch. 46, par. 1A-3)
20    Sec. 1A-3. Subject to the confirmation requirements of
21Section 1A-4, 4 members of the State Board of Elections shall
22be appointed in each odd-numbered year as follows:

 

 

HB5764- 80 -LRB101 17112 AMC 66512 b

1        (1) The Governor shall appoint 2 members of the same
2    political party with which he is affiliated, one from each
3    area of required residence.
4        (2) The Governor shall appoint 2 members of the
5    political party whose candidate for Governor in the most
6    recent general election received the second highest number
7    of votes, one from each area of required residence, from a
8    list of nominees submitted by the first state executive
9    officer in the order indicated herein affiliated with such
10    political party: Attorney General, Secretary of State,
11    Comptroller, and Treasurer. If none of the State executive
12    officers listed herein is affiliated with such political
13    party, the nominating State officer shall be the first
14    State executive officer in the order indicated herein
15    affiliated with an established political party other than
16    that of the Governor.
17        (3) The nominating state officer shall submit in
18    writing to the Governor 3 names of qualified persons for
19    each membership on the State Board of Elections Election to
20    be appointed from the political party of that officer. The
21    Governor may reject any or all of the nominees on any such
22    list and may request an additional list. The second list
23    shall be submitted by the nominating officer and shall
24    contain 3 new names of qualified persons for each remaining
25    appointment, except that if the Governor expressly
26    reserves any nominee's name from the first list, that

 

 

HB5764- 81 -LRB101 17112 AMC 66512 b

1    nominee shall not be replaced on the second list. The
2    second list shall be final.
3        (4) Whenever all the state executive officers
4    designated in paragraph (2) are affiliated with the same
5    political party as that of the Governor, all 4 members of
6    the Board to be appointed that year, from both designated
7    political parties, shall be appointed by the Governor
8    without nominations.
9        (5) The Governor shall submit in writing to the
10    President of the Senate the name of each person appointed
11    to the State Board of Elections, and shall designate the
12    term for which the appointment is made and the name of the
13    member whom the appointee is to succeed.
14        (6) The appointments shall be made and submitted by the
15    Governor no later than April 1 and a nominating state
16    officer required to submit a list of nominees to the
17    Governor pursuant to paragraph (3) shall submit a list no
18    later than March 1. For appointments occurring in 2019, the
19    appointments shall be made and submitted by the Governor no
20    later than May 15.
21        (7) In the appointment of the initial members of the
22    Board pursuant to this amendatory Act of 1978, the
23    provisions of paragraphs (1), (2), (3), (5), and (6) of
24    this Section shall apply except that the Governor shall
25    appoint all 8 members, 2 from each of the designated
26    political parties from each area of required residence.

 

 

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1(Source: P.A. 101-5, eff. 5-15-19; revised 9-9-19.)
 
2    (10 ILCS 5/1A-45)
3    Sec. 1A-45. Electronic Registration Information Center.
4    (a) The State Board of Elections shall enter into an
5agreement with the Electronic Registration Information Center
6effective no later than January 1, 2016, for the purpose of
7maintaining a statewide voter registration database. The State
8Board of Elections shall comply with the requirements of the
9Electronic Registration Information Center Membership
10Agreement. The State Board of Elections shall require a term in
11the Electronic Registration Information Center Membership
12Agreement that requires the State to share identification
13records contained in the Secretary of State's Driver Services
14Department and Vehicle Services Department, the Department of
15Human Services, the Department of Healthcare and Family
16Services, the Department on of Aging, and the Department of
17Employment Security databases (excluding those fields
18unrelated to voter eligibility, such as income or health
19information).
20    (b) The Secretary of State and the State Board of Elections
21shall enter into an agreement to permit the Secretary of State
22to provide the State Board of Elections with any information
23required for compliance with the Electronic Registration
24Information Center Membership Agreement. The Secretary of
25State shall deliver this information as frequently as necessary

 

 

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1for the State Board of Elections to comply with the Electronic
2Registration Information Center Membership Agreement.
3    (b-5) The State Board of Elections and the Department of
4Human Services, the Department of Healthcare and Family
5Services, the Department on Aging, and the Department of
6Employment Security shall enter into an agreement to require
7each department to provide the State Board of Elections with
8any information necessary to transmit member data under the
9Electronic Registration Information Center Membership
10Agreement. The director or secretary, as applicable, of each
11agency shall deliver this information on an annual basis to the
12State Board of Elections pursuant to the agreement between the
13entities.
14    (c) Any communication required to be delivered to a
15registrant or potential registrant pursuant to the Electronic
16Registration Information Center Membership Agreement shall
17include at least the following message:
18        "Our records show people at this address may not be
19    registered to vote at this address, but you may be eligible
20    to register to vote or re-register to vote at this address.
21    If you are a U.S. Citizen, a resident of Illinois, and will
22    be 18 years old or older before the next general election
23    in November, you are qualified to vote.
24        We invite you to check your registration online at
25    (enter URL) or register to vote online at (enter URL), by
26    requesting a mail-in voter registration form by (enter

 

 

HB5764- 84 -LRB101 17112 AMC 66512 b

1    instructions for requesting a mail-in voter registration
2    form), or visiting the (name of election authority) office
3    at (address of election authority)."
4    The words "register to vote online at (enter URL)" shall be
5bolded and of a distinct nature from the other words in the
6message required by this subsection (c).
7    (d) Any communication required to be delivered to a
8potential registrant that has been identified by the Electronic
9Registration Information Center as eligible to vote but who is
10not registered to vote in Illinois shall be prepared and
11disseminated at the direction of the State Board of Elections.
12All other communications with potential registrants or
13re-registrants pursuant to the Electronic Registration
14Information Center Membership Agreement shall be prepared and
15disseminated at the direction of the appropriate election
16authority.
17    (e) The Executive Director of the State Board of Elections
18or his or her designee shall serve as the Member Representative
19to the Electronic Registration Information Center.
20    (f) The State Board of Elections may adopt any rules
21necessary to enforce this Section or comply with the Electronic
22Registration Information Center Membership Agreement.
23(Source: P.A. 98-1171, eff. 6-1-15; revised 7-17-19.)
 
24    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
25    Sec. 2A-1.2. Consolidated schedule of elections - offices

 

 

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1designated.
2    (a) At the general election in the appropriate
3even-numbered years, the following offices shall be filled or
4shall be on the ballot as otherwise required by this Code:
5        (1) Elector of President and Vice President of the
6    United States;
7        (2) United States Senator and United States
8    Representative;
9        (3) State Executive Branch elected officers;
10        (4) State Senator and State Representative;
11        (5) County elected officers, including State's
12    Attorney, County Board member, County Commissioners, and
13    elected President of the County Board or County Chief
14    Executive;
15        (6) Circuit Court Clerk;
16        (7) Regional Superintendent of Schools, except in
17    counties or educational service regions in which that
18    office has been abolished;
19        (8) Judges of the Supreme, Appellate and Circuit
20    Courts, on the question of retention, to fill vacancies and
21    newly created judicial offices;
22        (9) (Blank);
23        (10) Trustee of the Metropolitan Water Reclamation
24    Sanitary District of Greater Chicago, and elected Trustee
25    of other Sanitary Districts;
26        (11) Special District elected officers, not otherwise

 

 

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1    designated in this Section, where the statute creating or
2    authorizing the creation of the district requires an annual
3    election and permits or requires election of candidates of
4    political parties.
5    (b) At the general primary election:
6        (1) in each even-numbered year candidates of political
7    parties shall be nominated for those offices to be filled
8    at the general election in that year, except where pursuant
9    to law nomination of candidates of political parties is
10    made by caucus.
11        (2) in the appropriate even-numbered years the
12    political party offices of State central committeeperson,
13    township committeeperson, ward committeeperson, and
14    precinct committeeperson shall be filled and delegates and
15    alternate delegates to the National nominating conventions
16    shall be elected as may be required pursuant to this Code.
17    In the even-numbered years in which a Presidential election
18    is to be held, candidates in the Presidential preference
19    primary shall also be on the ballot.
20        (3) in each even-numbered year, where the municipality
21    has provided for annual elections to elect municipal
22    officers pursuant to Section 6(f) or Section 7 of Article
23    VII of the Constitution, pursuant to the Illinois Municipal
24    Code or pursuant to the municipal charter, the offices of
25    such municipal officers shall be filled at an election held
26    on the date of the general primary election, provided that

 

 

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1    the municipal election shall be a nonpartisan election
2    where required by the Illinois Municipal Code. For partisan
3    municipal elections in even-numbered years, a primary to
4    nominate candidates for municipal office to be elected at
5    the general primary election shall be held on the Tuesday 6
6    weeks preceding that election.
7        (4) in each school district which has adopted the
8    provisions of Article 33 of the School Code, successors to
9    the members of the board of education whose terms expire in
10    the year in which the general primary is held shall be
11    elected.
12    (c) At the consolidated election in the appropriate
13odd-numbered years, the following offices shall be filled:
14        (1) Municipal officers, provided that in
15    municipalities in which candidates for alderman or other
16    municipal office are not permitted by law to be candidates
17    of political parties, the runoff election where required by
18    law, or the nonpartisan election where required by law,
19    shall be held on the date of the consolidated election; and
20    provided further, in the case of municipal officers
21    provided for by an ordinance providing the form of
22    government of the municipality pursuant to Section 7 of
23    Article VII of the Constitution, such offices shall be
24    filled by election or by runoff election as may be provided
25    by such ordinance;
26        (2) Village and incorporated town library directors;

 

 

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1        (3) City boards of stadium commissioners;
2        (4) Commissioners of park districts;
3        (5) Trustees of public library districts;
4        (6) Special District elected officers, not otherwise
5    designated in this Section, where the statute creating or
6    authorizing the creation of the district permits or
7    requires election of candidates of political parties;
8        (7) Township officers, including township park
9    commissioners, township library directors, and boards of
10    managers of community buildings, and Multi-Township
11    Assessors;
12        (8) Highway commissioners and road district clerks;
13        (9) Members of school boards in school districts which
14    adopt Article 33 of the School Code;
15        (10) The directors and chair of the Chain O Lakes - Fox
16    River Waterway Management Agency;
17        (11) Forest preserve district commissioners elected
18    under Section 3.5 of the Downstate Forest Preserve District
19    Act;
20        (12) Elected members of school boards, school
21    trustees, directors of boards of school directors,
22    trustees of county boards of school trustees (except in
23    counties or educational service regions having a
24    population of 2,000,000 or more inhabitants) and members of
25    boards of school inspectors, except school boards in school
26    districts that adopt Article 33 of the School Code;

 

 

HB5764- 89 -LRB101 17112 AMC 66512 b

1        (13) Members of Community College district boards;
2        (14) Trustees of Fire Protection Districts;
3        (15) Commissioners of the Springfield Metropolitan
4    Exposition and Auditorium Authority;
5        (16) Elected Trustees of Tuberculosis Sanitarium
6    Districts;
7        (17) Elected Officers of special districts not
8    otherwise designated in this Section for which the law
9    governing those districts does not permit candidates of
10    political parties.
11    (d) At the consolidated primary election in each
12odd-numbered year, candidates of political parties shall be
13nominated for those offices to be filled at the consolidated
14election in that year, except where pursuant to law nomination
15of candidates of political parties is made by caucus, and
16except those offices listed in paragraphs (12) through (17) of
17subsection (c).
18    At the consolidated primary election in the appropriate
19odd-numbered years, the mayor, clerk, treasurer, and aldermen
20shall be elected in municipalities in which candidates for
21mayor, clerk, treasurer, or alderman are not permitted by law
22to be candidates of political parties, subject to runoff
23elections to be held at the consolidated election as may be
24required by law, and municipal officers shall be nominated in a
25nonpartisan election in municipalities in which pursuant to law
26candidates for such office are not permitted to be candidates

 

 

HB5764- 90 -LRB101 17112 AMC 66512 b

1of political parties.
2    At the consolidated primary election in the appropriate
3odd-numbered years, municipal officers shall be nominated or
4elected, or elected subject to a runoff, as may be provided by
5an ordinance providing a form of government of the municipality
6pursuant to Section 7 of Article VII of the Constitution.
7    (e) (Blank).
8    (f) At any election established in Section 2A-1.1, public
9questions may be submitted to voters pursuant to this Code and
10any special election otherwise required or authorized by law or
11by court order may be conducted pursuant to this Code.
12    Notwithstanding the regular dates for election of officers
13established in this Article, whenever a referendum is held for
14the establishment of a political subdivision whose officers are
15to be elected, the initial officers shall be elected at the
16election at which such referendum is held if otherwise so
17provided by law. In such cases, the election of the initial
18officers shall be subject to the referendum.
19    Notwithstanding the regular dates for election of
20officials established in this Article, any community college
21district which becomes effective by operation of law pursuant
22to Section 6-6.1 of the Public Community College Act, as now or
23hereafter amended, shall elect the initial district board
24members at the next regularly scheduled election following the
25effective date of the new district.
26    (g) At any election established in Section 2A-1.1, if in

 

 

HB5764- 91 -LRB101 17112 AMC 66512 b

1any precinct there are no offices or public questions required
2to be on the ballot under this Code then no election shall be
3held in the precinct on that date.
4    (h) There may be conducted a referendum in accordance with
5the provisions of Division 6-4 of the Counties Code.
6(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
 
7    (10 ILCS 5/6-50.2)  (from Ch. 46, par. 6-50.2)
8    Sec. 6-50.2. (a) The board of election commissioners shall
9appoint all precinct committeepersons in the election
10jurisdiction as deputy registrars who may accept the
11registration of any qualified resident of the State, except
12during the 27 days preceding an election.
13    The board of election commissioners shall appoint each of
14the following named persons as deputy registrars upon the
15written request of such persons:
16        1. The chief librarian, or a qualified person
17    designated by the chief librarian, of any public library
18    situated within the election jurisdiction, who may accept
19    the registrations of any qualified resident of the State,
20    at such library.
21        2. The principal, or a qualified person designated by
22    the principal, of any high school, elementary school, or
23    vocational school situated within the election
24    jurisdiction, who may accept the registrations of any
25    resident of the State, at such school. The board of

 

 

HB5764- 92 -LRB101 17112 AMC 66512 b

1    election commissioners shall notify every principal and
2    vice-principal of each high school, elementary school, and
3    vocational school situated in the election jurisdiction of
4    their eligibility to serve as deputy registrars and offer
5    training courses for service as deputy registrars at
6    conveniently located facilities at least 4 months prior to
7    every election.
8        3. The president, or a qualified person designated by
9    the president, of any university, college, community
10    college, academy, or other institution of learning
11    situated within the State, who may accept the registrations
12    of any resident of the election jurisdiction, at such
13    university, college, community college, academy, or
14    institution.
15        4. A duly elected or appointed official of a bona fide
16    labor organization, or a reasonable number of qualified
17    members designated by such official, who may accept the
18    registrations of any qualified resident of the State.
19        5. A duly elected or appointed official of a bona fide
20    State civic organization, as defined and determined by rule
21    of the State Board of Elections, or qualified members
22    designated by such official, who may accept the
23    registration of any qualified resident of the State. In
24    determining the number of deputy registrars that shall be
25    appointed, the board of election commissioners shall
26    consider the population of the jurisdiction, the size of

 

 

HB5764- 93 -LRB101 17112 AMC 66512 b

1    the organization, the geographic size of the jurisdiction,
2    convenience for the public, the existing number of deputy
3    registrars in the jurisdiction and their location, the
4    registration activities of the organization and the need to
5    appoint deputy registrars to assist and facilitate the
6    registration of non-English speaking individuals. In no
7    event shall a board of election commissioners fix an
8    arbitrary number applicable to every civic organization
9    requesting appointment of its members as deputy
10    registrars. The State Board of Elections shall by rule
11    provide for certification of bona fide State civic
12    organizations. Such appointments shall be made for a period
13    not to exceed 2 years, terminating on the first business
14    day of the month following the month of the general
15    election, and shall be valid for all periods of voter
16    registration as provided by this Code during the terms of
17    such appointments.
18        6. The Director of Healthcare and Family Services, or a
19    reasonable number of employees designated by the Director
20    and located at public aid offices, who may accept the
21    registration of any qualified resident of the election
22    jurisdiction at any such public aid office.
23        7. The Director of the Illinois Department of
24    Employment Security, or a reasonable number of employees
25    designated by the Director and located at unemployment
26    offices, who may accept the registration of any qualified

 

 

HB5764- 94 -LRB101 17112 AMC 66512 b

1    resident of the election jurisdiction at any such
2    unemployment office. If the request to be appointed as
3    deputy registrar is denied, the board of election
4    commissioners shall, within 10 days after the date the
5    request is submitted, provide the affected individual or
6    organization with written notice setting forth the
7    specific reasons or criteria relied upon to deny the
8    request to be appointed as deputy registrar.
9        8. The president of any corporation, as defined by the
10    Business Corporation Act of 1983, or a reasonable number of
11    employees designated by such president, who may accept the
12    registrations of any qualified resident of the State.
13    The board of election commissioners may appoint as many
14additional deputy registrars as it considers necessary. The
15board of election commissioners shall appoint such additional
16deputy registrars in such manner that the convenience of the
17public is served, giving due consideration to both population
18concentration and area. Some of the additional deputy
19registrars shall be selected so that there are an equal number
20from each of the 2 major political parties in the election
21jurisdiction. The board of election commissioners, in
22appointing an additional deputy registrar, shall make the
23appointment from a list of applicants submitted by the Chair of
24the County Central Committee of the applicant's political
25party. A Chair of a County Central Committee shall submit a
26list of applicants to the board by November 30 of each year.

 

 

HB5764- 95 -LRB101 17112 AMC 66512 b

1The board may require a Chair of a County Central Committee to
2furnish a supplemental list of applicants.
3    Deputy registrars may accept registrations at any time
4other than the 27-day 27 day period preceding an election. All
5persons appointed as deputy registrars shall be registered
6voters within the election jurisdiction and shall take and
7subscribe to the following oath or affirmation:
8    "I do solemnly swear (or affirm, as the case may be) that I
9will support the Constitution of the United States, and the
10Constitution of the State of Illinois, and that I will
11faithfully discharge the duties of the office of registration
12officer to the best of my ability and that I will register no
13person nor cause the registration of any person except upon his
14personal application before me.
15
....................................
16
(Signature of Registration Officer)"
17    This oath shall be administered and certified to by one of
18the commissioners or by the executive director or by some
19person designated by the board of election commissioners, and
20shall immediately thereafter be filed with the board of
21election commissioners. The members of the board of election
22commissioners and all persons authorized by them under the
23provisions of this Article to take registrations, after
24themselves taking and subscribing to the above oath, are
25authorized to take or administer such oaths and execute such
26affidavits as are required by this Article.

 

 

HB5764- 96 -LRB101 17112 AMC 66512 b

1    Appointments of deputy registrars under this Section,
2except precinct committeepersons, shall be for 2-year terms,
3commencing on December 1 following the general election of each
4even-numbered year, except that the terms of the initial
5appointments shall be until December 1st following the next
6general election. Appointments of precinct committeepersons
7shall be for 2-year terms commencing on the date of the county
8convention following the general primary at which they were
9elected. The county clerk shall issue a certificate of
10appointment to each deputy registrar, and shall maintain in his
11office for public inspection a list of the names of all
12appointees.
13    (b) The board of election commissioners shall be
14responsible for training all deputy registrars appointed
15pursuant to subsection (a), at times and locations reasonably
16convenient for both the board of election commissioners and
17such appointees. The board of election commissioners shall be
18responsible for certifying and supervising all deputy
19registrars appointed pursuant to subsection (a). Deputy
20registrars appointed under subsection (a) shall be subject to
21removal for cause.
22    (c) Completed registration materials under the control of
23deputy registrars appointed pursuant to subsection (a) shall be
24returned to the appointing election authority by first-class
25mail within 2 business days or personal delivery within 7 days,
26except that completed registration materials received by the

 

 

HB5764- 97 -LRB101 17112 AMC 66512 b

1deputy registrars during the period between the 35th and 28th
2day preceding an election shall be returned by the deputy
3registrars to the appointing election authority within 48 hours
4after receipt thereof. The completed registration materials
5received by the deputy registrars on the 28th day preceding an
6election shall be returned by the deputy registrars within 24
7hours after receipt thereof. Unused materials shall be returned
8by deputy registrars appointed pursuant to paragraph 4 of
9subsection (a), not later than the next working day following
10the close of registration.
11    (d) The county clerk or board of election commissioners, as
12the case may be, must provide any additional forms requested by
13any deputy registrar regardless of the number of unaccounted
14registration forms the deputy registrar may have in his or her
15possession.
16    (e) No deputy registrar shall engage in any electioneering
17or the promotion of any cause during the performance of his or
18her duties.
19    (f) The board of election commissioners shall not be
20criminally or civilly liable for the acts or omissions of any
21deputy registrar. Such deputy registrars shall not be deemed to
22be employees of the board of election commissioners.
23    (g) Completed registration materials returned by deputy
24registrars for persons residing outside the election
25jurisdiction shall be transmitted by the board of election
26commissioners within 2 days after receipt to the election

 

 

HB5764- 98 -LRB101 17112 AMC 66512 b

1authority of the person's election jurisdiction of residence.
2(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
 
3    (10 ILCS 5/6A-3)  (from Ch. 46, par. 6A-3)
4    Sec. 6A-3. Commissioners; filling vacancies.
5    (a) If the county board adopts an ordinance providing for
6the establishment of a county board of election commissioners,
7or if a majority of the votes cast on a proposition submitted
8in accordance with Section 6A-2(a) are in favor of a county
9board of election commissioners, a county board of election
10commissioners shall be appointed in the same manner as is
11provided in Article 6 for boards of election commissioners in
12cities, villages and incorporated towns, except that the county
13board of election commissioners shall be appointed by the chair
14of the county board rather than the circuit court. However,
15before any appointments are made, the appointing authority
16shall ascertain whether the county clerk desires to be a member
17of the county board of election commissioners. If the county
18clerk so desires, he shall be one of the members of the county
19board of election commissioners, and the appointing authority
20shall appoint only 2 other members.
21    (b) For any county board of election commissioners
22established under subsection (b) of Section 6A-1, within 30
23days after July 29, 2013 (the effective date of Public Act
2498-115) this amendatory Act of the 98th General Assembly, the
25chief judge of the circuit court of the county shall appoint 5

 

 

HB5764- 99 -LRB101 17112 AMC 66512 b

1commissioners. At least 4 of those commissioners shall be
2selected from the 2 major established political parties of the
3State, with at least 2 from each of those parties. Such
4appointment shall be entered of record in the office of the
5County Clerk and the State Board of Elections. Those first
6appointed shall hold their offices for the period of one, 2,
7and 3 years respectively, and the judge appointing them shall
8designate the term for which each commissioner shall hold his
9or her office, whether for one, 2 or 3 years except that no
10more than one commissioner from each major established
11political party may be designated the same term. After the
12initial term, each commissioner or his or her successor shall
13be appointed to a 3-year 3 year term. No elected official or
14former elected official who has been out of elected office for
15less than 2 years may be appointed to the board. Vacancies
16shall be filled by the chief judge of the circuit court within
1730 days of the vacancy in a manner that maintains the foregoing
18political party representation.
19    (c) For any county board of election commissioners
20established under subsection (c) of Section 6A-1, within 30
21days after the conclusion of the election at which the
22proposition to establish a county board of election
23commissioners is approved by the voters, the municipal board
24shall apply to the circuit court of the county for the chief
25judge of the circuit court to appoint 2 additional
26commissioners, one of whom shall be from each major established

 

 

HB5764- 100 -LRB101 17112 AMC 66512 b

1political party and neither of whom shall reside within the
2limits of the municipal board, so that 3 commissioners shall
3reside within the limits of the municipal board and 2 shall
4reside within the county but not within the municipality, as it
5may exist from time to time. Not more than 3 of the
6commissioners shall be members of the same major established
7political party. Vacancies shall be filled by the chief judge
8of the circuit court upon application of the remaining
9commissioners in a manner that maintains the foregoing
10geographical and political party representation.
11(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
 
12    (10 ILCS 5/9-15)  (from Ch. 46, par. 9-15)
13    Sec. 9-15. It shall be the duty of the Board: -
14        (1) to develop prescribed forms for filing statements
15    of organization and required reports;
16        (2) to prepare, publish, and furnish to the appropriate
17    persons a manual of instructions setting forth recommended
18    uniform methods of bookkeeping and reporting under this
19    Article;
20        (3) to prescribe suitable rules and regulations to
21    carry out the provisions of this Article. Such rules and
22    regulations shall be published and made available to the
23    public;
24        (4) to send by first class mail, after the general
25    primary election in even numbered years, to the chair of

 

 

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1    each regularly constituted State central committee, county
2    central committee and, in counties with a population of
3    more than 3,000,000, to the committeepersons of each
4    township and ward organization of each political party
5    notice of their obligations under this Article, along with
6    a form for filing the statement of organization;
7        (5) to promptly make all reports and statements filed
8    under this Article available for public inspection and
9    copying no later than 2 business days after their receipt
10    and to permit copying of any such report or statement at
11    the expense of the person requesting the copy;
12        (6) to develop a filing, coding, and cross-indexing
13    system consistent with the purposes of this Article;
14        (7) to compile and maintain a list of all statements or
15    parts of statements pertaining to each candidate;
16        (8) to prepare and publish such reports as the Board
17    may deem appropriate;
18        (9) to annually notify each political committee that
19    has filed a statement of organization with the Board of the
20    filing dates for each quarterly report, provided that such
21    notification shall be made by first-class mail unless the
22    political committee opts to receive notification
23    electronically via email; and
24        (10) to promptly send, by first class mail directed
25    only to the officers of a political committee, and by
26    certified mail to the address of the political committee,

 

 

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1    written notice of any fine or penalty assessed or imposed
2    against the political committee under this Article.
3(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
 
4    Section 60. The Illinois Identification Card Act is amended
5by changing Sections 5 and 17 as follows:
 
6    (15 ILCS 335/5)  (from Ch. 124, par. 25)
7    Sec. 5. Applications.
8    (a) Any natural person who is a resident of the State of
9Illinois may file an application for an identification card, or
10for the renewal thereof, in a manner prescribed by the
11Secretary. Each original application shall be completed by the
12applicant in full and shall set forth the legal name, residence
13address and zip code, social security number, birth date, sex
14and a brief description of the applicant. The applicant shall
15be photographed, unless the Secretary of State has provided by
16rule for the issuance of identification cards without
17photographs and the applicant is deemed eligible for an
18identification card without a photograph under the terms and
19conditions imposed by the Secretary of State, and he or she
20shall also submit any other information as the Secretary may
21deem necessary or such documentation as the Secretary may
22require to determine the identity of the applicant. In addition
23to the residence address, the Secretary may allow the applicant
24to provide a mailing address. If the applicant is a judicial

 

 

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1officer as defined in Section 1-10 of the Judicial Privacy Act
2or a peace officer, the applicant may elect to have his or her
3office or work address in lieu of the applicant's residence or
4mailing address. An applicant for an Illinois Person with a
5Disability Identification Card must also submit with each
6original or renewal application, on forms prescribed by the
7Secretary, such documentation as the Secretary may require,
8establishing that the applicant is a "person with a disability"
9as defined in Section 4A of this Act, and setting forth the
10applicant's type and class of disability as set forth in
11Section 4A of this Act. For the purposes of this subsection
12(a), "peace officer" means any person who by virtue of his or
13her office or public employment is vested by law with a duty to
14maintain public order or to make arrests for a violation of any
15penal statute of this State, whether that duty extends to all
16violations or is limited to specific violations.
17    (a-5) Upon the first issuance of a request for proposals
18for a digital driver's license and identification card issuance
19and facial recognition system issued after January 1, 2020 (the
20effective date of Public Act 101-513) this amendatory Act of
21the 101st General Assembly, and upon implementation of a new or
22revised system procured pursuant to that request for proposals,
23the Secretary shall permit applicants to choose between "male",
24"female", or "non-binary" when designating the applicant's sex
25on the identification card application form. The sex designated
26by the applicant shall be displayed on the identification card

 

 

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1issued to the applicant.
2    (b) Beginning on or before July 1, 2015, for each original
3or renewal identification card application under this Act, the
4Secretary shall inquire as to whether the applicant is a
5veteran for purposes of issuing an identification card with a
6veteran designation under subsection (c-5) of Section 4 of this
7Act. The acceptable forms of proof shall include, but are not
8limited to, Department of Defense form DD-214, Department of
9Defense form DD-256 for applicants who did not receive a form
10DD-214 upon the completion of initial basic training,
11Department of Defense form DD-2 (Retired), an identification
12card issued under the federal Veterans Identification Card Act
13of 2015, or a United States Department of Veterans Affairs
14summary of benefits letter. If the document cannot be stamped,
15the Illinois Department of Veterans' Affairs shall provide a
16certificate to the veteran to provide to the Secretary of
17State. The Illinois Department of Veterans' Affairs shall
18advise the Secretary as to what other forms of proof of a
19person's status as a veteran are acceptable.
20    For each applicant who is issued an identification card
21with a veteran designation, the Secretary shall provide the
22Department of Veterans' Affairs with the applicant's name,
23address, date of birth, gender, and such other demographic
24information as agreed to by the Secretary and the Department.
25The Department may take steps necessary to confirm the
26applicant is a veteran. If after due diligence, including

 

 

HB5764- 105 -LRB101 17112 AMC 66512 b

1writing to the applicant at the address provided by the
2Secretary, the Department is unable to verify the applicant's
3veteran status, the Department shall inform the Secretary, who
4shall notify the applicant that he or she must confirm status
5as a veteran, or the identification card will be cancelled.
6    For purposes of this subsection (b):
7    "Armed forces" means any of the Armed Forces of the United
8States, including a member of any reserve component or National
9Guard unit.
10    "Veteran" means a person who has served in the armed forces
11and was discharged or separated under honorable conditions.
12    (c) All applicants for REAL ID compliant standard Illinois
13Identification Cards and Illinois Person with a Disability
14Identification Cards shall provide proof of lawful status in
15the United States as defined in 6 CFR 37.3, as amended.
16Applicants who are unable to provide the Secretary with proof
17of lawful status are ineligible for REAL ID compliant
18identification cards under this Act.
19(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
20100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
218-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
 
22    (15 ILCS 335/17)
23    Sec. 17. Invalidation of a standard Illinois
24Identification Card or an Illinois Person with a Disability
25Identification Card. (a) The Secretary of State may invalidate

 

 

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1a standard Illinois Identification Card or an Illinois Person
2with a Disability Identification Card:
3        (1) when the holder voluntarily surrenders the
4    standard Illinois Identification Card or Illinois Person
5    with a Disability Identification Card and declares his or
6    her intention to do so in writing;
7        (2) upon the death of the holder;
8        (3) upon the refusal of the holder to correct or update
9    information contained on a standard Illinois
10    Identification Card or an Illinois Person with a Disability
11    Identification Card; and
12        (4) as the Secretary deems appropriate by
13    administrative rule.
14(Source: P.A. 101-185, eff. 1-1-20; revised 9-12-19.)
 
15    Section 65. The State Comptroller Act is amended by
16changing Sections 20 and 23.11 as follows:
 
17    (15 ILCS 405/20)  (from Ch. 15, par. 220)
18    Sec. 20. Annual report. The Comptroller shall annually, as
19soon as possible after the close of the fiscal year but no
20later than December 31, make available on the Comptroller's
21website a report, showing the amount of warrants drawn on the
22treasury, on other funds held by the State Treasurer and on any
23public funds held by State agencies, during the preceding
24fiscal year, and stating, particularly, on what account they

 

 

HB5764- 107 -LRB101 17112 AMC 66512 b

1were drawn, and if drawn on the contingent fund, to whom and
2for what they were issued. He or she shall, also, at the same
3time, report the amount of money received into the treasury,
4into other funds held by the State Treasurer and into any other
5funds held by State agencies during the preceding fiscal year,
6and also a general account of all the business of his office
7during the preceding fiscal year. The report shall also
8summarize for the previous fiscal year the information required
9under Section 19.
10    Within 60 days after the expiration of each calendar year,
11the Comptroller shall compile, from records maintained and
12available in his office, a list of all persons including those
13employed in the Office of the Comptroller, who have been
14employed by the State during the past calendar year and paid
15from funds in the hands of the State Treasurer.
16    The list shall state in alphabetical order the name of each
17employee, the county in which he or she resides, the position,
18and the total salary paid to him or her during the past
19calendar year, rounded to the nearest hundred dollars dollar.
20The list so compiled and arranged shall be kept on file in the
21office of the Comptroller and be open to inspection by the
22public at all times.
23    No person who utilizes the names obtained from this list
24for solicitation shall represent that such solicitation is
25authorized by any officer or agency of the State of Illinois.
26Violation of this provision is a business offense punishable by

 

 

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1a fine not to exceed $3,000.
2(Source: P.A. 100-253, eff. 1-1-18; 101-34, eff. 6-28-19;
3101-620, eff. 12-20-19; revised 1-6-20.)
 
4    (15 ILCS 405/23.11)
5    Sec. 23.11. Illinois Bank On Initiative; Commission.
6    (a) The Illinois Bank On Initiative is created to increase
7the use of Certified Financial Products and reduce reliance on
8alternative financial products.
9    (b) The Illinois Bank On Initiative shall be administered
10by the Comptroller, and he or she shall be responsible for
11ongoing activities of the Initiative, including, but not
12limited to, the following:
13        (1) authorizing financial products as Certified
14    Financial Products;
15        (2) maintaining on the Comptroller's website a list of
16    Certified Financial Products and associated financial
17    institutions;
18        (3) maintaining on the Comptroller's website the
19    minimum requirements of Certified Financial Products; and
20        (4) implementing an outreach strategy to facilitate
21    access to Certified Financial Products.
22    (c) The Illinois Bank On Initiative Commission is created,
23and shall be chaired by the Comptroller, or his or her
24designee, and consist of the following members appointed by the
25Comptroller: (1) 4 local elected officials from geographically

 

 

HB5764- 109 -LRB101 17112 AMC 66512 b

1diverse regions in this State, at least 2 of whom represent all
2or part of a census tract with a median household income of
3less than 150% of the federal poverty level; (2) 3 members
4representing financial institutions, one of whom represents a
5statewide banking association exclusively representing banks
6with assets below $20,000,000,000, one of whom represents a
7statewide banking association representing banks of all asset
8sizes, and one of whom represents a statewide association
9representing credit unions; (3) 4 members representing
10community and social service groups; and (4) 2 federal or State
11financial regulators.
12    Members of the Commission shall serve 4-year 4 year terms.
13The Commission shall serve the Comptroller in an advisory
14capacity, and shall be responsible for advising the Comptroller
15regarding the implementation and promotion of the Illinois Bank
16On Initiative, but may at any time, by request of the
17Comptroller or on its own initiative, submit to the Comptroller
18any recommendations concerning the operation of any
19participating financial institutions, outreach efforts, or
20other business coming before the Commission. Members of the
21Commission shall serve without compensation, but shall be
22reimbursed for reasonable travel and mileage costs.
23    (d) Beginning in October 2020, and for each year
24thereafter, the Comptroller and the Commission shall annually
25prepare and make available on the Comptroller's website a
26report concerning the progress of the Illinois Bank On

 

 

HB5764- 110 -LRB101 17112 AMC 66512 b

1Initiative.
2    (e) The Comptroller may adopt rules necessary to implement
3this Section.
4    (f) For the purposes of this Section:
5    "Certified Financial Product" means a financial product
6offered by a financial institution that meets minimum
7requirements as established by the Comptroller.
8    "Financial institution" means a bank, savings bank, or
9credit union chartered or organized under the laws of the State
10of Illinois, another state, or the United States of America
11that is:
12        (1) adequately capitalized as determined by its
13    prudential regulator; and
14        (2) insured by the Federal Deposit Insurance
15    Corporation, National Credit Union Administration, or
16    other approved insurer.
17(Source: P.A. 101-427, eff. 8-19-19; revised 11-21-19.)
 
18    Section 70. The State Treasurer Act is amended by changing
19Sections 16.8 and 35 as follows:
 
20    (15 ILCS 505/16.8)
21    Sec. 16.8. Illinois Higher Education Savings Program.
22    (a) Definitions. As used in this Section:
23    "Beneficiary" means an eligible child named as a recipient
24of seed funds.

 

 

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1    "College savings account" means a 529 plan account
2established under Section 16.5.
3    "Eligible child" means a child born or adopted after
4December 31, 2020, to a parent who is a resident of Illinois at
5the time of the birth or adoption, as evidenced by
6documentation received by the Treasurer from the Department of
7Revenue, the Department of Public Health, or another State or
8local government agency.
9    "Eligible educational institution" means institutions that
10are described in Section 1001 of the federal Higher Education
11Act of 1965 that are eligible to participate in Department of
12Education student aid programs.
13    "Fund" means the Illinois Higher Education Savings Program
14Fund.
15    "Omnibus account" means the pooled collection of seed funds
16owned and managed by the State Treasurer under this Act.
17    "Program" means the Illinois Higher Education Savings
18Program.
19    "Qualified higher education expense" means the following:
20(i) tuition, fees, and the costs of books, supplies, and
21equipment required for enrollment or attendance at an eligible
22educational institution; (ii) expenses for special needs
23services, in the case of a special needs beneficiary, which are
24incurred in connection with such enrollment or attendance;
25(iii) certain expenses for the purchase of computer or
26peripheral equipment, computer software, or Internet access

 

 

HB5764- 112 -LRB101 17112 AMC 66512 b

1and related services as defined under Section 529 of the
2Internal Revenue Code; and (iv) room and board expenses
3incurred while attending an eligible educational institution
4at least half-time.
5    "Seed funds" means the deposit made by the State Treasurer
6into the Omnibus Accounts for Program beneficiaries.
7    (b) Program established. The State Treasurer shall
8establish the Illinois Higher Education Savings Program
9provided that sufficient funds are available. The State
10Treasurer shall administer the Program for the purposes of
11expanding access to higher education through savings.
12    (c) Program enrollment. The State Treasurer shall enroll
13all eligible children in the Program beginning in 2021, after
14receiving records of recent births, adoptions, or dependents
15from the Department of Revenue, the Department of Public
16Health, or another State or local government agency designated
17by the Treasurer. Notwithstanding any court order which would
18otherwise prevent the release of information, the Department of
19Public Health is authorized to release the information
20specified under this subsection (c) to the State Treasurer for
21the purposes of the Program established under this Section.
22        (1) On and after the effective date of this amendatory
23    Act of the 101st General Assembly, the Department of
24    Revenue and the Department of Public Health shall provide
25    the State Treasurer with information on recent Illinois
26    births, adoptions and dependents including, but not

 

 

HB5764- 113 -LRB101 17112 AMC 66512 b

1    limited to: the full name, residential address, and birth
2    date of the child and the child's parent or legal guardian
3    for the purpose of enrolling eligible children in the
4    Program. This data shall be provided to the State Treasurer
5    by the Department of Revenue and the Department of Public
6    Health on a quarterly basis, no later than 30 days after
7    the end of each quarter.
8        (2) The State Treasurer shall ensure the security and
9    confidentiality of the information provided by the
10    Department of Revenue, the Department of Public Health, or
11    another State or local government agency, and it shall not
12    be subject to release under the Freedom of Information Act.
13        (3) Information provided under this Section shall only
14    be used by the State Treasurer for the Program and shall
15    not be used for any other purpose.
16        (4) The State Treasurer and any vendors working on the
17    Program shall maintain strict confidentiality of any
18    information provided under this Section, and shall
19    promptly provide written or electronic notice to the
20    providing agency of any security breach. The providing
21    State or local government agency shall remain the sole and
22    exclusive owner of information provided under this
23    Section.
24    (d) Seed funds. After receiving information on recent
25births, adoptions, or dependents from the Department of
26Revenue, the Department of Public Health, or another State or

 

 

HB5764- 114 -LRB101 17112 AMC 66512 b

1local government agency, the State Treasurer shall make a
2deposit into an omnibus account of the Fund on behalf of each
3eligible child. The State Treasurer shall be the owner of the
4omnibus accounts. The deposit of seed funds shall be subject to
5appropriation by the General Assembly.
6        (1) Deposit amount. The seed fund deposit for each
7    eligible child shall be in the amount of $50. This amount
8    may be increased by the State Treasurer by rule. The State
9    Treasurer may use or deposit funds appropriated by the
10    General Assembly together with moneys received as gifts,
11    grants, or contributions into the Fund. If insufficient
12    funds are available in the Fund, the State Treasurer may
13    reduce the deposit amount or forego deposits.
14        (2) Use of seed funds. Seed funds, including any
15    interest, dividends, and other earnings accrued, will be
16    eligible for use by a beneficiary for qualified higher
17    education expenses if:
18            (A) the parent or guardian of the eligible child
19        claimed the seed funds for the beneficiary by the
20        beneficiary's 10th birthday;
21            (B) the beneficiary has completed secondary
22        education or has reached the age of 18; and
23            (C) the beneficiary is currently a resident of the
24        State of Illinois. Non-residents are not eligible to
25        claim or use seed funds.
26        (3) Notice of seed fund availability. The State

 

 

HB5764- 115 -LRB101 17112 AMC 66512 b

1    Treasurer shall make a good faith effort to notify
2    beneficiaries and their parents or legal guardians of the
3    seed funds' availability and the deadline to claim such
4    funds.
5        (4) Unclaimed seed funds. Seed funds that are unclaimed
6    by the beneficiary's 10th birthday or unused by the
7    beneficiary's 26th birthday will be considered forfeited.
8    Unclaimed and unused seed funds will remain in the omnibus
9    account for future beneficiaries.
10    (e) Financial education. The State Treasurer may develop
11educational materials that support the financial literacy of
12beneficiaries and their legal guardians, and may do so in
13collaboration with State and federal agencies, including, but
14not limited to, the Illinois State Board of Education and
15existing nonprofit agencies with expertise in financial
16literacy and education.
17    (f) Incentives and partnerships. The State Treasurer may
18develop partnerships with private, nonprofit, or governmental
19organizations to provide additional incentives for eligible
20children, including conditional cash transfers or matching
21contributions that provide a savings incentive based on
22specific actions taken or other criteria.
23    (g) Illinois Higher Education Savings Program Fund. The
24Illinois Higher Education Savings Program Fund is hereby
25established. The Fund shall be the official repository of all
26contributions, appropriations, interest, and dividend

 

 

HB5764- 116 -LRB101 17112 AMC 66512 b

1payments, gifts, or other financial assets received by the
2State Treasurer in connection with the operation of the Program
3or related partnerships. All such moneys shall be deposited in
4the Fund and held by the State Treasurer as custodian thereof,
5outside of the State treasury, separate and apart from all
6public moneys or funds of this State. The State Treasurer may
7accept gifts, grants, awards, matching contributions, interest
8income, and appropriations from individuals, businesses,
9governments, and other third-party sources to implement the
10Program on terms that the Treasurer deems advisable. All
11interest or other earnings accruing or received on amounts in
12the Illinois Higher Education Savings Program Fund shall be
13credited to and retained by the Fund and used for the benefit
14of the Program. Assets of the Fund must at all times be
15preserved, invested, and expended only for the purposes of the
16Program and must be held for the benefit of the beneficiaries.
17Assets may not be transferred or used by the State or the State
18Treasurer for any purposes other than the purposes of the
19Program. In addition, no moneys, interest, or other earnings
20paid into the Fund shall be used, temporarily or otherwise, for
21inter-fund borrowing or be otherwise used or appropriated
22except as expressly authorized by this Act. Notwithstanding the
23requirements of this subsection (f), amounts in the Fund may be
24used by the State Treasurer to pay the administrative costs of
25the Program.
26    (h) Audits and reports. The State Treasurer shall include

 

 

HB5764- 117 -LRB101 17112 AMC 66512 b

1the Illinois Higher Education Savings Program as part of the
2audit of the College Savings Pool described in Section 16.5.
3The State Treasurer shall annually prepare a report that
4includes a summary of the Program operations for the preceding
5fiscal year, including the number of children enrolled in the
6Program, the total amount of seed fund deposits, and such other
7information that is relevant to make a full disclosure of the
8operations of the Program and Fund. The report shall be made
9available on the Treasurer's website by January 31 each year,
10starting in January of 2022. The State Treasurer may include
11the Program in other reports as warranted.
12    (i) Rules. The State Treasurer may adopt rules necessary to
13implement this Section.
14(Source: P.A. 101-466, eff. 1-1-20; revised 11-21-19.)
 
15    (15 ILCS 505/35)
16    Sec. 35. State Treasurer may purchase real property.
17    (a) Subject to the provisions of the Public Contract Fraud
18Act, the State Treasurer, on behalf of the State of Illinois,
19is authorized during State fiscal years 2019 and 2020 to
20acquire real property located in the City of Springfield,
21Illinois which the State Treasurer deems necessary to properly
22carry out the powers and duties vested in him or her. Real
23property acquired under this Section may be acquired subject to
24any third party interests in the property that do not prevent
25the State Treasurer from exercising the intended beneficial use

 

 

HB5764- 118 -LRB101 17112 AMC 66512 b

1of such property.
2    (b) Subject to the provisions of the Treasurer's
3Procurement Rules, which shall be substantially in accordance
4with the requirements of the Illinois Procurement Code, the
5State Treasurer may:
6        (1) enter into contracts relating to construction,
7    reconstruction or renovation projects for any such
8    buildings or lands acquired pursuant to subsection
9    paragraph (a); and
10        (2) equip, lease, operate and maintain those grounds,
11    buildings and facilities as may be appropriate to carry out
12    his or her statutory purposes and duties.
13    (c) The State Treasurer may enter into agreements with any
14person with respect to the use and occupancy of the grounds,
15buildings, and facilities of the State Treasurer, including
16concession, license, and lease agreements on terms and
17conditions as the State Treasurer determines and in accordance
18with the procurement processes for the Office of the State
19Treasurer, which shall be substantially in accordance with the
20requirements of the Illinois Procurement Code.
21    (d) The exercise of the authority vested in the Treasurer
22by this Section is subject to the appropriation of the
23necessary funds.
24(Source: P.A. 101-487, eff. 8-23-19; revised 11-21-19.)
 
25    Section 75. The Deposit of State Moneys Act is amended by

 

 

HB5764- 119 -LRB101 17112 AMC 66512 b

1changing Sections 10 and 22.5 as follows:
 
2    (15 ILCS 520/10)  (from Ch. 130, par. 29)
3    Sec. 10. The State Treasurer may enter into an agreement in
4conformity with this Act with any bank or savings and loan
5association relating to the deposit of securities. Such
6agreement may authorize the holding by such bank or savings and
7loan association of such securities in custody and safekeeping
8solely under the instructions of the State Treasurer either (a)
9in the office of such bank or savings and loan association, or
10under the custody and safekeeping of another bank or savings
11and loan association in this State for the depository bank or
12savings and loan association, or (b) in a bank or a depository
13trust company in the United States if the securities to be
14deposited are held in custody and safekeeping for such bank or
15savings and loan association.
16(Source: P.A. 101-206, eff. 8-2-19; revised 9-12-19.)
 
17    (15 ILCS 520/22.5)  (from Ch. 130, par. 41a)
18    (For force and effect of certain provisions, see Section 90
19of P.A. 94-79)
20    Sec. 22.5. Permitted investments. The State Treasurer may,
21with the approval of the Governor, invest and reinvest any
22State money in the treasury which is not needed for current
23expenditures due or about to become due, in obligations of the
24United States government or its agencies or of National

 

 

HB5764- 120 -LRB101 17112 AMC 66512 b

1Mortgage Associations established by or under the National
2Housing Act, 12 U.S.C. 1701 et seq., or in mortgage
3participation certificates representing undivided interests in
4specified, first-lien conventional residential Illinois
5mortgages that are underwritten, insured, guaranteed, or
6purchased by the Federal Home Loan Mortgage Corporation or in
7Affordable Housing Program Trust Fund Bonds or Notes as defined
8in and issued pursuant to the Illinois Housing Development Act.
9All such obligations shall be considered as cash and may be
10delivered over as cash by a State Treasurer to his successor.
11    The State Treasurer may, with the approval of the Governor,
12purchase any state bonds with any money in the State Treasury
13that has been set aside and held for the payment of the
14principal of and interest on the bonds. The bonds shall be
15considered as cash and may be delivered over as cash by the
16State Treasurer to his successor.
17    The State Treasurer may, with the approval of the Governor,
18invest or reinvest any State money in the treasury that is not
19needed for current expenditure due or about to become due, or
20any money in the State Treasury that has been set aside and
21held for the payment of the principal of and the interest on
22any State bonds, in shares, withdrawable accounts, and
23investment certificates of savings and building and loan
24associations, incorporated under the laws of this State or any
25other state or under the laws of the United States; provided,
26however, that investments may be made only in those savings and

 

 

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1loan or building and loan associations the shares and
2withdrawable accounts or other forms of investment securities
3of which are insured by the Federal Deposit Insurance
4Corporation.
5    The State Treasurer may not invest State money in any
6savings and loan or building and loan association unless a
7commitment by the savings and loan (or building and loan)
8association, executed by the president or chief executive
9officer of that association, is submitted in the following
10form:
11        The .................. Savings and Loan (or Building
12    and Loan) Association pledges not to reject arbitrarily
13    mortgage loans for residential properties within any
14    specific part of the community served by the savings and
15    loan (or building and loan) association because of the
16    location of the property. The savings and loan (or building
17    and loan) association also pledges to make loans available
18    on low and moderate income residential property throughout
19    the community within the limits of its legal restrictions
20    and prudent financial practices.
21    The State Treasurer may, with the approval of the Governor,
22invest or reinvest any State money in the treasury that is not
23needed for current expenditures due or about to become due, or
24any money in the State Treasury that has been set aside and
25held for the payment of the principal of and interest on any
26State bonds, in bonds issued by counties or municipal

 

 

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1corporations of the State of Illinois.
2    The State Treasurer may invest or reinvest up to 5% of the
3College Savings Pool Administrative Trust Fund, the Illinois
4Public Treasurer Investment Pool (IPTIP) Administrative Trust
5Fund, and the State Treasurer's Administrative Fund that is not
6needed for current expenditures due or about to become due, in
7common or preferred stocks of publicly traded corporations,
8partnerships, or limited liability companies, organized in the
9United States, with assets exceeding $500,000,000 if: (i) the
10purchases do not exceed 1% of the corporation's or the limited
11liability company's outstanding common and preferred stock;
12(ii) no more than 10% of the total funds are invested in any
13one publicly traded corporation, partnership, or limited
14liability company; and (iii) the corporation or the limited
15liability company has not been placed on the list of restricted
16companies by the Illinois Investment Policy Board under Section
171-110.16 of the Illinois Pension Code.
18    The State Treasurer may, with the approval of the Governor,
19invest or reinvest any State money in the Treasury which is not
20needed for current expenditure, due or about to become due, or
21any money in the State Treasury which has been set aside and
22held for the payment of the principal of and the interest on
23any State bonds, in participations in loans, the principal of
24which participation is fully guaranteed by an agency or
25instrumentality of the United States government; provided,
26however, that such loan participations are represented by

 

 

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1certificates issued only by banks which are incorporated under
2the laws of this State or any other state or under the laws of
3the United States, and such banks, but not the loan
4participation certificates, are insured by the Federal Deposit
5Insurance Corporation.
6    Whenever the total amount of vouchers presented to the
7Comptroller under Section 9 of the State Comptroller Act
8exceeds the funds available in the General Revenue Fund by
9$1,000,000,000 or more, then the State Treasurer may invest any
10State money in the Treasury, other than money in the General
11Revenue Fund, Health Insurance Reserve Fund, Attorney General
12Court Ordered and Voluntary Compliance Payment Projects Fund,
13Attorney General Whistleblower Reward and Protection Fund, and
14Attorney General's State Projects and Court Ordered
15Distribution Fund, which is not needed for current
16expenditures, due or about to become due, or any money in the
17State Treasury which has been set aside and held for the
18payment of the principal of and the interest on any State bonds
19with the Office of the Comptroller in order to enable the
20Comptroller to pay outstanding vouchers. At any time, and from
21time to time outstanding, such investment shall not be greater
22than $2,000,000,000. Such investment shall be deposited into
23the General Revenue Fund or Health Insurance Reserve Fund as
24determined by the Comptroller. Such investment shall be repaid
25by the Comptroller with an interest rate tied to the London
26Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an

 

 

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1equivalent market established variable rate, but in no case
2shall such interest rate exceed the lesser of the penalty rate
3established under the State Prompt Payment Act or the timely
4pay interest rate under Section 368a of the Illinois Insurance
5Code. The State Treasurer and the Comptroller shall enter into
6an intergovernmental agreement to establish procedures for
7such investments, which market established variable rate to
8which the interest rate for the investments should be tied, and
9other terms which the State Treasurer and Comptroller
10reasonably believe to be mutually beneficial concerning these
11investments by the State Treasurer. The State Treasurer and
12Comptroller shall also enter into a written agreement for each
13such investment that specifies the period of the investment,
14the payment interval, the interest rate to be paid, the funds
15in the Treasury from which the Treasurer will draw the
16investment, and other terms upon which the State Treasurer and
17Comptroller mutually agree. Such investment agreements shall
18be public records and the State Treasurer shall post the terms
19of all such investment agreements on the State Treasurer's
20official website. In compliance with the intergovernmental
21agreement, the Comptroller shall order and the State Treasurer
22shall transfer amounts sufficient for the payment of principal
23and interest invested by the State Treasurer with the Office of
24the Comptroller under this paragraph from the General Revenue
25Fund or the Health Insurance Reserve Fund to the respective
26funds in the Treasury from which the State Treasurer drew the

 

 

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1investment. Public Act 100-1107 shall constitute an
2irrevocable and continuing authority for all amounts necessary
3for the payment of principal and interest on the investments
4made with the Office of the Comptroller by the State Treasurer
5under this paragraph, and the irrevocable and continuing
6authority for and direction to the Comptroller and Treasurer to
7make the necessary transfers.
8    The State Treasurer may, with the approval of the Governor,
9invest or reinvest any State money in the Treasury that is not
10needed for current expenditure, due or about to become due, or
11any money in the State Treasury that has been set aside and
12held for the payment of the principal of and the interest on
13any State bonds, in any of the following:
14        (1) Bonds, notes, certificates of indebtedness,
15    Treasury bills, or other securities now or hereafter issued
16    that are guaranteed by the full faith and credit of the
17    United States of America as to principal and interest.
18        (2) Bonds, notes, debentures, or other similar
19    obligations of the United States of America, its agencies,
20    and instrumentalities.
21        (2.5) Bonds, notes, debentures, or other similar
22    obligations of a foreign government, other than the
23    Republic of the Sudan, that are guaranteed by the full
24    faith and credit of that government as to principal and
25    interest, but only if the foreign government has not
26    defaulted and has met its payment obligations in a timely

 

 

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1    manner on all similar obligations for a period of at least
2    25 years immediately before the time of acquiring those
3    obligations.
4        (3) Interest-bearing savings accounts,
5    interest-bearing certificates of deposit, interest-bearing
6    time deposits, or any other investments constituting
7    direct obligations of any bank as defined by the Illinois
8    Banking Act.
9        (4) Interest-bearing accounts, certificates of
10    deposit, or any other investments constituting direct
11    obligations of any savings and loan associations
12    incorporated under the laws of this State or any other
13    state or under the laws of the United States.
14        (5) Dividend-bearing share accounts, share certificate
15    accounts, or class of share accounts of a credit union
16    chartered under the laws of this State or the laws of the
17    United States; provided, however, the principal office of
18    the credit union must be located within the State of
19    Illinois.
20        (6) Bankers' acceptances of banks whose senior
21    obligations are rated in the top 2 rating categories by 2
22    national rating agencies and maintain that rating during
23    the term of the investment.
24        (7) Short-term obligations of either corporations or
25    limited liability companies organized in the United States
26    with assets exceeding $500,000,000 if (i) the obligations

 

 

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

 

 

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1    restricted companies by the Illinois Investment Policy
2    Board under Section 1-110.16 of the Illinois Pension Code.
3        (8) Money market mutual funds registered under the
4    Investment Company Act of 1940.
5        (9) The Public Treasurers' Investment Pool created
6    under Section 17 of the State Treasurer Act or in a fund
7    managed, operated, and administered by a bank.
8        (10) Repurchase agreements of government securities
9    having the meaning set out in the Government Securities Act
10    of 1986, as now or hereafter amended or succeeded, subject
11    to the provisions of that Act and the regulations issued
12    thereunder.
13        (11) Investments made in accordance with the
14    Technology Development Act.
15        (12) Investments made in accordance with the Student
16    Investment Account Act.
17    For purposes of this Section, "agencies" of the United
18States Government includes:
19        (i) the federal land banks, federal intermediate
20    credit banks, banks for cooperatives, federal farm credit
21    banks, or any other entity authorized to issue debt
22    obligations under the Farm Credit Act of 1971 (12 U.S.C.
23    2001 et seq.) and Acts amendatory thereto;
24        (ii) the federal home loan banks and the federal home
25    loan mortgage corporation;
26        (iii) the Commodity Credit Corporation; and

 

 

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1        (iv) any other agency created by Act of Congress.
2    The Treasurer may, with the approval of the Governor, lend
3any securities acquired under this Act. However, securities may
4be lent under this Section only in accordance with Federal
5Financial Institution Examination Council guidelines and only
6if the securities are collateralized at a level sufficient to
7assure the safety of the securities, taking into account market
8value fluctuation. The securities may be collateralized by cash
9or collateral acceptable under Sections 11 and 11.1.
10(Source: P.A. 100-1107, eff. 8-27-18; 101-81, eff. 7-12-19;
11101-206, eff. 8-2-19; 101-586, eff. 8-26-19; revised 9-25-19.)
 
12    Section 80. The Civil Administrative Code of Illinois is
13amended by changing Section 5-565 as follows:
 
14    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
15    Sec. 5-565. In the Department of Public Health.
16    (a) The General Assembly declares it to be the public
17policy of this State that all citizens of Illinois are entitled
18to lead healthy lives. Governmental public health has a
19specific responsibility to ensure that a public health system
20is in place to allow the public health mission to be achieved.
21The public health system is the collection of public, private,
22and voluntary entities as well as individuals and informal
23associations that contribute to the public's health within the
24State. To develop a public health system requires certain core

 

 

HB5764- 130 -LRB101 17112 AMC 66512 b

1functions to be performed by government. The State Board of
2Health is to assume the leadership role in advising the
3Director in meeting the following functions:
4        (1) Needs assessment.
5        (2) Statewide health objectives.
6        (3) Policy development.
7        (4) Assurance of access to necessary services.
8    There shall be a State Board of Health composed of 20
9persons, all of whom shall be appointed by the Governor, with
10the advice and consent of the Senate for those appointed by the
11Governor on and after June 30, 1998, and one of whom shall be a
12senior citizen age 60 or over. Five members shall be physicians
13licensed to practice medicine in all its branches, one
14representing a medical school faculty, one who is board
15certified in preventive medicine, and one who is engaged in
16private practice. One member shall be a chiropractic physician.
17One member shall be a dentist; one an environmental health
18practitioner; one a local public health administrator; one a
19local board of health member; one a registered nurse; one a
20physical therapist; one an optometrist; one a veterinarian; one
21a public health academician; one a health care industry
22representative; one a representative of the business
23community; one a representative of the non-profit public
24interest community; and 2 shall be citizens at large.
25    The terms of Board of Health members shall be 3 years,
26except that members shall continue to serve on the Board of

 

 

HB5764- 131 -LRB101 17112 AMC 66512 b

1Health until a replacement is appointed. Upon the effective
2date of Public Act 93-975 (January 1, 2005) this amendatory Act
3of the 93rd General Assembly, in the appointment of the Board
4of Health members appointed to vacancies or positions with
5terms expiring on or before December 31, 2004, the Governor
6shall appoint up to 6 members to serve for terms of 3 years; up
7to 6 members to serve for terms of 2 years; and up to 5 members
8to serve for a term of one year, so that the term of no more
9than 6 members expire in the same year. All members shall be
10legal residents of the State of Illinois. The duties of the
11Board shall include, but not be limited to, the following:
12        (1) To advise the Department of ways to encourage
13    public understanding and support of the Department's
14    programs.
15        (2) To evaluate all boards, councils, committees,
16    authorities, and bodies advisory to, or an adjunct of, the
17    Department of Public Health or its Director for the purpose
18    of recommending to the Director one or more of the
19    following:
20            (i) The elimination of bodies whose activities are
21        not consistent with goals and objectives of the
22        Department.
23            (ii) The consolidation of bodies whose activities
24        encompass compatible programmatic subjects.
25            (iii) The restructuring of the relationship
26        between the various bodies and their integration

 

 

HB5764- 132 -LRB101 17112 AMC 66512 b

1        within the organizational structure of the Department.
2            (iv) The establishment of new bodies deemed
3        essential to the functioning of the Department.
4        (3) To serve as an advisory group to the Director for
5    public health emergencies and control of health hazards.
6        (4) To advise the Director regarding public health
7    policy, and to make health policy recommendations
8    regarding priorities to the Governor through the Director.
9        (5) To present public health issues to the Director and
10    to make recommendations for the resolution of those issues.
11        (6) To recommend studies to delineate public health
12    problems.
13        (7) To make recommendations to the Governor through the
14    Director regarding the coordination of State public health
15    activities with other State and local public health
16    agencies and organizations.
17        (8) To report on or before February 1 of each year on
18    the health of the residents of Illinois to the Governor,
19    the General Assembly, and the public.
20        (9) To review the final draft of all proposed
21    administrative rules, other than emergency or peremptory
22    preemptory rules and those rules that another advisory body
23    must approve or review within a statutorily defined time
24    period, of the Department after September 19, 1991 (the
25    effective date of Public Act 87-633). The Board shall
26    review the proposed rules within 90 days of submission by

 

 

HB5764- 133 -LRB101 17112 AMC 66512 b

1    the Department. The Department shall take into
2    consideration any comments and recommendations of the
3    Board regarding the proposed rules prior to submission to
4    the Secretary of State for initial publication. If the
5    Department disagrees with the recommendations of the
6    Board, it shall submit a written response outlining the
7    reasons for not accepting the recommendations.
8        In the case of proposed administrative rules or
9    amendments to administrative rules regarding immunization
10    of children against preventable communicable diseases
11    designated by the Director under the Communicable Disease
12    Prevention Act, after the Immunization Advisory Committee
13    has made its recommendations, the Board shall conduct 3
14    public hearings, geographically distributed throughout the
15    State. At the conclusion of the hearings, the State Board
16    of Health shall issue a report, including its
17    recommendations, to the Director. The Director shall take
18    into consideration any comments or recommendations made by
19    the Board based on these hearings.
20        (10) To deliver to the Governor for presentation to the
21    General Assembly a State Health Improvement Plan. The first
22    3 such plans shall be delivered to the Governor on January
23    1, 2006, January 1, 2009, and January 1, 2016 and then
24    every 5 years thereafter.
25        The Plan shall recommend priorities and strategies to
26    improve the public health system and the health status of

 

 

HB5764- 134 -LRB101 17112 AMC 66512 b

1    Illinois residents, taking into consideration national
2    health objectives and system standards as frameworks for
3    assessment.
4        The Plan shall also take into consideration priorities
5    and strategies developed at the community level through the
6    Illinois Project for Local Assessment of Needs (IPLAN) and
7    any regional health improvement plans that may be
8    developed. The Plan shall focus on prevention as a key
9    strategy for long-term health improvement in Illinois.
10        The Plan shall examine and make recommendations on the
11    contributions and strategies of the public and private
12    sectors for improving health status and the public health
13    system in the State. In addition to recommendations on
14    health status improvement priorities and strategies for
15    the population of the State as a whole, the Plan shall make
16    recommendations regarding priorities and strategies for
17    reducing and eliminating health disparities in Illinois;
18    including racial, ethnic, gender, age, socio-economic, and
19    geographic disparities.
20        The Director of the Illinois Department of Public
21    Health shall appoint a Planning Team that includes a range
22    of public, private, and voluntary sector stakeholders and
23    participants in the public health system. This Team shall
24    include: the directors of State agencies with public health
25    responsibilities (or their designees), including, but not
26    limited to, the Illinois Departments of Public Health and

 

 

HB5764- 135 -LRB101 17112 AMC 66512 b

1    Department of Human Services, representatives of local
2    health departments, representatives of local community
3    health partnerships, and individuals with expertise who
4    represent an array of organizations and constituencies
5    engaged in public health improvement and prevention.
6        The State Board of Health shall hold at least 3 public
7    hearings addressing drafts of the Plan in representative
8    geographic areas of the State. Members of the Planning Team
9    shall receive no compensation for their services, but may
10    be reimbursed for their necessary expenses.
11        Upon the delivery of each State Health Improvement
12    Plan, the Governor shall appoint a SHIP Implementation
13    Coordination Council that includes a range of public,
14    private, and voluntary sector stakeholders and
15    participants in the public health system. The Council shall
16    include the directors of State agencies and entities with
17    public health system responsibilities (or their
18    designees), including, but not limited to, the Department
19    of Public Health, Department of Human Services, Department
20    of Healthcare and Family Services, Environmental
21    Protection Agency, Illinois State Board of Education,
22    Department on Aging, Illinois Violence Prevention
23    Authority, Department of Agriculture, Department of
24    Insurance, Department of Financial and Professional
25    Regulation, Department of Transportation, and Department
26    of Commerce and Economic Opportunity and the Chair of the

 

 

HB5764- 136 -LRB101 17112 AMC 66512 b

1    State Board of Health. The Council shall include
2    representatives of local health departments and
3    individuals with expertise who represent an array of
4    organizations and constituencies engaged in public health
5    improvement and prevention, including non-profit public
6    interest groups, health issue groups, faith community
7    groups, health care providers, businesses and employers,
8    academic institutions, and community-based organizations.
9    The Governor shall endeavor to make the membership of the
10    Council representative of the racial, ethnic, gender,
11    socio-economic, and geographic diversity of the State. The
12    Governor shall designate one State agency representative
13    and one other non-governmental member as co-chairs of the
14    Council. The Governor shall designate a member of the
15    Governor's office to serve as liaison to the Council and
16    one or more State agencies to provide or arrange for
17    support to the Council. The members of the SHIP
18    Implementation Coordination Council for each State Health
19    Improvement Plan shall serve until the delivery of the
20    subsequent State Health Improvement Plan, whereupon a new
21    Council shall be appointed. Members of the SHIP Planning
22    Team may serve on the SHIP Implementation Coordination
23    Council if so appointed by the Governor.
24        The SHIP Implementation Coordination Council shall
25    coordinate the efforts and engagement of the public,
26    private, and voluntary sector stakeholders and

 

 

HB5764- 137 -LRB101 17112 AMC 66512 b

1    participants in the public health system to implement each
2    SHIP. The Council shall serve as a forum for collaborative
3    action; coordinate existing and new initiatives; develop
4    detailed implementation steps, with mechanisms for action;
5    implement specific projects; identify public and private
6    funding sources at the local, State and federal level;
7    promote public awareness of the SHIP; advocate for the
8    implementation of the SHIP; and develop an annual report to
9    the Governor, General Assembly, and public regarding the
10    status of implementation of the SHIP. The Council shall
11    not, however, have the authority to direct any public or
12    private entity to take specific action to implement the
13    SHIP.
14        (11) Upon the request of the Governor, to recommend to
15    the Governor candidates for Director of Public Health when
16    vacancies occur in the position.
17        (12) To adopt bylaws for the conduct of its own
18    business, including the authority to establish ad hoc
19    committees to address specific public health programs
20    requiring resolution.
21        (13) (Blank).
22    Upon appointment, the Board shall elect a chairperson from
23among its members.
24    Members of the Board shall receive compensation for their
25services at the rate of $150 per day, not to exceed $10,000 per
26year, as designated by the Director for each day required for

 

 

HB5764- 138 -LRB101 17112 AMC 66512 b

1transacting the business of the Board and shall be reimbursed
2for necessary expenses incurred in the performance of their
3duties. The Board shall meet from time to time at the call of
4the Department, at the call of the chairperson, or upon the
5request of 3 of its members, but shall not meet less than 4
6times per year.
7    (b) (Blank).
8    (c) An Advisory Board on Necropsy Service to Coroners,
9which shall counsel and advise with the Director on the
10administration of the Autopsy Act. The Advisory Board shall
11consist of 11 members, including a senior citizen age 60 or
12over, appointed by the Governor, one of whom shall be
13designated as chairman by a majority of the members of the
14Board. In the appointment of the first Board the Governor shall
15appoint 3 members to serve for terms of 1 year, 3 for terms of 2
16years, and 3 for terms of 3 years. The members first appointed
17under Public Act 83-1538 shall serve for a term of 3 years. All
18members appointed thereafter shall be appointed for terms of 3
19years, except that when an appointment is made to fill a
20vacancy, the appointment shall be for the remaining term of the
21position vacant. The members of the Board shall be citizens of
22the State of Illinois. In the appointment of members of the
23Advisory Board the Governor shall appoint 3 members who shall
24be persons licensed to practice medicine and surgery in the
25State of Illinois, at least 2 of whom shall have received
26post-graduate training in the field of pathology; 3 members who

 

 

HB5764- 139 -LRB101 17112 AMC 66512 b

1are duly elected coroners in this State; and 5 members who
2shall have interest and abilities in the field of forensic
3medicine but who shall be neither persons licensed to practice
4any branch of medicine in this State nor coroners. In the
5appointment of medical and coroner members of the Board, the
6Governor shall invite nominations from recognized medical and
7coroners organizations in this State respectively. Board
8members, while serving on business of the Board, shall receive
9actual necessary travel and subsistence expenses while so
10serving away from their places of residence.
11(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
12revised 7-17-19.)
 
13    Section 85. The Children and Family Services Act is amended
14by changing Section 5 and by setting forth, renumbering, and
15changing multiple versions of Section 42 as follows:
 
16    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
17    Sec. 5. Direct child welfare services; Department of
18Children and Family Services. To provide direct child welfare
19services when not available through other public or private
20child care or program facilities.
21    (a) For purposes of this Section:
22        (1) "Children" means persons found within the State who
23    are under the age of 18 years. The term also includes
24    persons under age 21 who:

 

 

HB5764- 140 -LRB101 17112 AMC 66512 b

1            (A) were committed to the Department pursuant to
2        the Juvenile Court Act or the Juvenile Court Act of
3        1987, as amended, and who continue under the
4        jurisdiction of the court; or
5            (B) were accepted for care, service and training by
6        the Department prior to the age of 18 and whose best
7        interest in the discretion of the Department would be
8        served by continuing that care, service and training
9        because of severe emotional disturbances, physical
10        disability, social adjustment or any combination
11        thereof, or because of the need to complete an
12        educational or vocational training program.
13        (2) "Homeless youth" means persons found within the
14    State who are under the age of 19, are not in a safe and
15    stable living situation and cannot be reunited with their
16    families.
17        (3) "Child welfare services" means public social
18    services which are directed toward the accomplishment of
19    the following purposes:
20            (A) protecting and promoting the health, safety
21        and welfare of children, including homeless,
22        dependent, or neglected children;
23            (B) remedying, or assisting in the solution of
24        problems which may result in, the neglect, abuse,
25        exploitation, or delinquency of children;
26            (C) preventing the unnecessary separation of

 

 

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

 

 

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1            (I) placing and maintaining children in facilities
2        that provide separate living quarters for children
3        under the age of 18 and for children 18 years of age
4        and older, unless a child 18 years of age is in the
5        last year of high school education or vocational
6        training, in an approved individual or group treatment
7        program, in a licensed shelter facility, or secure
8        child care facility. The Department is not required to
9        place or maintain children:
10                (i) who are in a foster home, or
11                (ii) who are persons with a developmental
12            disability, as defined in the Mental Health and
13            Developmental Disabilities Code, or
14                (iii) who are female children who are
15            pregnant, pregnant and parenting, or parenting, or
16                (iv) who are siblings, in facilities that
17            provide separate living quarters for children 18
18            years of age and older and for children under 18
19            years of age.
20    (b) (Blank).
21    (c) The Department shall establish and maintain
22tax-supported child welfare services and extend and seek to
23improve voluntary services throughout the State, to the end
24that services and care shall be available on an equal basis
25throughout the State to children requiring such services.
26    (d) The Director may authorize advance disbursements for

 

 

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

 

 

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

 

 

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

 

 

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1disabilities, children who are older, or other hard-to-place
2children who (i) immediately prior to their adoption were youth
3in care or (ii) were determined eligible for financial
4assistance with respect to a prior adoption and who become
5available for adoption because the prior adoption has been
6dissolved and the parental rights of the adoptive parents have
7been terminated or because the child's adoptive parents have
8died. The Department may continue to provide financial
9assistance and education assistance grants for a child who was
10determined eligible for financial assistance under this
11subsection (j) in the interim period beginning when the child's
12adoptive parents died and ending with the finalization of the
13new adoption of the child by another adoptive parent or
14parents. The Department may also provide categories of
15financial assistance and education assistance grants, and
16shall establish rules and regulations for the assistance and
17grants, to persons appointed guardian of the person under
18Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
194-25, or 5-740 of the Juvenile Court Act of 1987 for children
20who were youth in care for 12 months immediately prior to the
21appointment of the guardian.
22    The amount of assistance may vary, depending upon the needs
23of the child and the adoptive parents, as set forth in the
24annual assistance agreement. Special purpose grants are
25allowed where the child requires special service but such costs
26may not exceed the amounts which similar services would cost

 

 

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

 

 

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

 

 

HB5764- 149 -LRB101 17112 AMC 66512 b

1provide services to any child or family who is the subject of
2any report of suspected child abuse or neglect or may refer
3such child or family to services available from other agencies
4in the community, even if the report is determined to be
5unfounded, if the conditions in the child's or family's home
6are reasonably likely to subject the child or family to future
7reports of suspected child abuse or neglect. Acceptance of such
8services shall be voluntary. The Department may also provide
9services to any child or family after completion of a family
10assessment, as an alternative to an investigation, as provided
11under the "differential response program" provided for in
12subsection (a-5) of Section 7.4 of the Abused and Neglected
13Child Reporting Act.
14    The Department may, at its discretion except for those
15children also adjudicated neglected or dependent, accept for
16care and training any child who has been adjudicated addicted,
17as a truant minor in need of supervision or as a minor
18requiring authoritative intervention, under the Juvenile Court
19Act or the Juvenile Court Act of 1987, but no such child shall
20be committed to the Department by any court without the
21approval of the Department. On and after January 1, 2015 (the
22effective date of Public Act 98-803) and before January 1,
232017, a minor charged with a criminal offense under the
24Criminal Code of 1961 or the Criminal Code of 2012 or
25adjudicated delinquent shall not be placed in the custody of or
26committed to the Department by any court, except (i) a minor

 

 

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1less than 16 years of age committed to the Department under
2Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
3for whom an independent basis of abuse, neglect, or dependency
4exists, which must be defined by departmental rule, or (iii) a
5minor for whom the court has granted a supplemental petition to
6reinstate wardship pursuant to subsection (2) of Section 2-33
7of the Juvenile Court Act of 1987. On and after January 1,
82017, a minor charged with a criminal offense under the
9Criminal Code of 1961 or the Criminal Code of 2012 or
10adjudicated delinquent shall not be placed in the custody of or
11committed to the Department by any court, except (i) a minor
12less than 15 years of age committed to the Department under
13Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
14for whom an independent basis of abuse, neglect, or dependency
15exists, which must be defined by departmental rule, or (iii) a
16minor for whom the court has granted a supplemental petition to
17reinstate wardship pursuant to subsection (2) of Section 2-33
18of the Juvenile Court Act of 1987. An independent basis exists
19when the allegations or adjudication of abuse, neglect, or
20dependency do not arise from the same facts, incident, or
21circumstances which give rise to a charge or adjudication of
22delinquency. The Department shall assign a caseworker to attend
23any hearing involving a youth in the care and custody of the
24Department who is placed on aftercare release, including
25hearings involving sanctions for violation of aftercare
26release conditions and aftercare release revocation hearings.

 

 

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1    As soon as is possible after August 7, 2009 (the effective
2date of Public Act 96-134), the Department shall develop and
3implement a special program of family preservation services to
4support intact, foster, and adoptive families who are
5experiencing extreme hardships due to the difficulty and stress
6of caring for a child who has been diagnosed with a pervasive
7developmental disorder if the Department determines that those
8services are necessary to ensure the health and safety of the
9child. The Department may offer services to any family whether
10or not a report has been filed under the Abused and Neglected
11Child Reporting Act. The Department may refer the child or
12family to services available from other agencies in the
13community if the conditions in the child's or family's home are
14reasonably likely to subject the child or family to future
15reports of suspected child abuse or neglect. Acceptance of
16these services shall be voluntary. The Department shall develop
17and implement a public information campaign to alert health and
18social service providers and the general public about these
19special family preservation services. The nature and scope of
20the services offered and the number of families served under
21the special program implemented under this paragraph shall be
22determined by the level of funding that the Department annually
23allocates for this purpose. The term "pervasive developmental
24disorder" under this paragraph means a neurological condition,
25including, but not limited to, Asperger's Syndrome and autism,
26as defined in the most recent edition of the Diagnostic and

 

 

HB5764- 152 -LRB101 17112 AMC 66512 b

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

 

 

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

 

 

HB5764- 154 -LRB101 17112 AMC 66512 b

1    (m) The Department may assume temporary custody of any
2child if:
3        (1) it has received a written consent to such temporary
4    custody signed by the parents of the child or by the parent
5    having custody of the child if the parents are not living
6    together or by the guardian or custodian of the child if
7    the child is not in the custody of either parent, or
8        (2) the child is found in the State and neither a
9    parent, guardian nor custodian of the child can be located.
10If the child is found in his or her residence without a parent,
11guardian, custodian, or responsible caretaker, the Department
12may, instead of removing the child and assuming temporary
13custody, place an authorized representative of the Department
14in that residence until such time as a parent, guardian, or
15custodian enters the home and expresses a willingness and
16apparent ability to ensure the child's health and safety and
17resume permanent charge of the child, or until a relative
18enters the home and is willing and able to ensure the child's
19health and safety and assume charge of the child until a
20parent, guardian, or custodian enters the home and expresses
21such willingness and ability to ensure the child's safety and
22resume permanent charge. After a caretaker has remained in the
23home for a period not to exceed 12 hours, the Department must
24follow those procedures outlined in Section 2-9, 3-11, 4-8, or
255-415 of the Juvenile Court Act of 1987.
26    The Department shall have the authority, responsibilities

 

 

HB5764- 155 -LRB101 17112 AMC 66512 b

1and duties that a legal custodian of the child would have
2pursuant to subsection (9) of Section 1-3 of the Juvenile Court
3Act of 1987. Whenever a child is taken into temporary custody
4pursuant to an investigation under the Abused and Neglected
5Child Reporting Act, or pursuant to a referral and acceptance
6under the Juvenile Court Act of 1987 of a minor in limited
7custody, the Department, during the period of temporary custody
8and before the child is brought before a judicial officer as
9required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
10Court Act of 1987, shall have the authority, responsibilities
11and duties that a legal custodian of the child would have under
12subsection (9) of Section 1-3 of the Juvenile Court Act of
131987.
14    The Department shall ensure that any child taken into
15custody is scheduled for an appointment for a medical
16examination.
17    A parent, guardian, or custodian of a child in the
18temporary custody of the Department who would have custody of
19the child if he were not in the temporary custody of the
20Department may deliver to the Department a signed request that
21the Department surrender the temporary custody of the child.
22The Department may retain temporary custody of the child for 10
23days after the receipt of the request, during which period the
24Department may cause to be filed a petition pursuant to the
25Juvenile Court Act of 1987. If a petition is so filed, the
26Department shall retain temporary custody of the child until

 

 

HB5764- 156 -LRB101 17112 AMC 66512 b

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

 

 

HB5764- 157 -LRB101 17112 AMC 66512 b

1supervision of any child placed in a licensed child care
2facility may be made by the Department, by the parents or
3guardians of the estates of those children, or by both the
4Department and the parents or guardians, except that no
5payments shall be made by the Department for any child placed
6in a licensed child care facility for board, clothing, care,
7training and supervision of such a child that exceed the
8average per capita cost of maintaining and of caring for a
9child in institutions for dependent or neglected children
10operated by the Department. However, such restriction on
11payments does not apply in cases where children require
12specialized care and treatment for problems of severe emotional
13disturbance, physical disability, social adjustment, or any
14combination thereof and suitable facilities for the placement
15of such children are not available at payment rates within the
16limitations set forth in this Section. All reimbursements for
17services delivered shall be absolutely inalienable by
18assignment, sale, attachment, or garnishment or otherwise.
19    (n-1) The Department shall provide or authorize child
20welfare services, aimed at assisting minors to achieve
21sustainable self-sufficiency as independent adults, for any
22minor eligible for the reinstatement of wardship pursuant to
23subsection (2) of Section 2-33 of the Juvenile Court Act of
241987, whether or not such reinstatement is sought or allowed,
25provided that the minor consents to such services and has not
26yet attained the age of 21. The Department shall have

 

 

HB5764- 158 -LRB101 17112 AMC 66512 b

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

 

 

HB5764- 159 -LRB101 17112 AMC 66512 b

1foster families with whom those youth are placed, shall be
2afforded the same procedural and appeal rights as children and
3families in the case of placement by the Department, including
4the right to an initial review of a private agency decision by
5that agency. The Department shall ensure that any private child
6welfare agency, which accepts youth in care for placement,
7affords those rights to children and foster families. The
8Department shall accept for administrative review and an appeal
9hearing a complaint made by (i) a child or foster family
10concerning a decision following an initial review by a private
11child welfare agency or (ii) a prospective adoptive parent who
12alleges a violation of subsection (j-5) of this Section. An
13appeal of a decision concerning a change in the placement of a
14child shall be conducted in an expedited manner. A court
15determination that a current foster home placement is necessary
16and appropriate under Section 2-28 of the Juvenile Court Act of
171987 does not constitute a judicial determination on the merits
18of an administrative appeal, filed by a former foster parent,
19involving a change of placement decision.
20    (p) (Blank).
21    (q) The Department may receive and use, in their entirety,
22for the benefit of children any gift, donation, or bequest of
23money or other property which is received on behalf of such
24children, or any financial benefits to which such children are
25or may become entitled while under the jurisdiction or care of
26the Department.

 

 

HB5764- 160 -LRB101 17112 AMC 66512 b

1    The Department shall set up and administer no-cost,
2interest-bearing accounts in appropriate financial
3institutions for children for whom the Department is legally
4responsible and who have been determined eligible for Veterans'
5Benefits, Social Security benefits, assistance allotments from
6the armed forces, court ordered payments, parental voluntary
7payments, Supplemental Security Income, Railroad Retirement
8payments, Black Lung benefits, or other miscellaneous
9payments. Interest earned by each account shall be credited to
10the account, unless disbursed in accordance with this
11subsection.
12    In disbursing funds from children's accounts, the
13Department shall:
14        (1) Establish standards in accordance with State and
15    federal laws for disbursing money from children's
16    accounts. In all circumstances, the Department's
17    "Guardianship Administrator" or his or her designee must
18    approve disbursements from children's accounts. The
19    Department shall be responsible for keeping complete
20    records of all disbursements for each account for any
21    purpose.
22        (2) Calculate on a monthly basis the amounts paid from
23    State funds for the child's board and care, medical care
24    not covered under Medicaid, and social services; and
25    utilize funds from the child's account, as covered by
26    regulation, to reimburse those costs. Monthly,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (u-5) Effective July 1, 1995, only foster care placements
2licensed as foster family homes pursuant to the Child Care Act
3of 1969 shall be eligible to receive foster care payments from
4the Department. Relative caregivers who, as of July 1, 1995,
5were approved pursuant to approved relative placement rules
6previously promulgated by the Department at 89 Ill. Adm. Code
7335 and had submitted an application for licensure as a foster
8family home may continue to receive foster care payments only
9until the Department determines that they may be licensed as a
10foster family home or that their application for licensure is
11denied or until September 30, 1995, whichever occurs first.
12    (v) The Department shall access criminal history record
13information as defined in the Illinois Uniform Conviction
14Information Act and information maintained in the adjudicatory
15and dispositional record system as defined in Section 2605-355
16of the Department of State Police Law (20 ILCS 2605/2605-355)
17if the Department determines the information is necessary to
18perform its duties under the Abused and Neglected Child
19Reporting Act, the Child Care Act of 1969, and the Children and
20Family Services Act. The Department shall provide for
21interactive computerized communication and processing
22equipment that permits direct on-line communication with the
23Department of State Police's central criminal history data
24repository. The Department shall comply with all certification
25requirements and provide certified operators who have been
26trained by personnel from the Department of State Police. In

 

 

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

 

 

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1abuse and neglect registry.
2    (w) Within 120 days of August 20, 1995 (the effective date
3of Public Act 89-392), the Department shall prepare and submit
4to the Governor and the General Assembly, a written plan for
5the development of in-state licensed secure child care
6facilities that care for children who are in need of secure
7living arrangements for their health, safety, and well-being.
8For purposes of this subsection, secure care facility shall
9mean a facility that is designed and operated to ensure that
10all entrances and exits from the facility, a building or a
11distinct part of the building, are under the exclusive control
12of the staff of the facility, whether or not the child has the
13freedom of movement within the perimeter of the facility,
14building, or distinct part of the building. The plan shall
15include descriptions of the types of facilities that are needed
16in Illinois; the cost of developing these secure care
17facilities; the estimated number of placements; the potential
18cost savings resulting from the movement of children currently
19out-of-state who are projected to be returned to Illinois; the
20necessary geographic distribution of these facilities in
21Illinois; and a proposed timetable for development of such
22facilities.
23    (x) The Department shall conduct annual credit history
24checks to determine the financial history of children placed
25under its guardianship pursuant to the Juvenile Court Act of
261987. The Department shall conduct such credit checks starting

 

 

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1when a youth in care turns 12 years old and each year
2thereafter for the duration of the guardianship as terminated
3pursuant to the Juvenile Court Act of 1987. The Department
4shall determine if financial exploitation of the child's
5personal information has occurred. If financial exploitation
6appears to have taken place or is presently ongoing, the
7Department shall notify the proper law enforcement agency, the
8proper State's Attorney, or the Attorney General.
9    (y) Beginning on July 22, 2010 (the effective date of
10Public Act 96-1189), a child with a disability who receives
11residential and educational services from the Department shall
12be eligible to receive transition services in accordance with
13Article 14 of the School Code from the age of 14.5 through age
1421, inclusive, notwithstanding the child's residential
15services arrangement. For purposes of this subsection, "child
16with a disability" means a child with a disability as defined
17by the federal Individuals with Disabilities Education
18Improvement Act of 2004.
19    (z) The Department shall access criminal history record
20information as defined as "background information" in this
21subsection and criminal history record information as defined
22in the Illinois Uniform Conviction Information Act for each
23Department employee or Department applicant. Each Department
24employee or Department applicant shall submit his or her
25fingerprints to the Department of State Police in the form and
26manner prescribed by the Department of State Police. These

 

 

HB5764- 169 -LRB101 17112 AMC 66512 b

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

 

 

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1    Children and Family Services after performing a check of
2    the Child Abuse and Neglect Tracking System (CANTS)
3    operated and maintained by the Department.
4    "Department employee" means a full-time or temporary
5employee coded or certified within the State of Illinois
6Personnel System.
7    "Department applicant" means an individual who has
8conditional Department full-time or part-time work, a
9contractor, an individual used to replace or supplement staff,
10an academic intern, a volunteer in Department offices or on
11Department contracts, a work-study student, an individual or
12entity licensed by the Department, or an unlicensed service
13provider who works as a condition of a contract or an agreement
14and whose work may bring the unlicensed service provider into
15contact with Department clients or client records.
16(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;
17100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.
188-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,
19eff. 7-12-19; revised 8-1-19.)
 
20    (20 ILCS 505/42)
21    Sec. 42. Foster care survey. The Department, in
22coordination with the Foster Care Alumni of America Illinois
23Chapter, the School of Social Work at the University of
24Illinois at Urbana-Champaign, and the Department's Statewide
25Youth Advisory Board, shall develop and process a standardized

 

 

HB5764- 171 -LRB101 17112 AMC 66512 b

1survey to gather feedback from children who are aging out of
2foster care and from children who have transitioned out of the
3foster care system. The survey shall include requests for
4information regarding the children's experience with and
5opinion of State foster care services, the children's
6recommendations for improvement of such services, the amount of
7time the children spent in the foster care system, and any
8other information deemed relevant by the Department. After the
9survey is created the Department shall circulate the survey to
10all youth participating in transitional living programs,
11independent living programs, or Youth in College and to all
12youth receiving scholarships or tuition waivers under the DCFS
13Scholarship Program. The Department shall conduct the survey
14every 5 years. At the completion of each survey, the
15Department, in coordination with the Foster Care Alumni of
16America Illinois Chapter, the School of Social Work at the
17University of Illinois at Urbana-Champaign, and the
18Department's Statewide Youth Advisory Board, shall submit a
19report with a detailed review of the survey results to the
20Governor and the General Assembly. The first report shall be
21submitted no later than December 1, 2021 and every 5 years
22thereafter.
23(Source: P.A. 101-166, eff. 1-1-20.)
 
24    (20 ILCS 505/43)
25    Sec. 43 42. Intergovernmental agreement; transitioning

 

 

HB5764- 172 -LRB101 17112 AMC 66512 b

1youth in care.
2    (a) In order to intercept and divert youth in care from
3experiencing homelessness, incarceration, unemployment, and
4other similar outcomes, within 180 days after July 26, 2019
5(the effective date of Public Act 101-167) this amendatory Act
6of the 101st General Assembly, the Department of Children and
7Family Services, the Department of Human Services, the
8Department of Healthcare and Family Services, the Illinois
9State Board of Education, the Department of Juvenile Justice,
10the Department of Corrections, the Illinois Urban Development
11Authority, and the Department of Public Health shall enter into
12an interagency agreement for the purpose of providing
13preventive services to youth in care and young adults who are
14aging out of or have recently aged out of the custody or
15guardianship of the Department of Children and Family Services.
16    (b) The intergovernmental agreement shall require the
17agencies listed in subsection (a) to: (i) establish an
18interagency liaison to review cases of youth in care and young
19adults who are at risk of homelessness, incarceration, or other
20similar outcomes; and (ii) connect such youth in care and young
21adults to the appropriate supportive services and treatment
22programs to stabilize them during their transition out of State
23care. Under the interagency agreement, the agencies listed in
24subsection (a) shall determine how best to provide the
25following supportive services to youth in care and young adults
26who are at risk of homelessness, incarceration, or other

 

 

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1similar outcomes:
2        (1) Housing support.
3        (2) Educational support.
4        (3) Employment support.
5    (c) On January 1, 2021, and each January 1 thereafter, the
6agencies listed in subsection (a) shall submit a report to the
7General Assembly on the following:
8        (1) The number of youth in care and young adults who
9    were intercepted during the reporting period and the
10    supportive services and treatment programs they were
11    connected with to prevent homelessness, incarnation, or
12    other negative outcomes.
13        (2) The duration of the services the youth in care and
14    young adults received in order to stabilize them during
15    their transition out of State care.
16    (d) Outcomes and data reported annually to the General
17Assembly. On January 1, 2021 and each January 1 thereafter, the
18Department of Children and Family Services shall submit a
19report to the General Assembly on the following:
20        (1) The number of youth in care and young adults who
21    are aging out or have aged out of State care during the
22    reporting period.
23        (2) The length and type of services that were offered
24    to the youth in care and young adults reported under
25    paragraph (1) and the status of those youth in care and
26    young adults.

 

 

HB5764- 174 -LRB101 17112 AMC 66512 b

1(Source: P.A. 101-167, eff. 7-26-19; revised 9-17-19.)
 
2    Section 90. The Statewide Foster Care Advisory Council Law
3is amended by changing Section 5-20 as follows:
 
4    (20 ILCS 525/5-20)
5    Sec. 5-20. Meetings.
6    (a) Regular meetings of the Statewide Foster Care Advisory
7Council shall be held at least quarterly. The meetings shall
8take place at locations, dates, and times determined by the
9Chairperson of the Advisory Council after consultation with
10members of the Advisory Council and the Director or the
11designated Department staff member.
12    It shall be the responsibility of the designated Department
13staff member at the direction of the Chairperson to give
14notices of the location, dates, and time of meetings to each
15member of the Advisory Council, to the Director, and to staff
16consultants at least 30 days prior to each meeting.
17    Notice of all scheduled meetings shall be in full
18compliance with the Illinois Open Meetings Act.
19    (b) Special meetings of the Advisory Council may be called
20by the Chairperson after consultation with members of the
21Council and the Director or the designated Department staff
22member, provided that:
23        (1) at least 7 days' notice by mail is given the
24    membership;

 

 

HB5764- 175 -LRB101 17112 AMC 66512 b

1        (2) the notice sets forth the purpose or purposes of
2    the meeting; and
3        (3) no business is transacted other than that specified
4    in the notice.
5    (c) An agenda of scheduled business for deliberation shall
6be developed in coordination with the Department and the
7Chairperson and distributed to the members of the Advisory
8Council at least 7 days prior to a scheduled meeting of the
9Council.
10    (d) If a member is absent from 2 consecutive meetings or
11has not continued to make a significant contribution as
12evidenced by involvement in council activities, membership
13termination may be recommended by the Chairperson to the
14Director. The member shall be terminated and notified in
15writing. Members shall submit written confirmation of good
16cause to the Chairperson or designated Department staff member
17when a meeting has been missed.
18(Source: P.A. 89-19, eff. 6-3-95; revised 7-12-19.)
 
19    Section 95. The Department of Commerce and Economic
20Opportunity Law of the Civil Administrative Code of Illinois is
21amended by renumbering and changing Section 913 and by setting
22forth and renumbering multiple versions of Section 605-1025 as
23follows:
 
24    (20 ILCS 605/605-913)

 

 

HB5764- 176 -LRB101 17112 AMC 66512 b

1    Sec. 605-913 913. Clean Water Workforce Pipeline Program.
2    (a) The General Assembly finds the following:
3        (1) The fresh surface water and groundwater supply in
4    Illinois and Lake Michigan constitute vital natural
5    resources that require careful stewardship and protection
6    for future generations. Access to safe and clean drinking
7    water is the right of all Illinois residents.
8        (2) To adequately protect these resources and provide
9    safe and clean drinking water, substantial investment is
10    needed to replace lead components in drinking water
11    infrastructure, improve wastewater treatment, flood
12    control, and stormwater management, control aquatic
13    invasive species, implement green infrastructure
14    solutions, and implement other infrastructure solutions to
15    protect water quality.
16        (3) Implementing these clean water solutions will
17    require a skilled and trained workforce, and new
18    investments will demand additional workers with
19    specialized skills.
20        (4) Water infrastructure jobs have been shown to
21    provide living wages and contribute to Illinois' economy.
22        (5) Significant populations of Illinois residents,
23    including, but not limited to, residents of environmental
24    justice communities, economically and socially
25    disadvantaged communities, those returning from the
26    criminal justice system, foster care alumni, and in

 

 

HB5764- 177 -LRB101 17112 AMC 66512 b

1    particular women and transgender persons, are in need of
2    access to skilled living wage jobs like those in the water
3    infrastructure sector.
4        (6) Many of these residents are more likely to live in
5    communities with aging and inadequate clean water
6    infrastructure and suffer from threats to surface and
7    drinking water quality.
8        (7) The State can provide significant economic
9    opportunities to these residents and achieve greater
10    environmental and public health by investing in clean water
11    infrastructure.
12        (8) New training, recruitment, support, and placement
13    efforts are needed to connect these residents with career
14    opportunities in water infrastructure.
15        (9) The State must invest in both clean water
16    infrastructure and workforce development efforts in order
17    to achieve these goals.
18    (b) From appropriations made from the Build Illinois Bond
19Fund, Capital Development Fund, or General Revenue Fund or
20other funds as identified by the Department, the Department
21shall create a Clean Water Workforce Pipeline Program to
22provide grants and other financial assistance to prepare and
23support individuals for careers in water infrastructure. All
24funding provided by the Program under this Section shall be
25designed to encourage and facilitate employment in projects
26funded through State capital investment and provide

 

 

HB5764- 178 -LRB101 17112 AMC 66512 b

1participants a skill set to allow them to work professionally
2in fields related to water infrastructure.
3    Grants and other financial assistance may be made available
4on a competitive annual basis to organizations that demonstrate
5a capacity to recruit, support, train, and place individuals in
6water infrastructure careers, including, but not limited to,
7community organizations, educational institutions, workforce
8investment boards, community action agencies, and multi-craft
9labor organizations for new efforts specifically focused on
10engaging residents of environmental justice communities,
11economically and socially disadvantaged communities, those
12returning from the criminal justice system, foster care alumni,
13and in particular women and transgender persons in these
14populations.
15    Grants and other financial assistance shall be awarded on a
16competitive and annual basis for the following activities:
17        (1) identification of individuals for job training in
18    the water sector;
19        (2) counseling, preparation, skills training, and
20    other support to increase a candidate's likelihood of
21    success in a job training program and career;
22        (3) financial support for individuals in a water sector
23    job skills training program, support services, and
24    transportation assistance tied to training under this
25    Section;
26        (4) job placement services for individuals during and

 

 

HB5764- 179 -LRB101 17112 AMC 66512 b

1    after completion of water sector job skills training
2    programs; and
3        (5) financial, administrative, and management
4    assistance for organizations engaged in these activities.
5    (c) It shall be an annual goal of the Program to train and
6place at least 300, or 25% of the number of annual jobs created
7by State financed water infrastructure projects, whichever is
8greater, of the following persons in water sector-related
9apprenticeships annually: residents of environmental justice
10communities; residents of economically and socially
11disadvantaged communities; those returning from the criminal
12justice system; foster care alumni; and, in particular, women
13and transgender persons. In awarding and administering grants
14under this Program, the Department shall strive to provide
15assistance equitably throughout the State.
16    In order to encourage the employment of individuals trained
17through the Program onto projects receiving State financial
18assistance, the Department shall coordinate with the Illinois
19Environmental Protection Agency, the Illinois Finance
20Authority, and other State agencies that provide financial
21support for water infrastructure projects. These agencies
22shall take steps to support attaining the training and
23placement goals set forth in this subsection, using a list of
24projects that receive State financial support. These agencies
25may propose and adopt rules to facilitate the attainment of
26this goal.

 

 

HB5764- 180 -LRB101 17112 AMC 66512 b

1    Using funds appropriated for the purposes of this Section,
2the Department may select through a competitive bidding process
3a Program Administrator to oversee the allocation of funds and
4select organizations that receive funding.
5    Recipients of grants under the Program shall report
6annually to the Department on the success of their efforts and
7their contribution to reaching the goals of the Program
8provided in this subsection. The Department shall compile this
9information and annually report to the General Assembly on the
10Program, including, but not limited to, the following
11information:
12        (1) progress toward the goals stated in this
13    subsection;
14        (2) any increase in the percentage of water industry
15    jobs in targeted populations;
16        (3) any increase in the rate of acceptance, completion,
17    or retention of water training programs among targeted
18    populations;
19        (4) any increase in the rate of employment, including
20    hours and annual income, measured against pre-Program
21    participant income; and
22        (5) any recommendations for future changes to optimize
23    the success of the Program.
24    (d) Within 90 days after January 1, 2020 (the effective
25date of Public Act 101-576) this amendatory Act of the 101st
26General Assembly, the Department shall propose a draft plan to

 

 

HB5764- 181 -LRB101 17112 AMC 66512 b

1implement this Section for public comment. The Department shall
2allow a minimum of 60 days for public comment on the plan,
3including one or more public hearings, if requested. The
4Department shall finalize the plan within 180 days of January
51, 2020 (the effective date of Public Act 101-576) this
6amendatory Act of the 101st General Assembly.
7    The Department may propose and adopt any rules necessary
8for the implementation of the Program and to ensure compliance
9with this Section.
10    (e) The Water Workforce Development Fund is created as a
11special fund in the State treasury. The Fund shall receive
12moneys appropriated for the purpose of this Section from the
13Build Illinois Bond Fund, the Capital Development Fund, the
14General Revenue Fund and any other funds. Moneys in the Fund
15shall only be used to fund the Program and to assist and enable
16implementation of clean water infrastructure capital
17investments. Notwithstanding any other law to the contrary, the
18Water Workforce Development Fund is not subject to sweeps,
19administrative charge-backs, or any other fiscal or budgetary
20maneuver that would in any way transfer any amounts from the
21Water Workforce Development Fund into any other fund of the
22State.
23    (f) For purpose of this Section:
24    "Environmental justice community" has the meaning provided
25in subsection (b) of Section 1-50 of the Illinois Power Agency
26Act.

 

 

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1    "Multi-craft labor organization" means a joint
2labor-management apprenticeship program registered with and
3approved by the United States Department of Labor's Office of
4Apprenticeship or a labor organization that has an accredited
5training program through the Higher Learning Commission or the
6Illinois Community College Board.
7    "Organization" means a corporation, company, partnership,
8association, society, order, labor organization, or individual
9or aggregation of individuals.
10(Source: P.A. 101-576, eff. 1-1-20; revised 11-21-19.)
 
11    (20 ILCS 605/605-1025)
12    Sec. 605-1025. Data center investment.
13    (a) The Department shall issue certificates of exemption
14from the Retailers' Occupation Tax Act, the Use Tax Act, the
15Service Use Tax Act, and the Service Occupation Tax Act, all
16locally-imposed retailers' occupation taxes administered and
17collected by the Department, the Chicago non-titled Use Tax,
18and a credit certification against the taxes imposed under
19subsections (a) and (b) of Section 201 of the Illinois Income
20Tax Act to qualifying Illinois data centers.
21    (b) For taxable years beginning on or after January 1,
222019, the Department shall award credits against the taxes
23imposed under subsections (a) and (b) of Section 201 of the
24Illinois Income Tax Act as provided in Section 229 of the
25Illinois Income Tax Act.

 

 

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1    (c) For purposes of this Section:
2        "Data center" means a facility: (1) whose primary
3    services are the storage, management, and processing of
4    digital data; and (2) that is used to house (i) computer
5    and network systems, including associated components such
6    as servers, network equipment and appliances,
7    telecommunications, and data storage systems, (ii) systems
8    for monitoring and managing infrastructure performance,
9    (iii) Internet-related equipment and services, (iv) data
10    communications connections, (v) environmental controls,
11    (vi) fire protection systems, and (vii) security systems
12    and services.
13        "Qualifying Illinois data center" means a new or
14    existing data center that:
15            (1) is located in the State of Illinois;
16            (2) in the case of an existing data center, made a
17        capital investment of at least $250,000,000
18        collectively by the data center operator and the
19        tenants of the data center over the 60-month period
20        immediately prior to January 1, 2020 or committed to
21        make a capital investment of at least $250,000,000 over
22        a 60-month period commencing before January 1, 2020 and
23        ending after January 1, 2020; or
24            (3) in the case of a new data center, or an
25        existing data center making an upgrade, makes a capital
26        investment of at least $250,000,000 over a 60-month

 

 

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1        period beginning on or after January 1, 2020; and
2            (4) in the case of both existing and new data
3        centers, results in the creation of at least 20
4        full-time or full-time equivalent new jobs over a
5        period of 60 months by the data center operator and the
6        tenants of the data center, collectively, associated
7        with the operation or maintenance of the data center;
8        those jobs must have a total compensation equal to or
9        greater than 120% of the average wage paid to full-time
10        employees in the county where the data center is
11        located, as determined by the U.S. Bureau of Labor
12        Statistics; and
13            (5) within 90 days after being placed in service,
14        certifies to the Department that it is carbon neutral
15        or has attained certification under one or more of the
16        following green building standards:
17                (A) BREEAM for New Construction or BREEAM
18            In-Use;
19                (B) ENERGY STAR;
20                (C) Envision;
21                (D) ISO 50001-energy management;
22                (E) LEED for Building Design and Construction
23            or LEED for Operations and Maintenance;
24                (F) Green Globes for New Construction or Green
25            Globes for Existing Buildings;
26                (G) UL 3223; or

 

 

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1                (H) an equivalent program approved by the
2            Department of Commerce and Economic Opportunity.
3        "Full-time equivalent job" means a job in which the new
4    employee works for the owner, operator, contractor, or
5    tenant of a data center or for a corporation under contract
6    with the owner, operator or tenant of a data center at a
7    rate of at least 35 hours per week. An owner, operator or
8    tenant who employs labor or services at a specific site or
9    facility under contract with another may declare one
10    full-time, permanent job for every 1,820 man hours worked
11    per year under that contract. Vacations, paid holidays, and
12    sick time are included in this computation. Overtime is not
13    considered a part of regular hours.
14        "Qualified tangible personal property" means:
15    electrical systems and equipment; climate control and
16    chilling equipment and systems; mechanical systems and
17    equipment; monitoring and secure systems; emergency
18    generators; hardware; computers; servers; data storage
19    devices; network connectivity equipment; racks; cabinets;
20    telecommunications cabling infrastructure; raised floor
21    systems; peripheral components or systems; software;
22    mechanical, electrical, or plumbing systems; battery
23    systems; cooling systems and towers; temperature control
24    systems; other cabling; and other data center
25    infrastructure equipment and systems necessary to operate
26    qualified tangible personal property, including fixtures;

 

 

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1    and component parts of any of the foregoing, including
2    installation, maintenance, repair, refurbishment, and
3    replacement of qualified tangible personal property to
4    generate, transform, transmit, distribute, or manage
5    electricity necessary to operate qualified tangible
6    personal property; and all other tangible personal
7    property that is essential to the operations of a computer
8    data center. "Qualified tangible personal property" also
9    includes building materials physically incorporated in to
10    the qualifying data center.
11    To document the exemption allowed under this Section, the
12retailer must obtain from the purchaser a copy of the
13certificate of eligibility issued by the Department.
14    (d) New and existing data centers seeking a certificate of
15exemption for new or existing facilities shall apply to the
16Department in the manner specified by the Department. The
17Department shall determine the duration of the certificate of
18exemption awarded under this Act. The duration of the
19certificate of exemption may not exceed 20 calendar years. The
20Department and any data center seeking the exemption, including
21a data center operator on behalf of itself and its tenants,
22must enter into a memorandum of understanding that at a minimum
23provides:
24        (1) the details for determining the amount of capital
25    investment to be made;
26        (2) the number of new jobs created;

 

 

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1        (3) the timeline for achieving the capital investment
2    and new job goals;
3        (4) the repayment obligation should those goals not be
4    achieved and any conditions under which repayment by the
5    qualifying data center or data center tenant claiming the
6    exemption will be required;
7        (5) the duration of the exemption; and
8        (6) other provisions as deemed necessary by the
9    Department.
10    (e) Beginning July 1, 2021, and each year thereafter, the
11Department shall annually report to the Governor and the
12General Assembly on the outcomes and effectiveness of Public
13Act 101-31 that shall include the following:
14        (1) the name of each recipient business;
15        (2) the location of the project;
16        (3) the estimated value of the credit;
17        (4) the number of new jobs and, if applicable, retained
18    jobs pledged as a result of the project; and
19        (5) whether or not the project is located in an
20    underserved area.
21    (f) New and existing data centers seeking a certificate of
22exemption related to the rehabilitation or construction of data
23centers in the State shall require the contractor and all
24subcontractors to comply with the requirements of Section 30-22
25of the Illinois Procurement Code as they apply to responsible
26bidders and to present satisfactory evidence of that compliance

 

 

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1to the Department.
2    (g) New and existing data centers seeking a certificate of
3exemption for the rehabilitation or construction of data
4centers in the State shall require the contractor to enter into
5a project labor agreement approved by the Department.
6    (h) Any qualifying data center issued a certificate of
7exemption under this Section must annually report to the
8Department the total data center tax benefits that are received
9by the business. Reports are due no later than May 31 of each
10year and shall cover the previous calendar year. The first
11report is for the 2019 calendar year and is due no later than
12May 31, 2020.
13    To the extent that a business issued a certificate of
14exemption under this Section has obtained an Enterprise Zone
15Building Materials Exemption Certificate or a High Impact
16Business Building Materials Exemption Certificate, no
17additional reporting for those building materials exemption
18benefits is required under this Section.
19    Failure to file a report under this subsection (h) may
20result in suspension or revocation of the certificate of
21exemption. Factors to be considered in determining whether a
22data center certificate of exemption shall be suspended or
23revoked include, but are not limited to, prior compliance with
24the reporting requirements, cooperation in discontinuing and
25correcting violations, the extent of the violation, and whether
26the violation was willful or inadvertent.

 

 

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1    (i) The Department shall not issue any new certificates of
2exemption under the provisions of this Section after July 1,
32029. This sunset shall not affect any existing certificates of
4exemption in effect on July 1, 2029.
5    (j) The Department shall adopt rules to implement and
6administer this Section.
7(Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 12-13-19.)
 
8    (20 ILCS 605/605-1035)
9    Sec. 605-1035 605-1025. Training in the Building Trades
10Program.
11    (a) Subject to appropriation, the Department of Commerce
12and Economic Opportunity may establish a Training in the
13Building Trades Program to award grants to community-based
14organizations for the purpose of establishing training
15programs for persons who are 18 through 35 years of age and
16have an interest in the building trades. Persons eligible to
17participate in the Program shall include youth who have aged
18out of foster care and have an interest in the building trades.
19The Department of Children and Family Services, in consultation
20with the Department of Commerce and Economic Opportunity, shall
21identify and refer eligible youth to those community-based
22organizations that receive grants under this Section. Under the
23training programs, each participating person shall receive the
24following:
25        (1) Formal training and education in the fundamentals

 

 

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1    and core competencies in the person's chosen trade. Such
2    training and education shall be provided by a trained and
3    skilled tradesman or journeyman who is a member of a trade
4    union and who is paid the general prevailing rate of hourly
5    wages in the locality in which the work is to be performed.
6        (2) Hands-on experience to further develop the
7    person's building trade skills by participating in
8    community improvement projects involving the
9    rehabilitation of vacant and abandoned residential
10    property in economically depressed areas of the State.
11    Selected organizations shall also use the grant money to
12establish an entrepreneurship program to provide eligible
13persons with the capital and business management skills
14necessary to successfully launch their own businesses as
15contractors, subcontractors, real estate agents, or property
16managers or as any other entrepreneurs in the building trades.
17Eligibility under the entrepreneurship program shall be
18restricted to persons who reside in one of the economically
19depressed areas selected to receive community improvement
20projects in accordance with this subsection and who have
21obtained the requisite skill set for a particular building
22trade after successfully completing a training program
23established in accordance with this subsection. Grants
24provided under this Section may also be used to purchase the
25equipment and materials needed to rehabilitate any vacant and
26abandoned residential property that is eligible for

 

 

HB5764- 191 -LRB101 17112 AMC 66512 b

1acquisition as described in subsection (b).
2    (b) Property eligible for acquisition and rehabilitation
3under the Training in the Building Trades Program.
4        (1) A community-based organization that is selected to
5    participate in the Training in the Building Trades Program
6    may enter into an agreement with a financial institution to
7    rehabilitate abandoned residential property in foreclosure
8    with the express condition that, after the rehabilitation
9    project is complete, the financial institution shall:
10            (A) sell the residential property for no less than
11        its fair market value; and
12            (B) use any proceeds from the sale to (i) reimburse
13        the community-based organization for all costs
14        associated with rehabilitating the property and (ii)
15        make satisfactory payment for any other claims against
16        the property. Any remaining sale proceeds of the
17        residential property shall be retained by the
18        financial institution.
19        (2)(A) A unit of local government may enact an
20    ordinance that permits the acquisition and rehabilitation
21    of abandoned residential property under the Training in the
22    Building Trades Program. Under the ordinance, any owner of
23    residential property that has been abandoned for at least 3
24    years shall be notified that the abandoned property is
25    subject to acquisition and rehabilitation under the
26    Program and that if the owner does not respond to the

 

 

HB5764- 192 -LRB101 17112 AMC 66512 b

1    notice within the time period prescribed by the unit of
2    local government, the owner shall lose all right, title,
3    and interest in the property. Such notice shall be given as
4    follows:
5            (i) by mailing a copy of the notice by certified
6        mail to the owner's last known mailing address;
7            (ii) by publication in a newspaper published in the
8        municipality or county where the property is located;
9        and
10            (iii) by recording the notice with the office of
11        the recorder of the county in which the property is
12        located.
13        (B) If the owner responds to the notice within the time
14    period prescribed by the unit of local government, the
15    owner shall be given the option to either bring the
16    property into compliance with all applicable fire,
17    housing, and building codes within 6 months or enter into
18    an agreement with a community-based organization under the
19    Program to rehabilitate the residential property. If the
20    owner chooses to enter into an agreement with a
21    community-based organization to rehabilitate the
22    residential property, such agreement shall be made with the
23    express condition that, after the rehabilitation project
24    is complete, the owner shall:
25            (i) sell the residential property for no less than
26        its fair market value; and

 

 

HB5764- 193 -LRB101 17112 AMC 66512 b

1            (ii) use any proceeds from the sale to (a)
2        reimburse the community-based organization for all
3        costs associated with rehabilitating the property and
4        (b) make satisfactory payment for any other claims
5        against the property. Any remaining sale proceeds of
6        the residential property shall be distributed as
7        follows:
8                (I) 20% shall be distributed to the owner.
9                (II) 80% shall be deposited into the Training
10            in the Building Trades Fund created under
11            subsection (e).
12    (c) The Department of Commerce and Economic Opportunity
13shall select from each of the following geographical regions of
14the State a community-based organization with experience
15working with the building trades:
16        (1) Central Illinois.
17        (2) Northeastern Illinois.
18        (3) Southern (Metro-East) Illinois.
19        (4) Southern Illinois.
20        (5) Western Illinois.
21    (d) Grants awarded under this Section shall be funded
22through appropriations from the Training in the Building Trades
23Fund created under subsection (e). The Department of Commerce
24and Economic Opportunity may adopt any rules necessary to
25implement the provisions of this Section.
26    (e) The Training in the Building Trades Fund is created as

 

 

HB5764- 194 -LRB101 17112 AMC 66512 b

1a special fund in the State treasury. The Fund shall consist of
2any moneys deposited into the Fund as provided in subparagraph
3(B) of paragraph (2) of subsection (b) and any moneys
4appropriated to the Department of Commerce and Economic
5Opportunity for the Training in the Building Trades Program.
6Moneys in the Fund shall be expended for the Training in the
7Building Trades Program under subsection (a) and for no other
8purpose. All interest earned on moneys in the Fund shall be
9deposited into the Fund.
10(Source: P.A. 101-469, eff. 1-1-20; revised 10-18-19.)
 
11    (20 ILCS 605/605-1040)
12    Sec. 605-1040 605-1025. Assessment of marketing programs.
13The Department shall, in consultation with the General
14Assembly, complete an assessment of its current practices
15related to marketing programs administered by the Department
16and the extent to which the Department assists Illinois
17residents in the use and coordination of programs offered by
18the Department. That assessment shall be completed by December
1931, 2019.
20    Upon review of the assessment, if the Department, in
21consultation with the General Assembly, concludes that a
22Citizens Services Coordinator is needed to assist Illinois
23residents in obtaining services and programs offered by the
24Department, then the Department may, subject to appropriation,
25hire an individual to serve as a Citizens Services Coordinator.

 

 

HB5764- 195 -LRB101 17112 AMC 66512 b

1The Citizens Services Coordinator shall assist Illinois
2residents seeking out and obtaining services and programs
3offered by the Department and shall monitor resident inquiries
4to determine which services are most in demand on a regional
5basis.
6(Source: P.A. 101-497, eff. 1-1-20; revised 10-18-19.)
 
7    Section 100. The Illinois Enterprise Zone Act is amended by
8changing Sections 5.5 and 13 as follows:
 
9    (20 ILCS 655/5.5)   (from Ch. 67 1/2, par. 609.1)
10    Sec. 5.5. High Impact Business.
11    (a) In order to respond to unique opportunities to assist
12in the encouragement, development, growth, and expansion of the
13private sector through large scale investment and development
14projects, the Department is authorized to receive and approve
15applications for the designation of "High Impact Businesses" in
16Illinois subject to the following conditions:
17        (1) such applications may be submitted at any time
18    during the year;
19        (2) such business is not located, at the time of
20    designation, in an enterprise zone designated pursuant to
21    this Act;
22        (3) the business intends to do one or more of the
23    following:
24            (A) the business intends to make a minimum

 

 

HB5764- 196 -LRB101 17112 AMC 66512 b

1        investment of $12,000,000 which will be placed in
2        service in qualified property and intends to create 500
3        full-time equivalent jobs at a designated location in
4        Illinois or intends to make a minimum investment of
5        $30,000,000 which will be placed in service in
6        qualified property and intends to retain 1,500
7        full-time retained jobs at a designated location in
8        Illinois. The business must certify in writing that the
9        investments would not be placed in service in qualified
10        property and the job creation or job retention would
11        not occur without the tax credits and exemptions set
12        forth in subsection (b) of this Section. The terms
13        "placed in service" and "qualified property" have the
14        same meanings as described in subsection (h) of Section
15        201 of the Illinois Income Tax Act; or
16            (B) the business intends to establish a new
17        electric generating facility at a designated location
18        in Illinois. "New electric generating facility", for
19        purposes of this Section, means a newly-constructed
20        electric generation plant or a newly-constructed
21        generation capacity expansion at an existing electric
22        generation plant, including the transmission lines and
23        associated equipment that transfers electricity from
24        points of supply to points of delivery, and for which
25        such new foundation construction commenced not sooner
26        than July 1, 2001. Such facility shall be designed to

 

 

HB5764- 197 -LRB101 17112 AMC 66512 b

1        provide baseload electric generation and shall operate
2        on a continuous basis throughout the year; and (i)
3        shall have an aggregate rated generating capacity of at
4        least 1,000 megawatts for all new units at one site if
5        it uses natural gas as its primary fuel and foundation
6        construction of the facility is commenced on or before
7        December 31, 2004, or shall have an aggregate rated
8        generating capacity of at least 400 megawatts for all
9        new units at one site if it uses coal or gases derived
10        from coal as its primary fuel and shall support the
11        creation of at least 150 new Illinois coal mining jobs,
12        or (ii) shall be funded through a federal Department of
13        Energy grant before December 31, 2010 and shall support
14        the creation of Illinois coal-mining jobs, or (iii)
15        shall use coal gasification or integrated
16        gasification-combined cycle units that generate
17        electricity or chemicals, or both, and shall support
18        the creation of Illinois coal-mining jobs. The
19        business must certify in writing that the investments
20        necessary to establish a new electric generating
21        facility would not be placed in service and the job
22        creation in the case of a coal-fueled plant would not
23        occur without the tax credits and exemptions set forth
24        in subsection (b-5) of this Section. The term "placed
25        in service" has the same meaning as described in
26        subsection (h) of Section 201 of the Illinois Income

 

 

HB5764- 198 -LRB101 17112 AMC 66512 b

1        Tax Act; or
2            (B-5) the business intends to establish a new
3        gasification facility at a designated location in
4        Illinois. As used in this Section, "new gasification
5        facility" means a newly constructed coal gasification
6        facility that generates chemical feedstocks or
7        transportation fuels derived from coal (which may
8        include, but are not limited to, methane, methanol, and
9        nitrogen fertilizer), that supports the creation or
10        retention of Illinois coal-mining jobs, and that
11        qualifies for financial assistance from the Department
12        before December 31, 2010. A new gasification facility
13        does not include a pilot project located within
14        Jefferson County or within a county adjacent to
15        Jefferson County for synthetic natural gas from coal;
16        or
17            (C) the business intends to establish production
18        operations at a new coal mine, re-establish production
19        operations at a closed coal mine, or expand production
20        at an existing coal mine at a designated location in
21        Illinois not sooner than July 1, 2001; provided that
22        the production operations result in the creation of 150
23        new Illinois coal mining jobs as described in
24        subdivision (a)(3)(B) of this Section, and further
25        provided that the coal extracted from such mine is
26        utilized as the predominant source for a new electric

 

 

HB5764- 199 -LRB101 17112 AMC 66512 b

1        generating facility. The business must certify in
2        writing that the investments necessary to establish a
3        new, expanded, or reopened coal mine would not be
4        placed in service and the job creation would not occur
5        without the tax credits and exemptions set forth in
6        subsection (b-5) of this Section. The term "placed in
7        service" has the same meaning as described in
8        subsection (h) of Section 201 of the Illinois Income
9        Tax Act; or
10            (D) the business intends to construct new
11        transmission facilities or upgrade existing
12        transmission facilities at designated locations in
13        Illinois, for which construction commenced not sooner
14        than July 1, 2001. For the purposes of this Section,
15        "transmission facilities" means transmission lines
16        with a voltage rating of 115 kilovolts or above,
17        including associated equipment, that transfer
18        electricity from points of supply to points of delivery
19        and that transmit a majority of the electricity
20        generated by a new electric generating facility
21        designated as a High Impact Business in accordance with
22        this Section. The business must certify in writing that
23        the investments necessary to construct new
24        transmission facilities or upgrade existing
25        transmission facilities would not be placed in service
26        without the tax credits and exemptions set forth in

 

 

HB5764- 200 -LRB101 17112 AMC 66512 b

1        subsection (b-5) of this Section. The term "placed in
2        service" has the same meaning as described in
3        subsection (h) of Section 201 of the Illinois Income
4        Tax Act; or
5            (E) the business intends to establish a new wind
6        power facility at a designated location in Illinois.
7        For purposes of this Section, "new wind power facility"
8        means a newly constructed electric generation
9        facility, or a newly constructed expansion of an
10        existing electric generation facility, placed in
11        service on or after July 1, 2009, that generates
12        electricity using wind energy devices, and such
13        facility shall be deemed to include all associated
14        transmission lines, substations, and other equipment
15        related to the generation of electricity from wind
16        energy devices. For purposes of this Section, "wind
17        energy device" means any device, with a nameplate
18        capacity of at least 0.5 megawatts, that is used in the
19        process of converting kinetic energy from the wind to
20        generate electricity; or
21            (F) the business commits to (i) make a minimum
22        investment of $500,000,000, which will be placed in
23        service in a qualified property, (ii) create 125
24        full-time equivalent jobs at a designated location in
25        Illinois, (iii) establish a fertilizer plant at a
26        designated location in Illinois that complies with the

 

 

HB5764- 201 -LRB101 17112 AMC 66512 b

1        set-back standards as described in Table 1: Initial
2        Isolation and Protective Action Distances in the 2012
3        Emergency Response Guidebook published by the United
4        States Department of Transportation, (iv) pay a
5        prevailing wage for employees at that location who are
6        engaged in construction activities, and (v) secure an
7        appropriate level of general liability insurance to
8        protect against catastrophic failure of the fertilizer
9        plant or any of its constituent systems; in addition,
10        the business must agree to enter into a construction
11        project labor agreement including provisions
12        establishing wages, benefits, and other compensation
13        for employees performing work under the project labor
14        agreement at that location; for the purposes of this
15        Section, "fertilizer plant" means a newly constructed
16        or upgraded plant utilizing gas used in the production
17        of anhydrous ammonia and downstream nitrogen
18        fertilizer products for resale; for the purposes of
19        this Section, "prevailing wage" means the hourly cash
20        wages plus fringe benefits for training and
21        apprenticeship programs approved by the U.S.
22        Department of Labor, Bureau of Apprenticeship and
23        Training, health and welfare, insurance, vacations and
24        pensions paid generally, in the locality in which the
25        work is being performed, to employees engaged in work
26        of a similar character on public works; this paragraph

 

 

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1        (F) applies only to businesses that submit an
2        application to the Department within 60 days after July
3        25, 2013 (the effective date of Public Act 98-109) this
4        amendatory Act of the 98th General Assembly; and
5        (4) no later than 90 days after an application is
6    submitted, the Department shall notify the applicant of the
7    Department's determination of the qualification of the
8    proposed High Impact Business under this Section.
9    (b) Businesses designated as High Impact Businesses
10pursuant to subdivision (a)(3)(A) of this Section shall qualify
11for the credits and exemptions described in the following Acts:
12Section 9-222 and Section 9-222.1A of the Public Utilities Act,
13subsection (h) of Section 201 of the Illinois Income Tax Act,
14and Section 1d of the Retailers' Occupation Tax Act; provided
15that these credits and exemptions described in these Acts shall
16not be authorized until the minimum investments set forth in
17subdivision (a)(3)(A) of this Section have been placed in
18service in qualified properties and, in the case of the
19exemptions described in the Public Utilities Act and Section 1d
20of the Retailers' Occupation Tax Act, the minimum full-time
21equivalent jobs or full-time retained jobs set forth in
22subdivision (a)(3)(A) of this Section have been created or
23retained. Businesses designated as High Impact Businesses
24under this Section shall also qualify for the exemption
25described in Section 5l of the Retailers' Occupation Tax Act.
26The credit provided in subsection (h) of Section 201 of the

 

 

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1Illinois Income Tax Act shall be applicable to investments in
2qualified property as set forth in subdivision (a)(3)(A) of
3this Section.
4    (b-5) Businesses designated as High Impact Businesses
5pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
6and (a)(3)(D) of this Section shall qualify for the credits and
7exemptions described in the following Acts: Section 51 of the
8Retailers' Occupation Tax Act, Section 9-222 and Section
99-222.1A of the Public Utilities Act, and subsection (h) of
10Section 201 of the Illinois Income Tax Act; however, the
11credits and exemptions authorized under Section 9-222 and
12Section 9-222.1A of the Public Utilities Act, and subsection
13(h) of Section 201 of the Illinois Income Tax Act shall not be
14authorized until the new electric generating facility, the new
15gasification facility, the new transmission facility, or the
16new, expanded, or reopened coal mine is operational, except
17that a new electric generating facility whose primary fuel
18source is natural gas is eligible only for the exemption under
19Section 5l of the Retailers' Occupation Tax Act.
20    (b-6) Businesses designated as High Impact Businesses
21pursuant to subdivision (a)(3)(E) of this Section shall qualify
22for the exemptions described in Section 5l of the Retailers'
23Occupation Tax Act; any business so designated as a High Impact
24Business being, for purposes of this Section, a "Wind Energy
25Business".
26    (b-7) Beginning on January 1, 2021, businesses designated

 

 

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1as High Impact Businesses by the Department shall qualify for
2the High Impact Business construction jobs credit under
3subsection (h-5) of Section 201 of the Illinois Income Tax Act
4if the business meets the criteria set forth in subsection (i)
5of this Section. The total aggregate amount of credits awarded
6under the Blue Collar Jobs Act (Article 20 of Public Act 101-9
7this amendatory Act of the 101st General Assembly) shall not
8exceed $20,000,000 in any State fiscal year.
9    (c) High Impact Businesses located in federally designated
10foreign trade zones or sub-zones are also eligible for
11additional credits, exemptions and deductions as described in
12the following Acts: Section 9-221 and Section 9-222.1 of the
13Public Utilities Act; and subsection (g) of Section 201, and
14Section 203 of the Illinois Income Tax Act.
15    (d) Except for businesses contemplated under subdivision
16(a)(3)(E) of this Section, existing Illinois businesses which
17apply for designation as a High Impact Business must provide
18the Department with the prospective plan for which 1,500
19full-time retained jobs would be eliminated in the event that
20the business is not designated.
21    (e) Except for new wind power facilities contemplated under
22subdivision (a)(3)(E) of this Section, new proposed facilities
23which apply for designation as High Impact Business must
24provide the Department with proof of alternative non-Illinois
25sites which would receive the proposed investment and job
26creation in the event that the business is not designated as a

 

 

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1High Impact Business.
2    (f) Except for businesses contemplated under subdivision
3(a)(3)(E) of this Section, in the event that a business is
4designated a High Impact Business and it is later determined
5after reasonable notice and an opportunity for a hearing as
6provided under the Illinois Administrative Procedure Act, that
7the business would have placed in service in qualified property
8the investments and created or retained the requisite number of
9jobs without the benefits of the High Impact Business
10designation, the Department shall be required to immediately
11revoke the designation and notify the Director of the
12Department of Revenue who shall begin proceedings to recover
13all wrongfully exempted State taxes with interest. The business
14shall also be ineligible for all State funded Department
15programs for a period of 10 years.
16    (g) The Department shall revoke a High Impact Business
17designation if the participating business fails to comply with
18the terms and conditions of the designation. However, the
19penalties for new wind power facilities or Wind Energy
20Businesses for failure to comply with any of the terms or
21conditions of the Illinois Prevailing Wage Act shall be only
22those penalties identified in the Illinois Prevailing Wage Act,
23and the Department shall not revoke a High Impact Business
24designation as a result of the failure to comply with any of
25the terms or conditions of the Illinois Prevailing Wage Act in
26relation to a new wind power facility or a Wind Energy

 

 

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1Business.
2    (h) Prior to designating a business, the Department shall
3provide the members of the General Assembly and Commission on
4Government Forecasting and Accountability with a report
5setting forth the terms and conditions of the designation and
6guarantees that have been received by the Department in
7relation to the proposed business being designated.
8    (i) High Impact Business construction jobs credit.
9Beginning on January 1, 2021, a High Impact Business may
10receive a tax credit against the tax imposed under subsections
11(a) and (b) of Section 201 of the Illinois Income Tax Act in an
12amount equal to 50% of the amount of the incremental income tax
13attributable to High Impact Business construction jobs credit
14employees employed in the course of completing a High Impact
15Business construction jobs project. However, the High Impact
16Business construction jobs credit may equal 75% of the amount
17of the incremental income tax attributable to High Impact
18Business construction jobs credit employees if the High Impact
19Business construction jobs credit project is located in an
20underserved area.
21    The Department shall certify to the Department of Revenue:
22(1) the identity of taxpayers that are eligible for the High
23Impact Business construction jobs credit; and (2) the amount of
24High Impact Business construction jobs credits that are claimed
25pursuant to subsection (h-5) of Section 201 of the Illinois
26Income Tax Act in each taxable year. Any business entity that

 

 

HB5764- 207 -LRB101 17112 AMC 66512 b

1receives a High Impact Business construction jobs credit shall
2maintain a certified payroll pursuant to subsection (j) of this
3Section.
4    As used in this subsection (i):
5    "High Impact Business construction jobs credit" means an
6amount equal to 50% (or 75% if the High Impact Business
7construction project is located in an underserved area) of the
8incremental income tax attributable to High Impact Business
9construction job employees. The total aggregate amount of
10credits awarded under the Blue Collar Jobs Act (Article 20 of
11Public Act 101-9 this amendatory Act of the 101st General
12Assembly) shall not exceed $20,000,000 in any State fiscal year
13    "High Impact Business construction job employee" means a
14laborer or worker who is employed by an Illinois contractor or
15subcontractor in the actual construction work on the site of a
16High Impact Business construction job project.
17    "High Impact Business construction jobs project" means
18building a structure or building or making improvements of any
19kind to real property, undertaken and commissioned by a
20business that was designated as a High Impact Business by the
21Department. The term "High Impact Business construction jobs
22project" does not include the routine operation, routine
23repair, or routine maintenance of existing structures,
24buildings, or real property.
25    "Incremental income tax" means the total amount withheld
26during the taxable year from the compensation of High Impact

 

 

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1Business construction job employees.
2    "Underserved area" means a geographic area that meets one
3or more of the following conditions:
4        (1) the area has a poverty rate of at least 20%
5    according to the latest federal decennial census;
6        (2) 75% or more of the children in the area participate
7    in the federal free lunch program according to reported
8    statistics from the State Board of Education;
9        (3) at least 20% of the households in the area receive
10    assistance under the Supplemental Nutrition Assistance
11    Program (SNAP); or
12        (4) the area has an average unemployment rate, as
13    determined by the Illinois Department of Employment
14    Security, that is more than 120% of the national
15    unemployment average, as determined by the U.S. Department
16    of Labor, for a period of at least 2 consecutive calendar
17    years preceding the date of the application.
18    (j) Each contractor and subcontractor who is engaged in and
19executing a High Impact Business Construction jobs project, as
20defined under subsection (i) of this Section, for a business
21that is entitled to a credit pursuant to subsection (i) of this
22Section shall:
23        (1) make and keep, for a period of 5 years from the
24    date of the last payment made on or after June 5, 2019 (the
25    effective date of Public Act 101-9) this amendatory Act of
26    the 101st General Assembly on a contract or subcontract for

 

 

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1    a High Impact Business Construction Jobs Project, records
2    for all laborers and other workers employed by the
3    contractor or subcontractor on the project; the records
4    shall include:
5            (A) the worker's name;
6            (B) the worker's address;
7            (C) the worker's telephone number, if available;
8            (D) the worker's social security number;
9            (E) the worker's classification or
10        classifications;
11            (F) the worker's gross and net wages paid in each
12        pay period;
13            (G) the worker's number of hours worked each day;
14            (H) the worker's starting and ending times of work
15        each day;
16            (I) the worker's hourly wage rate; and
17            (J) the worker's hourly overtime wage rate;
18        (2) no later than the 15th day of each calendar month,
19    provide a certified payroll for the immediately preceding
20    month to the taxpayer in charge of the High Impact Business
21    construction jobs project; within 5 business days after
22    receiving the certified payroll, the taxpayer shall file
23    the certified payroll with the Department of Labor and the
24    Department of Commerce and Economic Opportunity; a
25    certified payroll must be filed for only those calendar
26    months during which construction on a High Impact Business

 

 

HB5764- 210 -LRB101 17112 AMC 66512 b

1    construction jobs project has occurred; the certified
2    payroll shall consist of a complete copy of the records
3    identified in paragraph (1) of this subsection (j), but may
4    exclude the starting and ending times of work each day; the
5    certified payroll shall be accompanied by a statement
6    signed by the contractor or subcontractor or an officer,
7    employee, or agent of the contractor or subcontractor which
8    avers that:
9            (A) he or she has examined the certified payroll
10        records required to be submitted by the Act and such
11        records are true and accurate; and
12            (B) the contractor or subcontractor is aware that
13        filing a certified payroll that he or she knows to be
14        false is a Class A misdemeanor.
15    A general contractor is not prohibited from relying on a
16certified payroll of a lower-tier subcontractor, provided the
17general contractor does not knowingly rely upon a
18subcontractor's false certification.
19    Any contractor or subcontractor subject to this
20subsection, and any officer, employee, or agent of such
21contractor or subcontractor whose duty as an officer, employee,
22or agent it is to file a certified payroll under this
23subsection, who willfully fails to file such a certified
24payroll on or before the date such certified payroll is
25required by this paragraph to be filed and any person who
26willfully files a false certified payroll that is false as to

 

 

HB5764- 211 -LRB101 17112 AMC 66512 b

1any material fact is in violation of this Act and guilty of a
2Class A misdemeanor.
3    The taxpayer in charge of the project shall keep the
4records submitted in accordance with this subsection on or
5after June 5, 2019 (the effective date of Public Act 101-9)
6this amendatory Act of the 101st General Assembly for a period
7of 5 years from the date of the last payment for work on a
8contract or subcontract for the High Impact Business
9construction jobs project.
10    The records submitted in accordance with this subsection
11shall be considered public records, except an employee's
12address, telephone number, and social security number, and made
13available in accordance with the Freedom of Information Act.
14The Department of Labor shall accept any reasonable submissions
15by the contractor that meet the requirements of this subsection
16(j) and shall share the information with the Department in
17order to comply with the awarding of a High Impact Business
18construction jobs credit. A contractor, subcontractor, or
19public body may retain records required under this Section in
20paper or electronic format.
21    (k) Upon 7 business days' notice, each contractor and
22subcontractor shall make available for inspection and copying
23at a location within this State during reasonable hours, the
24records identified in this subsection (j) to the taxpayer in
25charge of the High Impact Business construction jobs project,
26its officers and agents, the Director of the Department of

 

 

HB5764- 212 -LRB101 17112 AMC 66512 b

1Labor and his or her deputies and agents, and to federal,
2State, or local law enforcement agencies and prosecutors.
3(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
 
4    (20 ILCS 655/13)
5    Sec. 13. Enterprise Zone construction jobs credit.
6    (a) Beginning on January 1, 2021, a business entity in a
7certified Enterprise Zone that makes a capital investment of at
8least $10,000,000 in an Enterprise Zone construction jobs
9project may receive an Enterprise Zone construction jobs credit
10against the tax imposed under subsections (a) and (b) of
11Section 201 of the Illinois Income Tax Act in an amount equal
12to 50% of the amount of the incremental income tax attributable
13to Enterprise Zone construction jobs credit employees employed
14in the course of completing an Enterprise Zone construction
15jobs project. However, the Enterprise Zone construction jobs
16credit may equal 75% of the amount of the incremental income
17tax attributable to Enterprise Zone construction jobs credit
18employees if the project is located in an underserved area.
19    (b) A business entity seeking a credit under this Section
20must submit an application to the Department and must receive
21approval from the designating municipality or county and the
22Department for the Enterprise Zone construction jobs credit
23project. The application must describe the nature and benefit
24of the project to the certified Enterprise Zone and its
25potential contributors. The total aggregate amount of credits

 

 

HB5764- 213 -LRB101 17112 AMC 66512 b

1awarded under the Blue Collar Jobs Act (Article 20 of Public
2Act 101-9 this amendatory Act of the 101st General Assembly)
3shall not exceed $20,000,000 in any State fiscal year.
4    Within 45 days after receipt of an application, the
5Department shall give notice