Public Act 096-1000
 
SB3733 Enrolled LRB096 19592 AMC 34984 b

    AN ACT revise the law by combining multiple enactments and
making technical corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Nature of this Act.
    (a) This Act may be cited as the First 2010 General
Revisory Act.
    (b) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments and makes technical
corrections and revisions in the law.
    This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
    (c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
    (d) Public Acts 95-1004 through 96-856, with some
exceptions because of other legislation pending action by the
Governor, were considered in the preparation of the combining
revisories included in this Act. Many of those combining
revisories contain no striking or underscoring because no
additional changes are being made in the material that is being
combined.
 
    Section 5. The Regulatory Sunset Act is amended by changing
Sections 4.20 and 4.30 as follows:
 
    (5 ILCS 80/4.20)
    Sec. 4.20. Act Acts repealed on January 1, 2010 and
December 31, 2010. (a) The following Acts are repealed on
January 1, 2010: (b) The following Act is repealed on December
31, 2010:
        The Medical Practice Act of 1987.
(Source: P.A. 95-1018, eff. 12-18-08; 96-610, eff. 8-24-09;
96-626, eff. 8-24-09; 96-682, eff. 8-25-09; 96-730, eff.
8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; revised
1-6-10.)
 
    (5 ILCS 80/4.30)
    (Text of Section before amendment by P.A. 96-726)
    Sec. 4.30. Acts Act repealed on January 1, 2020. The
following Acts are Act is repealed on January 1, 2020:
    The Auction License Act.
    The Illinois Architecture Practice Act of 1989.
    The Illinois Landscape Architecture Act of 1989.
    The Illinois Professional Land Surveyor Act of 1989.
    The Land Sales Registration Act of 1999.
    The Orthotics, Prosthetics, and Pedorthics Practice Act.
    The Perfusionist Practice Act.
    The Professional Engineering Practice Act of 1989.
    The Real Estate License Act of 2000.
    The Structural Engineering Practice Act of 1989.
(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09;
96-682, eff. 8-25-09; 96-730, eff. 8-25-09; 96-855, eff.
12-31-09; 96-856, eff. 12-31-09; revised 1-6-10.)
 
    (Text of Section after amendment by P.A. 96-726)
    Sec. 4.30. Acts Act repealed on January 1, 2020. The
following Acts are Act is repealed on January 1, 2020:
    The Auction License Act.
    The Community Association Manager Licensing and
Disciplinary Act.
    The Illinois Architecture Practice Act of 1989.
    The Illinois Landscape Architecture Act of 1989.
    The Illinois Professional Land Surveyor Act of 1989.
    The Land Sales Registration Act of 1999.
    The Orthotics, Prosthetics, and Pedorthics Practice Act.
    The Perfusionist Practice Act.
    The Professional Engineering Practice Act of 1989.
    The Real Estate License Act of 2000.
    The Structural Engineering Practice Act of 1989.
(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09;
96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff.
8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; revised
1-6-10.)
 
    (5 ILCS 80/4.18 rep.)
    Section 7. The Regulatory Sunset Act is amended by
repealing Section 4.18.
 
    Section 10. The Freedom of Information Act is amended by
changing Sections 2, 4, and 6 as follows:
 
    (5 ILCS 140/2)  (from Ch. 116, par. 202)
    Sec. 2. Definitions. As used in this Act:
    (a) "Public body" means all legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, any subsidiary bodies of any of the
foregoing including but not limited to committees and
subcommittees thereof, and a School Finance Authority created
under Article 1E of the School Code. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act.
    (b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
    (c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, electronic communications, recorded
information and all other documentary materials pertaining to
the transaction of public business, regardless of physical form
or characteristics, having been prepared by or for, or having
been or being used by, received by, in the possession of, or
under the control of any public body; and (xviii) reports
prepared by institutions of higher education in the State of
Illinois documenting their relationship with credit card
issuers, otherwise disclosed to the Illinois Board of Higher
Education.
    (c-5) "Private information" means unique identifiers,
including a person's social security number, driver's license
number, employee identification number, biometric identifiers,
personal financial information, passwords or other access
codes, medical records, home or personal telephone numbers, and
personal email addresses. Private information also includes
home address and personal license plates, except as otherwise
provided by law or when compiled without possibility of
attribution to any person.
    (c-10) "Commercial purpose" means the use of any part of a
public record or records, or information derived from public
records, in any form for sale, resale, or solicitation or
advertisement for sales or services. For purposes of this
definition, requests made by news media and non-profit,
scientific, or academic organizations shall not be considered
to be made for a "commercial purpose" when the principal
purpose of the request is (i) to access and disseminate
information concerning news and current or passing events, (ii)
for articles of opinion or features of interest to the public,
or (iii) for the purpose of academic, scientific, or public
research or education.
    (d) "Copying" means the reproduction of any public record
by means of any photographic, electronic, mechanical or other
process, device or means now known or hereafter developed and
available to the public body.
    (e) "Head of the public body" means the president, mayor,
chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body, or
such person's duly authorized designee.
    (f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format, a
radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; revised
9-15-09.)
 
    (5 ILCS 140/4)  (from Ch. 116, par. 204)
    Sec. 4. Each public body shall prominently display at each
of its administrative or regional offices, make available for
inspection and copying, and send through the mail if requested,
each of the following:
        (a) A brief description of itself, which will include,
    but not be limited to, a short summary of its purpose, a
    block diagram giving its functional subdivisions, the
    total amount of its operating budget, the number and
    location of all of its separate offices, the approximate
    number of full and part-time employees, and the
    identification and membership of any board, commission,
    committee, or council which operates in an advisory
    capacity relative to the operation of the public body, or
    which exercises control over its policies or procedures, or
    to which the public body is required to report and be
    answerable for its operations; and
        (b) A brief description of the methods whereby the
    public may request information and public records, a
    directory designating the Freedom of Information officer
    or officers, the address where requests for public records
    should be directed, and any fees allowable under Section 6
    of this Act.
    (c) A public body that maintains a website shall also post
this information on its website.
(Source: P.A. 96-542, eff. 1-1-10; revised 10-30-09.)
 
    (5 ILCS 140/6)  (from Ch. 116, par. 206)
    Sec. 6. Authority to charge fees.
    (a) When a person requests a copy of a record maintained in
an electronic format, the public body shall furnish it in the
electronic format specified by the requester, if feasible. If
it is not feasible to furnish the public records in the
specified electronic format, then the public body shall furnish
it in the format in which it is maintained by the public body,
or in paper format at the option of the requester. A public
body may charge the requester for the actual cost of purchasing
the recording medium, whether disc, diskette, tape, or other
medium. A public body may not charge the requester for the
costs of any search for and review of the records or other
personnel costs associated with reproducing the records.
Except to the extent that the General Assembly expressly
provides, statutory fees applicable to copies of public records
when furnished in a paper format shall not be applicable to
those records when furnished in an electronic format.
    (b) Except when a fee is otherwise fixed by statute, each
public body may charge fees reasonably calculated to reimburse
its actual cost for reproducing and certifying public records
and for the use, by any person, of the equipment of the public
body to copy records. No fees shall be charged for the first 50
pages of black and white, letter or legal sized copies
requested by a requester. The fee for black and white, letter
or legal sized copies shall not exceed 15 cents per page. If a
public body provides copies in color or in a size other than
letter or legal, the public body may not charge more than its
actual cost for reproducing the records. In calculating its
actual cost for reproducing records or for the use of the
equipment of the public body to reproduce records, a public
body shall not include the costs of any search for and review
of the records or other personnel costs associated with
reproducing the records. Such fees shall be imposed according
to a standard scale of fees, established and made public by the
body imposing them. The cost for certifying a record shall not
exceed $1.
    (c) Documents shall be furnished without charge or at a
reduced charge, as determined by the public body, if the person
requesting the documents states the specific purpose for the
request and indicates that a waiver or reduction of the fee is
in the public interest. Waiver or reduction of the fee is in
the public interest if the principal purpose of the request is
to access and disseminate information regarding the health,
safety and welfare or the legal rights of the general public
and is not for the principal purpose of personal or commercial
benefit. For purposes of this subsection, "commercial benefit"
shall not apply to requests made by news media when the
principal purpose of the request is to access and disseminate
information regarding the health, safety, and welfare or the
legal rights of the general public. In setting the amount of
the waiver or reduction, the public body may take into
consideration the amount of materials requested and the cost of
copying them.
    (d) The imposition of a fee not consistent with subsections
(6)(a) and (b) of this Act constitutes a denial of access to
public records for the purposes of judicial review.
    (e) (d) The fee for each abstract of a driver's record
shall be as provided in Section 6-118 of "The Illinois Vehicle
Code", approved September 29, 1969, as amended, whether
furnished as a paper copy or as an electronic copy.
(Source: P.A. 96-542, eff. 1-1-10; revised 1-4-10.)
 
    Section 15. The Elected Officials Misconduct Forfeiture
Act is amended by changing Section 5 as follows:
 
    (5 ILCS 282/5)
    Sec. 5. Definitions. For the purposes of this Act, "elected
official" means any former elected official whose term of
office is terminated by operation of law for conviction of an
offense, who is removed from office on conviction of
impeachment for misconduct in office, or who resigned from
office prior to, upon, or after conviction; and "proceeds"
means any interest in property of any kind acquired through or
caused by an act or omission, or derived from the act or
omission, directly or indirectly, and any fruits of this
interest, in whatever form.
(Source: P.A. 96-597, eff. 8-18-09; revised 10-30-09.)
 
    Section 20. The State Employees Group Insurance Act of 1971
is amended by changing Section 6.11 as follows:
 
    (5 ILCS 375/6.11)
    Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall provide
the post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t of
the Illinois Insurance Code. The program of health benefits
shall provide the coverage required under Sections 356g,
356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, and
356z.13, and 356z.14, 356z.15 and 356z.14, and 356z.17 356z.15
of the Illinois Insurance Code. The program of health benefits
must comply with Section 155.37 of the Illinois Insurance Code.
    Rulemaking authority to implement Public Act 95-1045 this
amendatory Act of the 95th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all
provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative
Rules; any purported rule not so adopted, for whatever reason,
is unauthorized.
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff.
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; 95-1044,
eff. 3-26-09; 95-1045, eff. 3-27-09; 95-1049, eff. 1-1-10;
96-139, eff. 1-1-10; 96-328, eff. 8-11-09; 96-639, eff. 1-1-10;
revised 10-22-09.)
 
    Section 25. The Illinois Governmental Ethics Act is amended
by changing Sections 4A-101 and 4A-107 as follows:
 
    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
    Sec. 4A-101. Persons required to file. The following
persons shall file verified written statements of economic
interests, as provided in this Article:
        (a) Members of the General Assembly and candidates for
    nomination or election to the General Assembly.
        (b) Persons holding an elected office in the Executive
    Branch of this State, and candidates for nomination or
    election to these offices.
        (c) Members of a Commission or Board created by the
    Illinois Constitution, and candidates for nomination or
    election to such Commission or Board.
        (d) Persons whose appointment to office is subject to
    confirmation by the Senate and persons appointed by the
    Governor to any other position on a board or commission
    described in subsection (a) of Section 15 of the
    Gubernatorial Boards and Commissions Act.
        (e) Holders of, and candidates for nomination or
    election to, the office of judge or associate judge of the
    Circuit Court and the office of judge of the Appellate or
    Supreme Court.
        (f) Persons who are employed by any branch, agency,
    authority or board of the government of this State,
    including but not limited to, the Illinois State Toll
    Highway Authority, the Illinois Housing Development
    Authority, the Illinois Community College Board, and
    institutions under the jurisdiction of the Board of
    Trustees of the University of Illinois, Board of Trustees
    of Southern Illinois University, Board of Trustees of
    Chicago State University, Board of Trustees of Eastern
    Illinois University, Board of Trustees of Governor's State
    University, Board of Trustees of Illinois State
    University, Board of Trustees of Northeastern Illinois
    University, Board of Trustees of Northern Illinois
    University, Board of Trustees of Western Illinois
    University, or Board of Trustees of the Illinois
    Mathematics and Science Academy, and are compensated for
    services as employees and not as independent contractors
    and who:
            (1) are, or function as, the head of a department,
        commission, board, division, bureau, authority or
        other administrative unit within the government of
        this State, or who exercise similar authority within
        the government of this State;
            (2) have direct supervisory authority over, or
        direct responsibility for the formulation,
        negotiation, issuance or execution of contracts
        entered into by the State in the amount of $5,000 or
        more;
            (3) have authority for the issuance or
        promulgation of rules and regulations within areas
        under the authority of the State;
            (4) have authority for the approval of
        professional licenses;
            (5) have responsibility with respect to the
        financial inspection of regulated nongovernmental
        entities;
            (6) adjudicate, arbitrate, or decide any judicial
        or administrative proceeding, or review the
        adjudication, arbitration or decision of any judicial
        or administrative proceeding within the authority of
        the State;
            (7) have supervisory responsibility for 20 or more
        employees of the State;
            (8) negotiate, assign, authorize, or grant naming
        rights or sponsorship rights regarding any property or
        asset of the State, whether real, personal, tangible,
        or intangible; or
            (9) have responsibility with respect to the
        procurement of goods or services.
        (g) Persons who are elected to office in a unit of
    local government, and candidates for nomination or
    election to that office, including regional
    superintendents of school districts.
        (h) Persons appointed to the governing board of a unit
    of local government, or of a special district, and persons
    appointed to a zoning board, or zoning board of appeals, or
    to a regional, county, or municipal plan commission, or to
    a board of review of any county, and persons appointed to
    the Board of the Metropolitan Pier and Exposition Authority
    and any Trustee appointed under Section 22 of the
    Metropolitan Pier and Exposition Authority Act, and
    persons appointed to a board or commission of a unit of
    local government who have authority to authorize the
    expenditure of public funds. This subsection does not apply
    to members of boards or commissions who function in an
    advisory capacity.
        (i) Persons who are employed by a unit of local
    government and are compensated for services as employees
    and not as independent contractors and who:
            (1) are, or function as, the head of a department,
        division, bureau, authority or other administrative
        unit within the unit of local government, or who
        exercise similar authority within the unit of local
        government;
            (2) have direct supervisory authority over, or
        direct responsibility for the formulation,
        negotiation, issuance or execution of contracts
        entered into by the unit of local government in the
        amount of $1,000 or greater;
            (3) have authority to approve licenses and permits
        by the unit of local government; this item does not
        include employees who function in a ministerial
        capacity;
            (4) adjudicate, arbitrate, or decide any judicial
        or administrative proceeding, or review the
        adjudication, arbitration or decision of any judicial
        or administrative proceeding within the authority of
        the unit of local government;
            (5) have authority to issue or promulgate rules and
        regulations within areas under the authority of the
        unit of local government; or
            (6) have supervisory responsibility for 20 or more
        employees of the unit of local government.
        (j) Persons on the Board of Trustees of the Illinois
    Mathematics and Science Academy.
        (k) Persons employed by a school district in positions
    that require that person to hold an administrative or a
    chief school business official endorsement.
        (l) Special government agents. A "special government
    agent" is a person who is directed, retained, designated,
    appointed, or employed, with or without compensation, by or
    on behalf of a statewide executive branch constitutional
    officer to make an ex parte communication under Section
    5-50 of the State Officials and Employees Ethics Act or
    Section 5-165 of the Illinois Administrative Procedure
    Act.
        (m) Members of the board of commissioners of any flood
    prevention district.
        (n) Members of the board of any retirement system or
    investment board established under the Illinois Pension
    Code, if not required to file under any other provision of
    this Section.
        (o) Members of the board of any pension fund
    established under the Illinois Pension Code, if not
    required to file under any other provision of this Section.
    This Section shall not be construed to prevent any unit of
local government from enacting financial disclosure
requirements that mandate more information than required by
this Act.
(Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09; 96-543,
eff. 8-17-09; 96-555, eff. 8-18-09; revised 9-21-09.)
 
    (5 ILCS 420/4A-107)  (from Ch. 127, par. 604A-107)
    Sec. 4A-107. Any person required to file a statement of
economic interests under this Article who willfully files a
false or incomplete statement shall be guilty of a Class A
misdemeanor.
    Except when the fees and penalties for late filing have
been waived under Section 4A-105, failure to file a statement
within the time prescribed shall result in ineligibility for,
or forfeiture of, office or position of employment, as the case
may be; provided, however, that if the notice of failure to
file a statement of economic interests provided in Section
4A-105 of this Act is not given by the Secretary of State or
the county clerk, as the case may be, no forfeiture shall
result if a statement is filed within 30 days of actual notice
of the failure to file. The Secretary of State shall provide
the Attorney General with the names of persons who failed to
file a statement. The county clerk shall provide the State's
Attorney of the county of the entity for which the filing of
statement of economic interest is required with the name of
persons who failed to file a statement.
    The Attorney General, with respect to offices or positions
described in items (a) through (f) and items (j), (l), and (n)
of Section 4A-101 of this Act, or the State's Attorney of the
county of the entity for which the filing of statements of
economic interests is required, with respect to offices or
positions described in items (g) through (i), item (k), and
item (o) of Section 4A-101 of this Act, shall bring an action
in quo warranto against any person who has failed to file by
either May 31 or June 30 of any given year and for whom the fees
and penalties for late filing have not been waived under
Section 4A-105.
(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; revised
9-15-09.)
 
    Section 30. The State Commemorative Dates Act is amended by
setting forth and renumbering multiple versions of Section 125
as follows:
 
    (5 ILCS 490/125)
    Sec. 125. Parkinson's Awareness Month. April of each year
is designated as Parkinson's Awareness Month, to be observed
throughout the State as a month to promote the awareness of
Parkinson's disease.
(Source: P.A. 96-375, eff. 1-1-10.)
 
    (5 ILCS 490/130)
    Sec. 130 125. Ovarian and Prostate Cancer Awareness Month.
The month of September of each year is designated as Ovarian
and Prostate Cancer Awareness Month to be observed throughout
the State as a month set apart to promote advocacy activities
and the study of ovarian and prostate cancer and to honor those
whose lives have been impacted by the disease. The Governor may
annually issue a proclamation designating September as Ovarian
and Prostate Cancer Awareness Month and calling upon the
citizens of the State to promote awareness of ovarian and
prostate cancer.
(Source: P.A. 96-396, eff. 1-1-10; revised 9-15-09.)
 
    (5 ILCS 490/135)
    Sec. 135 125. Brain Aneurysm Awareness Month. September of
each year is designated as Brain Aneurysm Awareness Month, to
be observed throughout the State as a month to promote the
awareness of brain aneurysm prevention and treatment.
(Source: P.A. 96-463, eff. 1-1-10; revised 9-15-09.)
 
    (5 ILCS 490/140)
    Sec. 140 125. Children's Day (El Dia de los Ninos). The
second Sunday in June each year is a holiday to be known as
Children's Day (El Dia de los Ninos). Children's Day is to be
observed throughout the State as a day to recognize and
acknowledge the lives of all children and to pledge our
dedication to their future and ours.
(Source: P.A. 96-465, eff. 1-1-10; revised 9-15-09.)
 
    (5 ILCS 490/145)
    Sec. 145 125. Peace Officers Memorial Day; National Peace
Officers Memorial Day.
    (a) The first Thursday in May of each year is designated
Peace Officers Memorial Day in Illinois. Peace Officers
Memorial Day shall be observed throughout the State by the
citizens of Illinois with civic remembrances of the sacrifices
made on their behalf by the peace officers of Illinois,
especially the ultimate sacrifice given by those officers who
lost their lives in the line of duty.
    (b) May 15th of each year is recognized in Illinois as
National Peace Officers Memorial Day, to be observed throughout
the State in coordination with the citizens of the United
States with respect and gratitude for the service to America
given by peace officers across the nation.
(Source: P.A. 96-518, eff. 1-1-10; revised 9-15-09.)
 
    (5 ILCS 490/150)
    Sec. 150 125. Adlai Stevenson Day. February 5 of each year
is designated as Adlai Stevenson Day, to be observed throughout
the State as a day to remember and honor the legacy of public
service of Adlai Stevenson II (1900-1965), Governor of Illinois
and United States Ambassador to the United Nations.
(Source: P.A. 96-559, eff. 1-1-10; revised 9-15-09.)
 
    Section 35. The Election Code is amended by changing
Sections 1-3, 3-3, 4-10, 5-9, 7-14.1, 19-3, and 20-2.3 as
follows:
 
    (10 ILCS 5/1-3)  (from Ch. 46, par. 1-3)
    Sec. 1-3. As used in this Act, unless the context otherwise
requires:
    1. "Election" includes the submission of all questions of
public policy, propositions, and all measures submitted to
popular vote, and includes primary elections when so indicated
by the context.
    2. "Regular election" means the general, general primary,
consolidated and consolidated primary elections regularly
scheduled in Article 2A. The even numbered year municipal
primary established in Article 2A is a regular election only
with respect to those municipalities in which a primary is
required to be held on such date.
    3. "Special election" means an election not regularly
recurring at fixed intervals, irrespective of whether it is
held at the same time and place and by the same election
officers as a regular election.
    4. "General election" means the biennial election at which
members of the General Assembly are elected. "General primary
election", "consolidated election" and "consolidated primary
election" mean the respective elections or the election dates
designated and established in Article 2A of this Code.
    5. "Municipal election" means an election or primary,
either regular or special, in cities, villages, and
incorporated towns; and "municipality" means any such city,
village or incorporated town.
    6. "Political or governmental subdivision" means any unit
of local government, or school district in which elections are
or may be held. "Political or governmental subdivision" also
includes, for election purposes, Regional Boards of School
Trustees, and Township Boards of School Trustees.
    7. The word "township" and the word "town" shall apply
interchangeably to the type of governmental organization
established in accordance with the provisions of the Township
Code. The term "incorporated town" shall mean a municipality
referred to as an incorporated town in the Illinois Municipal
Code, as now or hereafter amended.
    8. "Election authority" means a county clerk or a Board of
Election Commissioners.
    9. "Election Jurisdiction" means (a) an entire county, in
the case of a county in which no city board of election
commissioners is located or which is under the jurisdiction of
a county board of election commissioners; (b) the territorial
jurisdiction of a city board of election commissioners; and (c)
the territory in a county outside of the jurisdiction of a city
board of election commissioners. In each instance election
jurisdiction shall be determined according to which election
authority maintains the permanent registration records of
qualified electors.
    10. "Local election official" means the clerk or secretary
of a unit of local government or school district, as the case
may be, the treasurer of a township board of school trustees,
and the regional superintendent of schools with respect to the
various school officer elections and school referenda for which
the regional superintendent is assigned election duties by The
School Code, as now or hereafter amended.
    11. "Judges of election", "primary judges" and similar
terms, as applied to cases where there are 2 sets of judges,
when used in connection with duties at an election during the
hours the polls are open, refer to the team of judges of
election on duty during such hours; and, when used with
reference to duties after the closing of the polls, refer to
the team of tally judges designated to count the vote after the
closing of the polls and the holdover judges designated
pursuant to Section 13-6.2 or 14-5.2. In such case, where,
after the closing of the polls, any act is required to be
performed by each of the judges of election, it shall be
performed by each of the tally judges and by each of the
holdover judges.
    12. "Petition" of candidacy as used in Sections 7-10 and
7-10.1 shall consist of a statement of candidacy, candidate's
statement containing oath, and sheets containing signatures of
qualified primary electors bound together.
    13. "Election district" and "precinct", when used with
reference to a 30-day residence requirement, means the smallest
constituent territory in which electors vote as a unit at the
same polling place in any election governed by this Act.
    14. "District" means any area which votes as a unit for the
election of any officer, other than the State or a unit of
local government or school district, and includes, but is not
limited to, legislative, congressional and judicial districts,
judicial circuits, county board districts, municipal and
sanitary district wards, school board districts, and
precincts.
    15. "Question of public policy" or "public question" means
any question, proposition or measure submitted to the voters at
an election dealing with subject matter other than the
nomination or election of candidates and shall include, but is
not limited to, any bond or tax referendum, and questions
relating to the Constitution.
    16. "Ordinance providing the form of government of a
municipality or county pursuant to Article VII of the
Constitution" includes ordinances, resolutions and petitions
adopted by referendum which provide for the form of government,
the officers or the manner of selection or terms of office of
officers of such municipality or county, pursuant to the
provisions of Sections 4, 6 or 7 of Article VII of the
Constitution.
    17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
6-60, and 6-66 shall include a computer tape or computer disc
or other electronic data processing information containing
voter information.
    18. "Accessible" means accessible to handicapped and
elderly individuals for the purpose of voting or registration,
as determined by rule of the State Board of Elections.
    19. "Elderly" means 65 years of age or older.
    20. "Handicapped" means having a temporary or permanent
physical disability.
    21. "Leading political party" means one of the two
political parties whose candidates for governor at the most
recent three gubernatorial elections received either the
highest or second highest average number of votes. The
political party whose candidates for governor received the
highest average number of votes shall be known as the first
leading political party and the political party whose
candidates for governor received the second highest average
number of votes shall be known as the second leading political
party.
    22. "Business day" means any day in which the office of an
election authority, local election official or the State Board
of Elections is open to the public for a minimum of 7 hours.
    23. "Homeless individual" means any person who has a
nontraditional residence, including, but not limited to, a
shelter, day shelter, park bench, street corner, or space under
a bridge.
(Source: P.A. 90-358, eff. 1-1-98; revised 11-18-09.)
 
    (10 ILCS 5/3-3)  (from Ch. 46, par. 3-3)
    (Text of Section before amendment by P.A. 96-339)
    Sec. 3-3. Every honorably discharged soldier or sailor who
is an inmate of any soldiers' and sailors' home within the
State of Illinois, any person who is a resident of a facility
licensed or certified pursuant to the Nursing Home Care Act, or
any person who is a resident of a community-integrated living
arrangement, as defined in Section 3 of the
Community-Integrated Living Arrangements Licensure and
Certification Act, for 30 days or longer, and who is a citizen
of the United States and has resided in this State and in the
election district 30 days next preceding any election shall be
entitled to vote in the election district in which any such
home or community-integrated living arrangement in which he is
an inmate or resident is located, for all officers that now are
or hereafter may be elected by the people, and upon all
questions that may be submitted to the vote of the people:
Provided, that he shall declare upon oath, that it was his bona
fide intention at the time he entered said home or
community-integrated living arrangement to become a resident
thereof.
(Source: P.A. 96-563, eff. 1-1-10.)
 
    (Text of Section after amendment by P.A. 96-339)
    Sec. 3-3. Every honorably discharged soldier or sailor who
is an inmate of any soldiers' and sailors' home within the
State of Illinois, any person who is a resident of a facility
licensed or certified pursuant to the Nursing Home Care Act or
the MR/DD Community Care Act, or any person who is a resident
of a community-integrated living arrangement, as defined in
Section 3 of the Community-Integrated Living Arrangements
Licensure and Certification Act, for 30 days or longer, and who
is a citizen of the United States and has resided in this State
and in the election district 30 days next preceding any
election shall be entitled to vote in the election district in
which any such home or community-integrated living arrangement
in which he is an inmate or resident is located, for all
officers that now are or hereafter may be elected by the
people, and upon all questions that may be submitted to the
vote of the people: Provided, that he shall declare upon oath,
that it was his bona fide intention at the time he entered said
home or community-integrated living arrangement to become a
resident thereof.
(Source: P.A. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10; revised
9-25-09.)
 
    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
    (Text of Section before amendment by P.A. 96-339)
    Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the following question
shall be put, "When you entered the home which is your present
address, was it your bona fide intention to become a resident
thereof?" Any voter of a township, city, village or
incorporated town in which such applicant resides, shall be
permitted to be present at the place of any precinct
registration and shall have the right to challenge any
applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
    Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
    "I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
 
    All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)  
                   )ss
County of ..........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10.)
 
    (Text of Section after amendment by P.A. 96-339)
    Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act or the MR/DD Community
Care Act, the following question shall be put, "When you
entered the home which is your present address, was it your
bona fide intention to become a resident thereof?" Any voter of
a township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of any precinct registration and shall have the right to
challenge any applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
    Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
    "I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
 
    All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)  
                   )ss
County of ..........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; revised
9-25-09.)
 
    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
    (Text of Section before amendment by P.A. 96-339)
    Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the following question
shall be put, "When you entered the home which is your present
address, was it your bona fide intention to become a resident
thereof?" Any voter of a township, city, village or
incorporated town in which such applicant resides, shall be
permitted to be present at the place of precinct registration,
and shall have the right to challenge any applicant who applies
to be registered.
    In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
    Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
    "I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
    All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)  
                 )ss
County of ........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.

 
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10.)
 
    (Text of Section after amendment by P.A. 96-339)
    Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act or the MR/DD Community
Care Act, the following question shall be put, "When you
entered the home which is your present address, was it your
bona fide intention to become a resident thereof?" Any voter of
a township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of precinct registration, and shall have the right to
challenge any applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
    Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
    "I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
    All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)  
                 )ss
County of ........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.

 
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; revised
9-25-09.)
 
    (10 ILCS 5/7-14.1)  (from Ch. 46, par. 7-14.1)
    Sec. 7-14.1. Delegates and alternate delegates to national
nominating conventions shall be chosen according to one of the
following alternative methods of allocating delegates for
election. The State central committee of each political party
established pursuant to this Article 7 shall certify to the
State Board of Elections, not less than 30 days prior to the
first date for filing of petitions for election as delegate or
alternate delegate to a national nominating convention, which
of the following alternatives it wishes to be utilized in
allocating the delegates and alternate delegates to which
Illinois will be entitled at its national nominating
convention. The State Board of Elections shall meet promptly
and, not less than 20 days prior to the first date for filing
of such petitions, shall publish and certify to the county
clerk in each county the number of delegates or alternate
delegates to be elected from each congressional district or
from the State at large or State convention of a political
party, as the case may be, according to the method chosen by
each State central committee. If a State central committee
fails to certify to the State Board of Elections its choice of
one of the following methods prior to the aforementioned
meeting of the State Board of Elections, the State Board of
Elections shall certify delegates for that political party
pursuant to whichever of the alternatives below was used by
that political party pursuant to whichever of the alternatives
below was used by that political party in the most recent year
in which delegates were selected, subject to any subsequent
amendments.
    Prior to the aforementioned meeting of the State Board of
Elections at which the Board shall publish and certify to the
county clerk the number of delegates or alternate delegates to
be elected from each congressional district or the State at
large or State convention, the Secretary of State shall
ascertain from the call of the national convention of each
political party the number of delegates and alternate delegates
to which Illinois will be entitled at the respective national
nominating conventions. The Secretary of State shall report the
number of delegates and alternate delegates to which Illinois
will be entitled at the respective national nominating
conventions to the State Board of Elections convened as
aforesaid to be utilized by the State Board of Elections in
calculating the number of delegates and alternates to be
elected from each congressional district in the State at large
or State convention, as the case may be.
    Alternative A: The State Board of Elections shall allocate
the number of delegates and alternate delegates to which the
State is entitled among the congressional districts in the
State.
    1. Of the number of delegates to which the State is
entitled, 10, plus those remaining unallocated under paragraph
2, shall be delegates at large. The State central committee of
the appropriate political party shall determine whether the
delegates at large shall be (a) elected in the primary from the
State at large, (b) selected by the State convention, or (c)
chosen by a combination of these 2 methods. If the State
central committee determines that all or a specified number of
the delegates at large shall be elected in the primary, the
committee shall file with the Board a report of such
determination at the same time it certifies the alternative it
wishes to use in allocating its delegates.
    2. All delegates other than the delegates at large shall be
elected from the congressional districts. Two delegates shall
be allocated from this number to each district. After reserving
10 delegates to be delegates at large and allocating 2
delegates to each district, the Board shall allocate the
remaining delegates to the congressional districts pursuant to
the following formula:
        (a) For each district, the number of remaining
    delegates shall be multiplied by a fraction, the numerator
    of which is the vote cast in the congressional district for
    the party's nominee in the last Presidential election, and
    the denominator of which is the vote cast in the State for
    the party's nominee in the last Presidential election.
        (b) The Board shall first allocate to each district a
    number of delegates equal to the whole number in the
    product resulting from the multiplication procedure in
    subparagraph (a).
        (c) The Board shall then allocate any remaining
    delegates, one to each district, in the order of the
    largest fractional remainder in the product resulting from
    the multiplication procedure in subparagraph (a), omitting
    those districts for which that product is less than 1.875.
        (d) The Board shall then allocate any remaining
    delegates, one to each district, in the order of the
    largest fractional remainder in the product resulting from
    the multiplication procedure in subparagraph (a), among
    those districts for which that product is at least one but
    less than 1.875.
        (e) Any delegates remaining unallocated shall be
    delegates at large and shall be selected as determined by
    the State central committee under paragraph 1 of this
    Alternative A.
    3. The alternate delegates at large shall be allocated in
the same manner as the delegates at large. The alternate
delegates other than the alternate delegates at large shall be
allocated in the same manner as the delegates other than the
delegates at large.
    Alternative B: the chairman of the State central committee
shall file with the State Board of Elections a statement of the
number of delegates and alternate delegates to which the State
is entitled and the number of such delegates and alternate
delegates to be elected from congressional districts. The State
Board of Elections shall allocate such number of delegates and
alternate delegates, as the case may be, among the
congressional districts in the State for election from the
congressional districts.
    The Board shall utilize the sum of 1/3 of each of the
following formulae to determine the number of delegates and
alternate delegates, as the case may be, to be elected from
each congressional district:
    (1) Formula 1 shall be determined by multiplying paragraphs
(a) a, (b), b and (c) c together as follows:
        (a) The fraction derived by dividing the population of
    the district by the population of the State and adding to
    that fraction the following: 1/2 of the fraction calculated
    by dividing the total district vote for the party's
    candidate in the most recent presidential election by the
    total statewide vote for that candidate in that election,
    plus 1/2 of the fraction calculated by dividing the total
    district vote for the party's candidate in the second most
    recent Presidential election by the total statewide vote
    for that candidate in that election;
        (b) 1/2;
        (c) The number of delegates or alternate delegates, as
    the case may be, to which the State is entitled at the
    party's national nominating convention.
    (2) Formula 2 shall be determined by multiplying paragraphs
(a) a, (b), b and (c) c together as follows:
        (a) The fraction calculated by dividing the total
    numbers of votes in the district for the party's candidate
    in the most recent Gubernatorial election by the total
    statewide vote for that candidate in that election, plus,
    the fraction calculated by dividing the total district vote
    for the party's candidate in the most recent presidential
    election by the total statewide vote for that candidate in
    that election; .
        (b) 1/2;
        (c) The number of delegates or alternate delegates, as
    the case may be, to which the State is entitled at the
    party's national nominating convention.
    (3) Formula 3 shall be determined by multiplying paragraphs
(a) a, (b), b and (c) c together as follows:
        (a) 1/2 of the fraction calculated by dividing the
    total district vote for the party's candidate in the most
    recent presidential election by the total statewide vote
    for that candidate in that election, plus 1/2 of the
    fraction calculated by dividing the total district vote for
    the party's candidate in the second most recent
    presidential election by the total statewide vote for that
    candidate in that election. This sum shall be added to the
    fraction calculated by dividing the total voter
    registration of the party in the district by the total
    voter registration of the party in the State as of January
    1 of the year prior to the year in which the national
    nominating convention is held;
        (b) 1/2;
        (c) The number of delegates or alternate delegates, as
    the case may be, to which the State is entitled at the
    party's national nominating convention.
    Fractional numbers of delegates and alternate delegates
shall be rounded upward in rank order to the next whole number,
largest fraction first, until the total number of delegates and
alternate delegates, respectively, to be so chosen have been
allocated.
    The remainder of the delegates and alternate delegates
shall be selected as determined by the State central committee
of the party and shall be certified to the State Board of
Elections by the chairman of the State central committee.
    Notwithstanding anything to the contrary contained herein,
with respect to all aspects of the selection of delegates and
alternate delegates to a national nominating convention under
Alternative B, this Code shall be superseded superceded by the
delegate selection rules and policies of the national political
party including, but not limited to, the development of an
affirmative action plan.
(Source: P.A. 85-903; 85-958; 86-1089; revised 10-30-09.)
 
    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
    Sec. 19-3. Application for such ballot shall be made on
blanks to be furnished by the election authority and
duplication of such application for ballot is prohibited,
except by the election authority. The application for ballot
shall be substantially in the following form:
APPLICATION FOR ABSENTEE BALLOT
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; and that I wish to vote by absentee
ballot.
    I hereby make application for an official ballot or ballots
to be voted by me at such election, and I agree that I shall
return such ballot or ballots to the official issuing the same
prior to the closing of the polls on the date of the election
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
.............................................................
    However, if application is made for a primary election
ballot, such application shall designate the name of the
political party with which the applicant is affiliated.
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
(Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10;
96-553, eff. 8-17-09; revised 9-15-09.)
 
    (10 ILCS 5/20-2.3)  (from Ch. 46, par. 20-2.3)
    Sec. 20-2.3. Members of the Armed Forces and their spouses
and dependents. Any member of the United States Armed Forces
while on active duty, and his or her spouse and dependents,
otherwise qualified to vote, who expects in the course of his
or her duties to be absent from the county in which he or she
resides on the day of holding any election, in addition to any
other method of making application for an absentee ballot under
this Article, may make application for an absentee ballot to
the election authority having jurisdiction over his or her
precinct of residence by a facsimile machine or electronic
transmission not less than 10 days before the election.
    Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this
Article and not otherwise. Ballots voted under this Section
must be returned postmarked no later than midnight preceding
election day and received for counting at the central ballot
counting location of the election authority during the period
for counting provisional ballots, the last day of which is the
14th day following election day.
(Source: P.A. 96-312, eff. 1-1-10; 96-512, eff. 1-1-10; revised
10-6-09.)
 
    Section 40. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Section
50-5 as follows:
 
    (15 ILCS 20/50-5)
    Sec. 50-5. Governor to submit State budget. The Governor
shall, as soon as possible and not later than the third
Wednesday in March in 2009 (March 18, 2009) and the third
Wednesday in February of each year beginning in 2010, except as
otherwise provided in this Section, submit a State budget,
embracing therein the amounts recommended by the Governor to be
appropriated to the respective departments, offices, and
institutions, and for all other public purposes, the estimated
revenues from taxation, the estimated revenues from sources
other than taxation, and an estimate of the amount required to
be raised by taxation. The amounts recommended by the Governor
for appropriation to the respective departments, offices and
institutions shall be formulated according to the various
functions and activities for which the respective department,
office or institution of the State government (including the
elective officers in the executive department and including the
University of Illinois and the judicial department) is
responsible. The amounts relating to particular functions and
activities shall be further formulated in accordance with the
object classification specified in Section 13 of the State
Finance Act.
    The Governor shall not propose expenditures and the General
Assembly shall not enact appropriations that exceed the
resources estimated to be available, as provided in this
Section.
    For the purposes of Article VIII, Section 2 of the 1970
Illinois Constitution, the State budget for the following funds
shall be prepared on the basis of revenue and expenditure
measurement concepts that are in concert with generally
accepted accounting principles for governments:
        (1) General Revenue Fund.
        (2) Common School Fund.
        (3) Educational Assistance Fund.
        (4) Road Fund.
        (5) Motor Fuel Tax Fund.
        (6) Agricultural Premium Fund.
    These funds shall be known as the "budgeted funds". The
revenue estimates used in the State budget for the budgeted
funds shall include the estimated beginning fund balance, plus
revenues estimated to be received during the budgeted year,
plus the estimated receipts due the State as of June 30 of the
budgeted year that are expected to be collected during the
lapse period following the budgeted year, minus the receipts
collected during the first 2 months of the budgeted year that
became due to the State in the year before the budgeted year.
Revenues shall also include estimated federal reimbursements
associated with the recognition of Section 25 of the State
Finance Act liabilities. For any budgeted fund for which
current year revenues are anticipated to exceed expenditures,
the surplus shall be considered to be a resource available for
expenditure in the budgeted fiscal year.
    Expenditure estimates for the budgeted funds included in
the State budget shall include the costs to be incurred by the
State for the budgeted year, to be paid in the next fiscal
year, excluding costs paid in the budgeted year which were
carried over from the prior year, where the payment is
authorized by Section 25 of the State Finance Act. For any
budgeted fund for which expenditures are expected to exceed
revenues in the current fiscal year, the deficit shall be
considered as a use of funds in the budgeted fiscal year.
    Revenues and expenditures shall also include transfers
between funds that are based on revenues received or costs
incurred during the budget year.
    Appropriations for expenditures shall also include all
anticipated statutory continuing appropriation obligations
that are expected to be incurred during the budgeted fiscal
year.
    By March 15 of each year, the Commission on Government
Forecasting and Accountability shall prepare revenue and fund
transfer estimates in accordance with the requirements of this
Section and report those estimates to the General Assembly and
the Governor.
    For all funds other than the budgeted funds, the proposed
expenditures shall not exceed funds estimated to be available
for the fiscal year as shown in the budget. Appropriation for a
fiscal year shall not exceed funds estimated by the General
Assembly to be available during that year.
(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; revised
9-4-09.)
 
    Section 45. The Attorney General Act is amended by changing
Section 7 as follows:
 
    (15 ILCS 205/7)
    Sec. 7. Public Access Counselor.
    (a) The General Assembly finds that members of the public
have encountered obstacles in obtaining copies of public
records from units of government, and that many of those
obstacles result from difficulties that both members of the
public and public bodies have had in interpreting and applying
the Freedom of Information Act. The General Assembly further
finds that members of the public have encountered difficulties
in resolving alleged violations of the Open Meetings Act. The
public's significant interest in access to public records and
in open meetings would be better served if there were a central
office available to provide advice and education with respect
to the interpretation and implementation of the Freedom of
Information Act and the Open Meetings Act.
    (b) Therefore, there is created in the Office of the
Attorney General the Office of Public Access Counselor. The
Attorney General shall appoint a Public Access Counselor, who
shall be an attorney licensed to practice in Illinois. The
Public Access Counselor's Office shall be comprised of the
Public Access Counselor and such assistant attorneys general
and other staff as are deemed necessary by the Attorney
General.
    (c) Through the Public Access Counselor, the Attorney
General shall have the power:
        (1) to establish and administer a program to provide
    free training for public officials and to educate the
    public on the rights of the public and the responsibilities
    of public bodies under the Freedom of Information Act and
    the Open Meetings Act;
        (2) to prepare and distribute interpretive or
    educational materials and programs;
        (3) to resolve disputes involving a potential
    violation of the Open Meetings Act or the Freedom of
    Information Act in response to a request for review
    initiated by an aggrieved party, as provided in those Acts,
    by mediating or otherwise informally resolving the dispute
    or by issuing a binding opinion; except that the Attorney
    General may not issue an opinion concerning a specific
    matter with respect to which a lawsuit has been filed under
    Section 3 of the Open Meetings Act or Section 11 of the
    Freedom of Information Act;
        (4) to issue advisory opinions with respect to the Open
    Meetings Act and the Freedom of Information Act either in
    response to a request for review or otherwise;
        (5) to respond to informal inquiries made by the public
    and public bodies;
        (6) to conduct research on compliance issues;
        (7) to make recommendations to the General Assembly
    concerning ways to improve access to public records and
    public access to the processes of government;
        (8) to develop and make available on the Attorney
    General's website or by other means an electronic training
    curriculum for Freedom of Information officers;
        (9) to develop and make available on the Attorney
    General's website or by other means an electronic Open
    Meetings Act training curriculum for employees, officers,
    and members designated by public bodies;
        (10) to prepare and distribute to public bodies model
    policies for compliance with the Freedom of Information
    Act; and
        (11) to promulgate rules to implement these powers.
    (d) To accomplish the objectives and to carry out the
duties prescribed by this Section, the Public Access Counselor,
in addition to other powers conferred upon him or her by this
Section, may request that subpoenas be issued by the Attorney
General in accordance with the provisions of Section 9.5 of the
Freedom of Information Act and Section 3.5 of the Open Meetings
Act. Service by the Attorney General of any subpoena upon any
person shall be made:
        (1) (i) personally by delivery of a duly executed copy
    thereof to the person to be served, or in the case of a
    public body, in the manner provided in Section 2-211 of the
    Code of Civil Procedure Civil Practice Law; or
        (2) (ii) by mailing by certified mail a duly executed
    copy thereof to the person to be served at his or her last
    known abode or, in the case of a public body, to its
    principal place of business.
    (e) If any person or public body fails or refuses to obey
any subpoena issued pursuant to this Section, the Attorney
General may file a complaint in the circuit court to:
        (1) (i) obtain compliance with the subpoena;
        (2) (ii) obtain injunctive relief to prevent a
    violation of the Open Meetings Act or Freedom of
    Information Act; and
        (3) (iii) obtain such other relief as may be required.
    (f) The Attorney General has the authority to file an
action in the circuit court of Cook or Sangamon County for
injunctive or other relief to compel compliance with a binding
opinion issued pursuant to Section 3.5 of the Open Meetings Act
or Section 9.5 of the Freedom of Information Act, to prevent a
violation of the Open Meetings Act or the Freedom of
Information Act, and for such other relief as may be required.
    (g) The Attorney General shall post his or her binding
opinions issued pursuant to Section 3.5 of the Open Meetings
Act or Section 9.5 of the Freedom of Information Act and any
rules on the official website of the Office of the Attorney
General, with links to those opinions from the official home
page, and shall make them available for immediate inspection in
his or her office.
(Source: P.A. 96-542, eff. 1-1-10; revised 10-30-09.)
 
    Section 50. The Illinois Identification Card Act is amended
by setting forth and renumbering multiple versions of Section
4C as follows:
 
    (15 ILCS 335/4C)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 4C. Homeless person status. For the purposes of this
Act, an individual's status as a "homeless person" may be
verified by a human services, legal services, or other worker
that has knowledge of the individual's housing status,
including, but not limited to:
        (1) a homeless service agency receiving federal,
    State, county, or municipal funding to provide those
    services or otherwise sanctioned by local continuum of
    care;
        (2) an attorney licensed to practice in the State of
    Illinois;
        (3) a public school homeless liaison or school social
    worker; or
        (4) a human services provider funded by the State of
    Illinois to serve homeless or runaway youth, individuals
    with mental illness, or individuals with addictions.
    Individuals who are homeless must not be charged for this
verification. The Secretary of State by rule shall establish
standards and procedures consistent with this Section for
waiver of the Illinois Identification Care fee based on
homelessness, which shall include the name and address of the
individual and the agency providing verification of
homelessness. Any falsification of this official record is
subject to penalty.
(Source: P.A. 96-183, eff. 7-1-10.)
 
    (15 ILCS 335/4D)
    Sec. 4D 4C. Issuance of confidential identification cards.
    (a) Requirements for use of confidential identification
cards. Confidential identification cards may be issued to
local, state, and federal government agencies for bona fide law
enforcement purposes. The identification cards may be issued in
fictitious names and addresses, and may be used only in
confidential, investigative, or undercover law enforcement
operations.
    (b) Application procedures for confidential identification
cards:
        (1) Applications by local, state, and federal
    government agencies for confidential identification cards
    must be made to the Secretary of State Police Department on
    a form and in a manner prescribed by the Secretary of State
    Police Department.
        (2) The application form must include information, as
    specific as possible without compromising investigations
    or techniques, setting forth the need for the
    identification cards and the uses to which the
    identification cards will be limited.
        (3) The application form must be signed and verified by
    the local, state, or federal government agency head or
    designee.
        (4) Information maintained by the Secretary of State
    Police Department for confidential identification cards
    must show the fictitious names and addresses on all records
    subject to public disclosure. All other information
    concerning these confidential identification cards are
    exempt from disclosure unless the disclosure is ordered by
    a court of competent jurisdiction.
    (c) Cancellation procedures for confidential
identification cards:
        (1) The Secretary of State Police Department may cancel
    or refuse to renew confidential identification cards when
    they have reasonable cause to believe the cards are being
    used for purposes other than those set forth in the
    application form or authorized by this Section.
        (2) A government agency must request cancellation of
    confidential identification cards that are no longer
    required for the purposes for which they were issued.
        (3) Upon the request of the Secretary of State Police
    Department, all cancelled confidential identification
    cards must be promptly returned to the Secretary of State
    Police Department by the government agency to which they
    were issued.
(Source: P.A. 96-549, eff. 8-17-09; revised 9-15-09.)
 
    Section 55. The Civil Administrative Code of Illinois is
amended by changing Section 5-565 as follows:
 
    (20 ILCS 5/5-565)  (was 20 ILCS 5/6.06)
    Sec. 5-565. In the Department of Public Health.
    (a) The General Assembly declares it to be the public
policy of this State that all citizens of Illinois are entitled
to lead healthy lives. Governmental public health has a
specific responsibility to ensure that a system is in place to
allow the public health mission to be achieved. To develop a
system requires certain core functions to be performed by
government. The State Board of Health is to assume the
leadership role in advising the Director in meeting the
following functions:
        (1) Needs assessment.
        (2) Statewide health objectives.
        (3) Policy development.
        (4) Assurance of access to necessary services.
    There shall be a State Board of Health composed of 19
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by the
Governor on and after June 30, 1998, and one of whom shall be a
senior citizen age 60 or over. Five members shall be physicians
licensed to practice medicine in all its branches, one
representing a medical school faculty, one who is board
certified in preventive medicine, and one who is engaged in
private practice. One member shall be a chiropractic physician.
One member shall be a dentist; one an environmental health
practitioner; one a local public health administrator; one a
local board of health member; one a registered nurse; one a
physical therapist; one a veterinarian; one a public health
academician; one a health care industry representative; one a
representative of the business community; one a representative
of the non-profit public interest community; and 2 shall be
citizens at large.
    The terms of Board of Health members shall be 3 years,
except that members shall continue to serve on the Board of
Health until a replacement is appointed. Upon the effective
date of this amendatory Act of the 93rd General Assembly, in
the appointment of the Board of Health members appointed to
vacancies or positions with terms expiring on or before
December 31, 2004, the Governor shall appoint up to 6 members
to serve for terms of 3 years; up to 6 members to serve for
terms of 2 years; and up to 5 members to serve for a term of one
year, so that the term of no more than 6 members expire in the
same year. All members shall be legal residents of the State of
Illinois. The duties of the Board shall include, but not be
limited to, the following:
        (1) To advise the Department of ways to encourage
    public understanding and support of the Department's
    programs.
        (2) To evaluate all boards, councils, committees,
    authorities, and bodies advisory to, or an adjunct of, the
    Department of Public Health or its Director for the purpose
    of recommending to the Director one or more of the
    following:
            (i) The elimination of bodies whose activities are
        not consistent with goals and objectives of the
        Department.
            (ii) The consolidation of bodies whose activities
        encompass compatible programmatic subjects.
            (iii) The restructuring of the relationship
        between the various bodies and their integration
        within the organizational structure of the Department.
            (iv) The establishment of new bodies deemed
        essential to the functioning of the Department.
        (3) To serve as an advisory group to the Director for
    public health emergencies and control of health hazards.
        (4) To advise the Director regarding public health
    policy, and to make health policy recommendations
    regarding priorities to the Governor through the Director.
        (5) To present public health issues to the Director and
    to make recommendations for the resolution of those issues.
        (6) To recommend studies to delineate public health
    problems.
        (7) To make recommendations to the Governor through the
    Director regarding the coordination of State public health
    activities with other State and local public health
    agencies and organizations.
        (8) To report on or before February 1 of each year on
    the health of the residents of Illinois to the Governor,
    the General Assembly, and the public.
        (9) To review the final draft of all proposed
    administrative rules, other than emergency or preemptory
    rules and those rules that another advisory body must
    approve or review within a statutorily defined time period,
    of the Department after September 19, 1991 (the effective
    date of Public Act 87-633). The Board shall review the
    proposed rules within 90 days of submission by the
    Department. The Department shall take into consideration
    any comments and recommendations of the Board regarding the
    proposed rules prior to submission to the Secretary of
    State for initial publication. If the Department disagrees
    with the recommendations of the Board, it shall submit a
    written response outlining the reasons for not accepting
    the recommendations.
        In the case of proposed administrative rules or
    amendments to administrative rules regarding immunization
    of children against preventable communicable diseases
    designated by the Director under the Communicable Disease
    Prevention Act, after the Immunization Advisory Committee
    has made its recommendations, the Board shall conduct 3
    public hearings, geographically distributed throughout the
    State. At the conclusion of the hearings, the State Board
    of Health shall issue a report, including its
    recommendations, to the Director. The Director shall take
    into consideration any comments or recommendations made by
    the Board based on these hearings.
        (10) To deliver to the Governor for presentation to the
    General Assembly a State Health Improvement Plan. The first
    and second such plans shall be delivered to the Governor on
    January 1, 2006 and on January 1, 2009 respectively, and
    then every 4 years thereafter.
        The Plan shall recommend priorities and strategies to
    improve the public health system and the health status of
    Illinois residents, taking into consideration national
    health objectives and system standards as frameworks for
    assessment.
        The Plan shall also take into consideration priorities
    and strategies developed at the community level through the
    Illinois Project for Local Assessment of Needs (IPLAN) and
    any regional health improvement plans that may be
    developed. The Plan shall focus on prevention as a key
    strategy for long-term health improvement in Illinois.
        The Plan shall examine and make recommendations on the
    contributions and strategies of the public and private
    sectors for improving health status and the public health
    system in the State. In addition to recommendations on
    health status improvement priorities and strategies for
    the population of the State as a whole, the Plan shall make
    recommendations regarding priorities and strategies for
    reducing and eliminating health disparities in Illinois;
    including racial, ethnic, gender, age, socio-economic and
    geographic disparities.
        The Director of the Illinois Department of Public
    Health shall appoint a Planning Team that includes a range
    of public, private, and voluntary sector stakeholders and
    participants in the public health system. This Team shall
    include: the directors of State agencies with public health
    responsibilities (or their designees), including but not
    limited to the Illinois Departments of Public Health and
    Department of Human Services, representatives of local
    health departments, representatives of local community
    health partnerships, and individuals with expertise who
    represent an array of organizations and constituencies
    engaged in public health improvement and prevention.
        The State Board of Health shall hold at least 3 public
    hearings addressing drafts of the Plan in representative
    geographic areas of the State. Members of the Planning Team
    shall receive no compensation for their services, but may
    be reimbursed for their necessary expenses.
        (11) Upon the request of the Governor, to recommend to
    the Governor candidates for Director of Public Health when
    vacancies occur in the position.
        (12) To adopt bylaws for the conduct of its own
    business, including the authority to establish ad hoc
    committees to address specific public health programs
    requiring resolution.
        (13) To review and comment upon the Comprehensive
    Health Plan submitted by the Center for Comprehensive
    Health Planning as provided under Section 2310-217 of the
    Department of Public Health Powers and Duties Law of the
    Civil Administrative Code of Illinois.
    Upon appointment, the Board shall elect a chairperson from
among its members.
    Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000 per
year, as designated by the Director for each day required for
transacting the business of the Board and shall be reimbursed
for necessary expenses incurred in the performance of their
duties. The Board shall meet from time to time at the call of
the Department, at the call of the chairperson, or upon the
request of 3 of its members, but shall not meet less than 4
times per year.
    (b) (Blank).
    (c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor shall
appoint 3 members to serve for terms of 1 year, 3 for terms of 2
years, and 3 for terms of 3 years. The members first appointed
under Public Act 83-1538 shall serve for a term of 3 years. All
members appointed thereafter shall be appointed for terms of 3
years, except that when an appointment is made to fill a
vacancy, the appointment shall be for the remaining term of the
position vacant. The members of the Board shall be citizens of
the State of Illinois. In the appointment of members of the
Advisory Board the Governor shall appoint 3 members who shall
be persons licensed to practice medicine and surgery in the
State of Illinois, at least 2 of whom shall have received
post-graduate training in the field of pathology; 3 members who
are duly elected coroners in this State; and 5 members who
shall have interest and abilities in the field of forensic
medicine but who shall be neither persons licensed to practice
any branch of medicine in this State nor coroners. In the
appointment of medical and coroner members of the Board, the
Governor shall invite nominations from recognized medical and
coroners organizations in this State respectively. Board
members, while serving on business of the Board, shall receive
actual necessary travel and subsistence expenses while so
serving away from their places of residence.
(Source: P.A. 96-31, eff. 6-30-09; 96-455, eff. 8-14-09;
revised 9-4-09.)
 
    Section 60. The Children and Family Services Act is amended
by changing Sections 5 and 34.11 as follows:
 
    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
    Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
    (a) For purposes of this Section:
        (1) "Children" means persons found within the State who
    are under the age of 18 years. The term also includes
    persons under age 21 who:
            (A) were committed to the Department pursuant to
        the Juvenile Court Act or the Juvenile Court Act of
        1987, as amended, prior to the age of 18 and who
        continue under the jurisdiction of the court; or
            (B) were accepted for care, service and training by
        the Department prior to the age of 18 and whose best
        interest in the discretion of the Department would be
        served by continuing that care, service and training
        because of severe emotional disturbances, physical
        disability, social adjustment or any combination
        thereof, or because of the need to complete an
        educational or vocational training program.
        (2) "Homeless youth" means persons found within the
    State who are under the age of 19, are not in a safe and
    stable living situation and cannot be reunited with their
    families.
        (3) "Child welfare services" means public social
    services which are directed toward the accomplishment of
    the following purposes:
            (A) protecting and promoting the health, safety
        and welfare of children, including homeless, dependent
        or neglected children;
            (B) remedying, or assisting in the solution of
        problems which may result in, the neglect, abuse,
        exploitation or delinquency of children;
            (C) preventing the unnecessary separation of
        children from their families by identifying family
        problems, assisting families in resolving their
        problems, and preventing the breakup of the family
        where the prevention of child removal is desirable and
        possible when the child can be cared for at home
        without endangering the child's health and safety;
            (D) restoring to their families children who have
        been removed, by the provision of services to the child
        and the families when the child can be cared for at
        home without endangering the child's health and
        safety;
            (E) placing children in suitable adoptive homes,
        in cases where restoration to the biological family is
        not safe, possible or appropriate;
            (F) assuring safe and adequate care of children
        away from their homes, in cases where the child cannot
        be returned home or cannot be placed for adoption. At
        the time of placement, the Department shall consider
        concurrent planning, as described in subsection (l-1)
        of this Section so that permanency may occur at the
        earliest opportunity. Consideration should be given so
        that if reunification fails or is delayed, the
        placement made is the best available placement to
        provide permanency for the child;
            (G) (blank);
            (H) (blank); and
            (I) placing and maintaining children in facilities
        that provide separate living quarters for children
        under the age of 18 and for children 18 years of age
        and older, unless a child 18 years of age is in the
        last year of high school education or vocational
        training, in an approved individual or group treatment
        program, in a licensed shelter facility, or secure
        child care facility. The Department is not required to
        place or maintain children:
                (i) who are in a foster home, or
                (ii) who are persons with a developmental
            disability, as defined in the Mental Health and
            Developmental Disabilities Code, or
                (iii) who are female children who are
            pregnant, pregnant and parenting or parenting, or
                (iv) who are siblings, in facilities that
            provide separate living quarters for children 18
            years of age and older and for children under 18
            years of age.
    (b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
    (c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
    (d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or
the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
    (e) (Blank).
    (f) (Blank).
    (g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
        (1) adoption;
        (2) foster care;
        (3) family counseling;
        (4) protective services;
        (5) (blank);
        (6) homemaker service;
        (7) return of runaway children;
        (8) (blank);
        (9) placement under Section 5-7 of the Juvenile Court
    Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
    Court Act of 1987 in accordance with the federal Adoption
    Assistance and Child Welfare Act of 1980; and
        (10) interstate services.
    Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in alcohol and drug abuse screening techniques
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
    (h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
ward and that no licensed private facility has an adequate and
appropriate program or none agrees to accept the ward, the
Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be developed
within the Department or through purchase of services by the
Department to the extent that it is within its statutory
authority to do.
    (i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
        (1) case management;
        (2) homemakers;
        (3) counseling;
        (4) parent education;
        (5) day care; and
        (6) emergency assistance and advocacy.
    In addition, the following services may be made available
to assess and meet the needs of children and families:
        (1) comprehensive family-based services;
        (2) assessments;
        (3) respite care; and
        (4) in-home health services.
    The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
    (j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who (i)
immediately prior to their adoption were legal wards of the
Department or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-740 of the Juvenile Court Act of 1987 for children
who were wards of the Department for 12 months immediately
prior to the appointment of the guardian.
    The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
    Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
    (j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
    (k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act or
the Juvenile Court Act of 1987.
    (l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and Neglected
Child Reporting Act, to help families, including adoptive and
extended families. Family preservation services shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the
children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
    The Department shall notify the child and his family of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary. The Department may also provide
services to any child or family after completion of a family
assessment, as an alternative to an investigation, as provided
under the "differential response program" provided for in
subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
    The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. A minor charged with a criminal
offense under the Criminal Code of 1961 or adjudicated
delinquent shall not be placed in the custody of or committed
to the Department by any court, except (i) a minor less than 15
years of age committed to the Department under Section 5-710 of
the Juvenile Court Act of 1987, (ii) a minor for whom an
independent basis of abuse, neglect, or dependency exists,
which must be defined by departmental rule, or (iii) a minor
for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. An independent basis exists
when the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency.
    As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134) this amendatory Act of the 96th
General Assembly, the Department shall develop and implement a
special program of family preservation services to support
intact, foster, and adoptive families who are experiencing
extreme hardships due to the difficulty and stress of caring
for a child who has been diagnosed with a pervasive
developmental disorder if the Department determines that those
services are necessary to ensure the health and safety of the
child. The Department may offer services to any family whether
or not a report has been filed under the Abused and Neglected
Child Reporting Act. The Department may refer the child or
family to services available from other agencies in the
community if the conditions in the child's or family's home are
reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
these services shall be voluntary. The Department shall develop
and implement a public information campaign to alert health and
social service providers and the general public about these
special family preservation services. The nature and scope of
the services offered and the number of families served under
the special program implemented under this paragraph shall be
determined by the level of funding that the Department annually
allocates for this purpose. The term "pervasive developmental
disorder" under this paragraph means a neurological condition,
including but not limited to, Asperger's Syndrome and autism,
as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.
    (l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
    When determining reasonable efforts to be made with respect
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
    When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
    A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
    The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
        (1) the likelihood of prompt reunification;
        (2) the past history of the family;
        (3) the barriers to reunification being addressed by
    the family;
        (4) the level of cooperation of the family;
        (5) the foster parents' willingness to work with the
    family to reunite;
        (6) the willingness and ability of the foster family to
    provide an adoptive home or long-term placement;
        (7) the age of the child;
        (8) placement of siblings.
    (m) The Department may assume temporary custody of any
child if:
        (1) it has received a written consent to such temporary
    custody signed by the parents of the child or by the parent
    having custody of the child if the parents are not living
    together or by the guardian or custodian of the child if
    the child is not in the custody of either parent, or
        (2) the child is found in the State and neither a
    parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
    The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
    The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
    A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain
temporary custody of the child until the court orders
otherwise. If a petition is not filed within the 10 day period,
the child shall be surrendered to the custody of the requesting
parent, guardian or custodian not later than the expiration of
the 10 day period, at which time the authority and duties of
the Department with respect to the temporary custody of the
child shall terminate.
    (m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to
Section 3-15-2 of the Unified Code of Corrections, unless the
child is a ward who was placed under the care of the Department
before being subject to placement in a correctional facility
and a court of competent jurisdiction has ordered placement of
the child in a secure care facility.
    (n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
    (n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
    (o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Children
who are wards of the Department and are placed by private child
welfare agencies, and foster families with whom those children
are placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
insure that any private child welfare agency, which accepts
wards of the Department for placement, affords those rights to
children and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made by
(i) a child or foster family concerning a decision following an
initial review by a private child welfare agency or (ii) a
prospective adoptive parent who alleges a violation of
subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner.
    (p) There is hereby created the Department of Children and
Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall establish
administrative rules specifying the criteria for determining
eligibility for and the amount and nature of assistance to be
provided. The Department may also enter into written agreements
with private and public social service agencies to provide
emergency financial services to families referred by the
Department. Special financial assistance payments shall be
available to a family no more than once during each fiscal year
and the total payments to a family may not exceed $500 during a
fiscal year.
    (q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
    The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
    In disbursing funds from children's accounts, the
Department shall:
        (1) Establish standards in accordance with State and
    federal laws for disbursing money from children's
    accounts. In all circumstances, the Department's
    "Guardianship Administrator" or his or her designee must
    approve disbursements from children's accounts. The
    Department shall be responsible for keeping complete
    records of all disbursements for each account for any
    purpose.
        (2) Calculate on a monthly basis the amounts paid from
    State funds for the child's board and care, medical care
    not covered under Medicaid, and social services; and
    utilize funds from the child's account, as covered by
    regulation, to reimburse those costs. Monthly,
    disbursements from all children's accounts, up to 1/12 of
    $13,000,000, shall be deposited by the Department into the
    General Revenue Fund and the balance over 1/12 of
    $13,000,000 into the DCFS Children's Services Fund.
        (3) Maintain any balance remaining after reimbursing
    for the child's costs of care, as specified in item (2).
    The balance shall accumulate in accordance with relevant
    State and federal laws and shall be disbursed to the child
    or his or her guardian, or to the issuing agency.
    (r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place or handicapped child and the names of such
children who have not been placed for adoption. A list of such
names and addresses shall be maintained by the Department or
its agent, and coded lists which maintain the confidentiality
of the person seeking to adopt the child and of the child shall
be made available, without charge, to every adoption agency in
the State to assist the agencies in placing such children for
adoption. The Department may delegate to an agent its duty to
maintain and make available such lists. The Department shall
ensure that such agent maintains the confidentiality of the
person seeking to adopt the child and of the child.
    (s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
    (t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
        (1) an order entered by an Illinois court specifically
    directs the Department to perform such services; and
        (2) the court has ordered one or both of the parties to
    the proceeding to reimburse the Department for its
    reasonable costs for providing such services in accordance
    with Department rules, or has determined that neither party
    is financially able to pay.
    The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
    (u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
parents or other caretaker:
        (1) available detailed information concerning the
    child's educational and health history, copies of
    immunization records (including insurance and medical card
    information), a history of the child's previous
    placements, if any, and reasons for placement changes
    excluding any information that identifies or reveals the
    location of any previous caretaker;
        (2) a copy of the child's portion of the client service
    plan, including any visitation arrangement, and all
    amendments or revisions to it as related to the child; and
        (3) information containing details of the child's
    individualized educational plan when the child is
    receiving special education services.
    The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
    The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
    (u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
    (v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
if the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
    (v-1) Prior to final approval for placement of a child, the
Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if
the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
    (v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
    (w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
    (x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a ward turns 12 years old and each year thereafter for the
duration of the guardianship as terminated pursuant to the
Juvenile Court Act of 1987. The Department shall determine if
financial exploitation of the child's personal information has
occurred. If financial exploitation appears to have taken place
or is presently ongoing, the Department shall notify the proper
law enforcement agency, the proper State's Attorney, or the
Attorney General.
(Source: P.A. 95-10, eff. 6-30-07; 95-601, eff. 9-11-07;
95-642, eff. 6-1-08; 95-876, eff. 8-21-08; 96-134, eff. 8-7-09;
96-581, eff. 1-1-10; 96-600, eff. 8-21-09; 96-619, eff. 1-1-10;
96-760, eff. 1-1-10; revised 9-15-09.)
 
    (20 ILCS 505/34.11)
    Sec. 34.11. Lou Jones Grandparent Child Care Program.
    (a) The General Assembly finds and declares the following:
        (1) An increasing number of children under the age of
    18, including many children who would otherwise be at risk
    of abuse or neglect, are in the care of a grandparent or
    other nonparent relative.
        (2) The principal causes of this increase include
    parental substance abuse, chronic illness, child abuse,
    mental illness, military deployment, poverty,
    homelessness, deportation, and death, as well as concerted
    efforts by families and by the child welfare service system
    to keep children with relatives whenever possible.
        (3) Grandparents and older relatives providing primary
    care for at-risk children may experience unique resultant
    problems, such as financial stress due to limited incomes,
    emotional difficulties dealing with the loss of the child's
    parents or the child's unique behaviors, and decreased
    physical stamina coupled with a much higher incidence of
    chronic illness.
        (4) Many children being raised by nonparent relatives
    experience one or a combination of emotional, behavioral,
    psychological, academic, or medical problems, especially
    those born to a substance-abusing mother or at risk of
    child abuse, neglect, or abandonment.
        (5) Grandparents and other relatives providing primary
    care for children lack appropriate information about the
    issues of kinship care, the special needs (both physical
    and psychological) of children born to a substance-abusing
    mother or at risk of child abuse, neglect, or abandonment,
    and the support resources currently available to them.
        (6) An increasing number of grandparents and other
    relatives age 60 or older are adopting or becoming the
    subsidized guardians of children placed in their care by
    the Department. Some of these children will experience the
    death of their adoptive parent or guardian before reaching
    the age of 18. For most of these children, no legal plan
    has been made for the child's future care and custody in
    the event of the caregiver's death or incapacity.
        (7) Grandparents and other relatives providing primary
    care for children lack appropriate information about
    future care and custody planning for children in their
    care. They also lack access to resources that may assist
    them in developing future legal care and custody plans for
    children in their legal custody.
    (b) The Department may establish an informational and
educational program for grandparents and other relatives who
provide primary care for children who are at risk of child
abuse, neglect, or abandonment or who were born to
substance-abusing mothers. As a part of the program, the
Department may develop, publish, and distribute an
informational brochure for grandparents and other relatives
who provide primary care for children who are at risk of child
abuse, neglect, or abandonment or who were born to
substance-abusing mothers. The information provided under the
program authorized by this Section may include, but is not
limited to the following:
        (1) The most prevalent causes of kinship care,
    especially the risk of (i) substance exposure, (ii) child
    abuse, neglect, or abandonment, (iii) chronic illness,
    (iv) mental illness, (v) military deployment, or (vi)
    death.
        (2) The problems experienced by children being raised
    by nonparent caregivers.
        (3) The problems experienced by grandparents and other
    nonparent relatives providing primary care for children
    who have special needs.
        (4) The legal system as it relates to children and
    their nonparent primary caregivers.
        (5) The benefits available to children and their
    nonparent primary caregivers.
        (6) A list of support groups and resources located
    throughout the State.
    The brochure may be distributed through hospitals, public
health nurses, child protective services, medical professional
offices, elementary and secondary schools, senior citizen
centers, public libraries, community action agencies selected
by the Department, and the Department of Human Services.
    The Kinship Navigator established under the Kinship
Navigator Act shall coordinate the grandparent child care
program under this Section with the programs and services
established and administered by the Department of Human
Services under the Kinship Navigator Act.
    (c) In addition to other provisions of this Section, the
Department shall establish a program of information, social
work services, and legal services for any person age 60 or over
and any other person who may be in need of a future legal care
and custody plan who adopt, have adopted, take guardianship of,
or have taken guardianship of children previously in the
Department's custody. This program shall also assist families
of deceased adoptive parents and guardians. As part of the
program, the Department shall:
        (1) Develop a protocol for identification of persons
    age 60 or over and others who may be in need of future care
    and custody plans, including ill caregivers, who are
    adoptive parents, prospective adoptive parents, guardians,
    or prospective guardians of children who are or have been
    in Department custody.
        (2) Provide outreach to caregivers before and after
    adoption and guardianship, and to the families of deceased
    caregivers, regarding Illinois legal options for future
    care and custody of children.
        (3) Provide training for Department and private agency
    staff on methods of assisting caregivers before and after
    adoption and guardianship, and the families of older and
    ill caregivers, who wish to make future care and custody
    plans for children who have been wards of the Department
    and who are or will be adopted by or are or will become
    wards of those caregivers.
        (4) Ensure that all caregivers age 60 or over who will
    adopt or will become guardians of children previously in
    Department custody have specifically designated future
    caregivers for children in their care. The Department shall
    document this designation, and the Department shall also
    document acceptance of this responsibility by any future
    caregiver. Documentation of future care designation shall
    be included in each child's case file and adoption or
    guardianship subsidy files as applicable to the child.
        (5) Ensure that any designated future caregiver and the
    family of a deceased caregiver have information on the
    financial needs of the child and future resources that may
    be available to support the child, including any adoption
    assistance and subsidized guardianship for which the child
    is or may be eligible.
        (6) With respect to programs of social work and legal
    services:
            (i) Provide contracted social work services to
        older and ill caregivers, and the families of deceased
        caregivers, including those who will or have adopted or
        will take or have taken guardianship of children
        previously in Department custody. Social work services
        to caregivers will have the goal of securing a future
        care and custody plan for children in their care. Such
        services will include providing information to the
        caregivers and families on standby guardianship,
        guardianship, standby adoption, and adoption. The
        Department will assist the caregiver in developing a
        plan for the child if the caregiver becomes
        incapacitated or terminally ill, or dies while the
        child is a minor. The Department shall develop a form
        to document the information given to caregivers and to
        document plans for future custody, in addition to the
        documentation described in subsection (b) (4). This
        form shall be included in each child's case file and
        adoption or guardianship subsidy files as applicable
        to the child.
            (ii) Through a program of contracted legal
        services, assist older and ill caregivers, and the
        families of deceased caregivers, with the goal of
        securing court-ordered future care and custody plans
        for children in their care. Court-ordered future care
        and custody plans may include: standby guardianship,
        successor guardianship, standby adoption, and
        successor adoption. The program will also study ways in
        which to provide timely and cost-effective legal
        services to older and ill caregivers, and to families
        of deceased caregivers in order to ensure permanency
        for children in their care.
        (7) Ensure that future caregivers designated by
    adoptive parents or guardians, and the families of deceased
    caregivers, understand their rights and potential
    responsibilities and shall be able to provide adequate
    support and education for children who may become their
    legal responsibility.
        (8) Ensure that future caregivers designated by
    adoptive parents and guardians, and the families of
    deceased caregivers, understand the problems of children
    who have experienced multiple caregivers and who may have
    experienced abuse, neglect, or abandonment or may have been
    born to substance-abusing mothers.
        (9) Ensure that future caregivers designated by
    adoptive parents and guardians, and the families of
    deceased caregivers, understand the problems experienced
    by older and ill caregivers of children, including children
    with special needs, such as financial stress due to limited
    income and increased financial responsibility, emotional
    difficulties associated with the loss of a child's parent
    or the child's unique behaviors, the special needs of a
    child who may come into their custody or whose parent or
    guardian is already deceased, and decreased physical
    stamina and a higher rate of chronic illness and other
    health concerns.
        (10) Provide additional services as needed to families
    in which a designated caregiver appointed by the court or a
    caregiver designated in a will or other legal document
    cannot or will not fulfill the responsibilities as adoptive
    parent, guardian, or legal custodian of the child.
    (d) The Department shall consult with the Department on
Aging and any other agency it deems appropriate as the
Department develops the program required by subsection (c).
    (e) Rulemaking authority to implement Public Act 95-1040
this amendatory Act of the 95th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all
provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative
Rules; any purported rule not so adopted, for whatever reason,
is unauthorized.
(Source: P.A. 95-1040, eff. 3-25-09; 96-276, eff. 8-11-09;
revised 9-4-09.)
 
    Section 65. The Child Death Review Team Act is amended by
changing Section 45 as follows:
 
    (20 ILCS 515/45)
    Sec. 45. Child Death Investigation Task Force; pilot
program. The Child Death Review Teams Executive Council may,
from funds appropriated by the Illinois General Assembly to the
Department and provided to the Child Death Review Teams
Executive Council for this purpose, or from funds that may
otherwise be provided for this purpose from other public or
private sources, establish a 3-year pilot program in the
Southern Region of the State, as designated by the Department,
under which a special Child Death Investigation Task Force will
be created by the Child Death Review Teams Executive Council to
develop and implement a plan for the investigation of sudden,
unexpected, or unexplained deaths of children under 18 years of
age occurring within that region. The plan shall include a
protocol to be followed by child death review teams in the
review of child deaths authorized under paragraph (a)(5) of
Section 20 of this Act. The plan must include provisions for
local or State law enforcement agencies, hospitals, or coroners
to promptly notify the Task Force of a death or serious
life-threatening injury to a child, and for the Child Death
Investigation Task Force to review the death and submit a
report containing findings and recommendations to the Child
Death Review Teams Executive Council, the Director, the
Department of Children and Family Services Inspector General,
the appropriate State's Attorney, and the State Representative
and State Senator in whose legislative districts the case
arose. The plan may include coordination with any investigation
conducted under the Children's Advocacy Center Act. By January
1, 2010, the Child Death Review Teams Executive Council shall
submit a report to the Director, the General Assembly, and the
Governor summarizing the results of the pilot program together
with any recommendations for statewide implementation of a
protocol for the investigation of investigating all sudden,
unexpected, or unexplained child deaths.
(Source: P.A. 95-527, eff. 6-1-08; revised 10-30-09.)
 
    Section 70. The Department of Human Services Act is amended
by changing Section 1-17 as follows:
 
    (20 ILCS 1305/1-17)
    (Text of Section before amendment by P.A. 96-339)
    Sec. 1-17. Inspector General.
    (a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded
or certified by the Department of Human Services, but not
licensed or certified by any other State agency. It is also the
express intent of the General Assembly to authorize the
Inspector General to investigate alleged or suspected cases of
abuse, neglect, or financial exploitation of adults with
disabilities living in domestic settings in the community under
the Abuse of Adults with Disabilities Intervention Act.
    (b) Definitions. The following definitions apply to this
Section:
    "Agency" or "community agency" means (i) a community agency
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of the
State, to provide mental health service or developmental
disabilities service, or (ii) a program licensed, funded, or
certified by the Department, but not licensed or certified by
any other human services agency of the State, to provide mental
health service or developmental disabilities service.
    "Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
    "Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an employee,
facility, or agency against an individual or individuals:
mental abuse, physical abuse, sexual abuse, neglect, or
financial exploitation.
    "Day" means working day, unless otherwise specified.
    "Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
    "Department" means the Department of Human Services.
    "Developmentally disabled" means having a developmental
disability.
    "Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
    "Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
    "Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual
agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This
includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
    "Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
    "Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
    "Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
    "Health care worker registry" or "registry" means the
health care worker registry created by the Nursing Home Care
Act.
    "Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
    "Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
    "Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
    "Mentally ill" means having a mental illness.
    "Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or
both the severity of the conduct and the culpability of the
accused.
    "Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in
either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
    "Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
    "Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
    "Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
    "Secretary" means the Chief Administrative Officer of the
Department.
    "Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior.
    "Substantiated" means there is a preponderance of the
evidence to support the allegation.
    "Unfounded" means there is no credible evidence to support
the allegation.
    "Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
    (c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
    (d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
    (e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State in
investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
    (f) Limitations. The Inspector General shall not conduct an
investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection limits
investigations by the Department that may otherwise be required
by law or that may be necessary in the Department's capacity as
central administrative authority responsible for the operation
of the State's mental health and developmental disabilities
facilities.
    (g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with, an
investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department in
preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
    (h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons receiving
treatment for mental illness, developmental disability, or
both mental illness and developmental disability, and (ii)
establish and conduct periodic training programs for facility
and agency employees concerning the prevention and reporting of
any one or more of the following: mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation. Nothing in this Section shall be deemed to
prevent the Office of Inspector General from conducting any
other training as determined by the Inspector General to be
necessary or helpful.
    (i) Duty to cooperate.
        (1) The Inspector General shall at all times be granted
    access to any facility or agency for the purpose of
    investigating any allegation, conducting unannounced site
    visits, monitoring compliance with a written response, or
    completing any other statutorily assigned duty. The
    Inspector General shall conduct unannounced site visits to
    each facility at least annually for the purpose of
    reviewing and making recommendations on systemic issues
    relative to preventing, reporting, investigating, and
    responding to all of the following: mental abuse, physical
    abuse, sexual abuse, neglect, egregious neglect, or
    financial exploitation.
        (2) Any employee who fails to cooperate with an Office
    of the Inspector General investigation is in violation of
    this Act. Failure to cooperate with an investigation
    includes, but is not limited to, any one or more of the
    following: (i) creating and transmitting a false report to
    the Office of the Inspector General hotline, (ii) providing
    false information to an Office of the Inspector General
    Investigator during an investigation, (iii) colluding with
    other employees to cover up evidence, (iv) colluding with
    other employees to provide false information to an Office
    of the Inspector General investigator, (v) destroying
    evidence, (vi) withholding evidence, or (vii) otherwise
    obstructing an Office of the Inspector General
    investigation. Additionally, any employee who, during an
    unannounced site visit or written response compliance
    check, fails to cooperate with requests from the Office of
    the Inspector General is in violation of this Act.
    (j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
    (k) Reporting allegations and deaths.
        (1) Allegations. If an employee witnesses, is told of,
    or has reason to believe an incident of mental abuse,
    physical abuse, sexual abuse, neglect, or financial
    exploitation has occurred, the employee, agency, or
    facility shall report the allegation by phone to the Office
    of the Inspector General hotline according to the agency's
    or facility's procedures, but in no event later than 4
    hours after the initial discovery of the incident,
    allegation, or suspicion of any one or more of the
    following: mental abuse, physical abuse, sexual abuse,
    neglect, or financial exploitation. A required reporter as
    defined in subsection (b) of this Section who knowingly or
    intentionally fails to comply with these reporting
    requirements is guilty of a Class A misdemeanor.
        (2) Deaths. Absent an allegation, a required reporter
    shall, within 24 hours after initial discovery, report by
    phone to the Office of the Inspector General hotline each
    of the following:
            (i) Any death of an individual occurring within 14
        calendar days after discharge or transfer of the
        individual from a residential program or facility.
            (ii) Any death of an individual occurring within 24
        hours after deflection from a residential program or
        facility.
            (iii) Any other death of an individual occurring at
        an agency or facility or at any Department-funded site.
        (3) Retaliation. It is a violation of this Act for any
    employee or administrator of an agency or facility to take
    retaliatory action against an employee who acts in good
    faith in conformance with his or her duties as a required
    reporter.
    (l) Reporting criminal acts. Within 24 hours after
determining that there is credible evidence indicating that a
criminal act may have been committed or that special expertise
may be required in an investigation, the Inspector General
shall notify the Department of State Police or other
appropriate law enforcement authority, or ensure that such
notification is made. The Department of State Police shall
investigate any report from a State-operated facility
indicating a possible murder, sexual assault, or other felony
by an employee. All investigations conducted by the Inspector
General shall be conducted in a manner designed to ensure the
preservation of evidence for possible use in a criminal
prosecution.
    (m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, or if a
recommendation is made, the Inspector General shall provide the
investigative report on the case to the Secretary and to the
director of the facility or agency where any one or more of the
following occurred: mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation.
In a substantiated case, the investigative report shall include
any mitigating or aggravating circumstances that were
identified during the investigation. If the case involves
substantiated neglect, the investigative report shall also
state whether egregious neglect was found. An investigative
report may also set forth recommendations. All investigative
reports prepared by the Office of the Inspector General shall
be considered confidential and shall not be released except as
provided by the law of this State or as required under
applicable federal law. Unsubstantiated and unfounded reports
shall not be disclosed except as allowed under Section 6 of the
Abused and Neglected Long Term Care Facility Residents
Reporting Act. Raw data used to compile the investigative
report shall not be subject to release unless required by law
or a court order. "Raw data used to compile the investigative
report" includes, but is not limited to, any one or more of the
following: the initial complaint, witness statements,
photographs, investigator's notes, police reports, or incident
reports. If the allegations are substantiated, the accused
shall be provided with a redacted copy of the investigative
report. Death reports where there was no allegation of abuse or
neglect shall only be released pursuant to applicable State or
federal law or a valid court order.
    (n) Written responses and reconsideration requests.
        (1) Written responses. Within 30 calendar days from
    receipt of a substantiated investigative report or an
    investigative report which contains recommendations,
    absent a reconsideration request, the facility or agency
    shall file a written response that addresses, in a concise
    and reasoned manner, the actions taken to: (i) protect the
    individual; (ii) prevent recurrences; and (iii) eliminate
    the problems identified. The response shall include the
    implementation and completion dates of such actions. If the
    written response is not filed within the allotted 30
    calendar day period, the Secretary shall determine the
    appropriate corrective action to be taken.
        (2) Reconsideration requests. The facility, agency,
    victim or guardian, or the subject employee may request
    that the Office of Inspector General reconsider or clarify
    its finding based upon additional information.
    (o) Disclosure of the finding by the Inspector General. The
Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
    (p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure or certification,
or (iv) the imposition of appropriate sanctions.
    (q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30 day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of any
implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may include,
but are not limited to: (i) site visits, (ii) telephone
contact, and (iii) requests for additional documentation
evidencing compliance.
    (r) Sanctions. Sanctions, if imposed by the Secretary under
Subdivision (p)(iv) of this Section, shall be designed to
prevent further acts of mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation
or some combination of one or more of those acts at a facility
or agency, and may include any one or more of the following:
        (1) Appointment of on-site monitors.
        (2) Transfer or relocation of an individual or
    individuals.
        (3) Closure of units.
        (4) Termination of any one or more of the following:
    (i) Department licensing, (ii) funding, or (iii)
    certification.
    The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's Attorney
in implementing sanctions.
    (s) Health care worker registry.
        (1) Reporting to the registry. The Inspector General
    shall report to the Department of Public Health's health
    care worker registry, a public registry, the identity and
    finding of each employee of a facility or agency against
    whom there is a final investigative report containing a
    substantiated allegation of physical or sexual abuse or
    egregious neglect of an individual.
        (2) Notice to employee. Prior to reporting the name of
    an employee, the employee shall be notified of the
    Department's obligation to report and shall be granted an
    opportunity to request an administrative hearing, the sole
    purpose of which is to determine if the substantiated
    finding warrants reporting to the registry. Notice to the
    employee shall contain a clear and concise statement of the
    grounds on which the report to the registry is based, offer
    the employee an opportunity for a hearing, and identify the
    process for requesting such a hearing. Notice is sufficient
    if provided by certified mail to the employee's last known
    address. If the employee fails to request a hearing within
    30 days from the date of the notice, the Inspector General
    shall report the name of the employee to the registry.
    Nothing in this subdivision (s)(2) shall diminish or impair
    the rights of a person who is a member of a collective
    bargaining unit under the Illinois Public Labor Relations
    Act or under any other federal labor statute.
        (3) Registry hearings. If the employee requests an
    administrative hearing, the employee shall be granted an
    opportunity to appear before an administrative law judge to
    present reasons why the employee's name should not be
    reported to the registry. The Department shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that the substantiated
    finding warrants reporting to the registry. After
    considering all the evidence presented, the administrative
    law judge shall make a recommendation to the Secretary as
    to whether the substantiated finding warrants reporting
    the name of the employee to the registry. The Secretary
    shall render the final decision. The Department and the
    employee shall have the right to request that the
    administrative law judge consider a stipulated disposition
    of these proceedings.
        (4) Testimony at registry hearings. A person who makes
    a report or who investigates a report under this Act shall
    testify fully in any judicial proceeding resulting from
    such a report, as to any evidence of abuse or neglect, or
    the cause thereof. No evidence shall be excluded by reason
    of any common law or statutory privilege relating to
    communications between the alleged perpetrator of abuse or
    neglect, or the individual alleged as the victim in the
    report, and the person making or investigating the report.
    Testimony at hearings is exempt from the confidentiality
    requirements of subsection (f) of Section 10 of the Mental
    Health and Developmental Disabilities Confidentiality Act.
        (5) Employee's rights to collateral action. No
    reporting to the registry shall occur and no hearing shall
    be set or proceed if an employee notifies the Inspector
    General in writing, including any supporting
    documentation, that he or she is formally contesting an
    adverse employment action resulting from a substantiated
    finding by complaint filed with the Illinois Civil Service
    Commission, or which otherwise seeks to enforce the
    employee's rights pursuant to any applicable collective
    bargaining agreement. If an action taken by an employer
    against an employee as a result of a finding of physical
    abuse, sexual abuse, or egregious neglect is overturned
    through an action filed with the Illinois Civil Service
    Commission or under any applicable collective bargaining
    agreement and if that employee's name has already been sent
    to the registry, the employee's name shall be removed from
    the registry.
        (6) Removal from registry. At any time after the report
    to the registry, but no more than once in any 12-month
    period, an employee may petition the Department in writing
    to remove his or her name from the registry. Upon receiving
    notice of such request, the Inspector General shall conduct
    an investigation into the petition. Upon receipt of such
    request, an administrative hearing will be set by the
    Department. At the hearing, the employee shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that removal of the name
    from the registry is in the public interest. The parties
    may jointly request that the administrative law judge
    consider a stipulated disposition of these proceedings.
    (t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving health care
worker registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
    (u) Quality Care Board. There is created, within the Office
of the Inspector General, a Quality Care Board to be composed
of 7 members appointed by the Governor with the advice and
consent of the Senate. One of the members shall be designated
as chairman by the Governor. Of the initial appointments made
by the Governor, 4 Board members shall each be appointed for a
term of 4 years and 3 members shall each be appointed for a
term of 2 years. Upon the expiration of each member's term, a
successor shall be appointed for a term of 4 years. In the case
of a vacancy in the office of any member, the Governor shall
appoint a successor for the remainder of the unexpired term.
    Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or developmentally disabled. Two members
appointed by the Governor shall be persons with a disability or
a parent of a person with a disability. Members shall serve
without compensation, but shall be reimbursed for expenses
incurred in connection with the performance of their duties as
members.
    The Board shall meet quarterly, and may hold other meetings
on the call of the chairman. Four members shall constitute a
quorum allowing the Board to conduct its business. The Board
may adopt rules and regulations it deems necessary to govern
its own procedures.
    The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure the
prompt and thorough investigation of allegations of neglect and
abuse. In fulfilling these responsibilities, the Board may do
the following:
        (1) Provide independent, expert consultation to the
    Inspector General on policies and protocols for
    investigations of alleged abuse, neglect, or both abuse and
    neglect.
        (2) Review existing regulations relating to the
    operation of facilities.
        (3) Advise the Inspector General as to the content of
    training activities authorized under this Section.
        (4) Recommend policies concerning methods for
    improving the intergovernmental relationships between the
    Office of the Inspector General and other State or federal
    offices.
    (v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or identifying
information of any individual, but shall include objective data
identifying any trends in the number of reported allegations,
the timeliness of the Office of the Inspector General's
investigations, and their disposition, for each facility and
Department-wide, for the most recent 3-year time period. The
report shall also identify, by facility, the staff-to-patient
ratios taking account of direct care staff only. The report
shall also include detailed recommended administrative actions
and matters for consideration by the General Assembly.
    (w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency. The
Auditor General shall conduct the program audit according to
the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
    (x) Nothing in this Section shall be construed to mean that
a patient is a victim of abuse or neglect because of health
care services appropriately provided or not provided by health
care professionals.
    (y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to a patient in
contravention of that patient's stated or implied objection to
the provision of that service on the ground that that service
conflicts with the patient's religious beliefs or practices,
nor shall the failure to provide a service to a patient be
considered abuse under this Section if the patient has objected
to the provision of that service based on his or her religious
beliefs or practices.
(Source: P.A. 95-545, eff. 8-28-07; 96-407, eff. 8-13-09;
96-555, eff. 8-18-09; revised 9-25-09.)
 
    (Text of Section after amendment by P.A. 96-339)
    Sec. 1-17. Inspector General.
    (a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded
or certified by the Department of Human Services, but not
licensed or certified by any other State agency. It is also the
express intent of the General Assembly to authorize the
Inspector General to investigate alleged or suspected cases of
abuse, neglect, or financial exploitation of adults with
disabilities living in domestic settings in the community under
the Abuse of Adults with Disabilities Intervention Act.
    (b) Definitions. The following definitions apply to this
Section:
    "Agency" or "community agency" means (i) a community agency
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of the
State, to provide mental health service or developmental
disabilities service, or (ii) a program licensed, funded, or
certified by the Department, but not licensed or certified by
any other human services agency of the State, to provide mental
health service or developmental disabilities service.
    "Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
    "Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an employee,
facility, or agency against an individual or individuals:
mental abuse, physical abuse, sexual abuse, neglect, or
financial exploitation.
    "Day" means working day, unless otherwise specified.
    "Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
    "Department" means the Department of Human Services.
    "Developmentally disabled" means having a developmental
disability.
    "Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
    "Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
    "Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual
agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This
includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
    "Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
    "Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
    "Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
    "Health care worker registry" or "registry" means the
health care worker registry created by the Nursing Home Care
Act.
    "Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
    "Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
    "Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
    "Mentally ill" means having a mental illness.
    "Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or
both the severity of the conduct and the culpability of the
accused.
    "Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in
either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
    "Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
    "Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
    "Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
    "Secretary" means the Chief Administrative Officer of the
Department.
    "Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior.
    "Substantiated" means there is a preponderance of the
evidence to support the allegation.
    "Unfounded" means there is no credible evidence to support
the allegation.
    "Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
    (c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
    (d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
    (e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State in
investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
    (f) Limitations. The Inspector General shall not conduct an
investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection limits
investigations by the Department that may otherwise be required
by law or that may be necessary in the Department's capacity as
central administrative authority responsible for the operation
of the State's mental health and developmental disabilities
facilities.
    (g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with, an
investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department in
preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
    (h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons receiving
treatment for mental illness, developmental disability, or
both mental illness and developmental disability, and (ii)
establish and conduct periodic training programs for facility
and agency employees concerning the prevention and reporting of
any one or more of the following: mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation. Nothing in this Section shall be deemed to
prevent the Office of Inspector General from conducting any
other training as determined by the Inspector General to be
necessary or helpful.
    (i) Duty to cooperate.
        (1) The Inspector General shall at all times be granted
    access to any facility or agency for the purpose of
    investigating any allegation, conducting unannounced site
    visits, monitoring compliance with a written response, or
    completing any other statutorily assigned duty. The
    Inspector General shall conduct unannounced site visits to
    each facility at least annually for the purpose of
    reviewing and making recommendations on systemic issues
    relative to preventing, reporting, investigating, and
    responding to all of the following: mental abuse, physical
    abuse, sexual abuse, neglect, egregious neglect, or
    financial exploitation.
        (2) Any employee who fails to cooperate with an Office
    of the Inspector General investigation is in violation of
    this Act. Failure to cooperate with an investigation
    includes, but is not limited to, any one or more of the
    following: (i) creating and transmitting a false report to
    the Office of the Inspector General hotline, (ii) providing
    false information to an Office of the Inspector General
    Investigator during an investigation, (iii) colluding with
    other employees to cover up evidence, (iv) colluding with
    other employees to provide false information to an Office
    of the Inspector General investigator, (v) destroying
    evidence, (vi) withholding evidence, or (vii) otherwise
    obstructing an Office of the Inspector General
    investigation. Additionally, any employee who, during an
    unannounced site visit or written response compliance
    check, fails to cooperate with requests from the Office of
    the Inspector General is in violation of this Act.
    (j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
    (k) Reporting allegations and deaths.
        (1) Allegations. If an employee witnesses, is told of,
    or has reason to believe an incident of mental abuse,
    physical abuse, sexual abuse, neglect, or financial
    exploitation has occurred, the employee, agency, or
    facility shall report the allegation by phone to the Office
    of the Inspector General hotline according to the agency's
    or facility's procedures, but in no event later than 4
    hours after the initial discovery of the incident,
    allegation, or suspicion of any one or more of the
    following: mental abuse, physical abuse, sexual abuse,
    neglect, or financial exploitation. A required reporter as
    defined in subsection (b) of this Section who knowingly or
    intentionally fails to comply with these reporting
    requirements is guilty of a Class A misdemeanor.
        (2) Deaths. Absent an allegation, a required reporter
    shall, within 24 hours after initial discovery, report by
    phone to the Office of the Inspector General hotline each
    of the following:
            (i) Any death of an individual occurring within 14
        calendar days after discharge or transfer of the
        individual from a residential program or facility.
            (ii) Any death of an individual occurring within 24
        hours after deflection from a residential program or
        facility.
            (iii) Any other death of an individual occurring at
        an agency or facility or at any Department-funded site.
        (3) Retaliation. It is a violation of this Act for any
    employee or administrator of an agency or facility to take
    retaliatory action against an employee who acts in good
    faith in conformance with his or her duties as a required
    reporter.
    (l) Reporting criminal acts. Within 24 hours after
determining that there is credible evidence indicating that a
criminal act may have been committed or that special expertise
may be required in an investigation, the Inspector General
shall notify the Department of State Police or other
appropriate law enforcement authority, or ensure that such
notification is made. The Department of State Police shall
investigate any report from a State-operated facility
indicating a possible murder, sexual assault, or other felony
by an employee. All investigations conducted by the Inspector
General shall be conducted in a manner designed to ensure the
preservation of evidence for possible use in a criminal
prosecution.
    (m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, or if a
recommendation is made, the Inspector General shall provide the
investigative report on the case to the Secretary and to the
director of the facility or agency where any one or more of the
following occurred: mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation.
In a substantiated case, the investigative report shall include
any mitigating or aggravating circumstances that were
identified during the investigation. If the case involves
substantiated neglect, the investigative report shall also
state whether egregious neglect was found. An investigative
report may also set forth recommendations. All investigative
reports prepared by the Office of the Inspector General shall
be considered confidential and shall not be released except as
provided by the law of this State or as required under
applicable federal law. Unsubstantiated and unfounded reports
shall not be disclosed except as allowed under Section 6 of the
Abused and Neglected Long Term Care Facility Residents
Reporting Act. Raw data used to compile the investigative
report shall not be subject to release unless required by law
or a court order. "Raw data used to compile the investigative
report" includes, but is not limited to, any one or more of the
following: the initial complaint, witness statements,
photographs, investigator's notes, police reports, or incident
reports. If the allegations are substantiated, the accused
shall be provided with a redacted copy of the investigative
report. Death reports where there was no allegation of abuse or
neglect shall only be released pursuant to applicable State or
federal law or a valid court order.
    (n) Written responses and reconsideration requests.
        (1) Written responses. Within 30 calendar days from
    receipt of a substantiated investigative report or an
    investigative report which contains recommendations,
    absent a reconsideration request, the facility or agency
    shall file a written response that addresses, in a concise
    and reasoned manner, the actions taken to: (i) protect the
    individual; (ii) prevent recurrences; and (iii) eliminate
    the problems identified. The response shall include the
    implementation and completion dates of such actions. If the
    written response is not filed within the allotted 30
    calendar day period, the Secretary shall determine the
    appropriate corrective action to be taken.
        (2) Reconsideration requests. The facility, agency,
    victim or guardian, or the subject employee may request
    that the Office of Inspector General reconsider or clarify
    its finding based upon additional information.
    (o) Disclosure of the finding by the Inspector General. The
Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
    (p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure or certification,
or (iv) the imposition of appropriate sanctions.
    (q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30 day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of any
implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may include,
but are not limited to: (i) site visits, (ii) telephone
contact, and (iii) requests for additional documentation
evidencing compliance.
    (r) Sanctions. Sanctions, if imposed by the Secretary under
Subdivision (p)(iv) of this Section, shall be designed to
prevent further acts of mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation
or some combination of one or more of those acts at a facility
or agency, and may include any one or more of the following:
        (1) Appointment of on-site monitors.
        (2) Transfer or relocation of an individual or
    individuals.
        (3) Closure of units.
        (4) Termination of any one or more of the following:
    (i) Department licensing, (ii) funding, or (iii)
    certification.
    The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's Attorney
in implementing sanctions.
    (s) Health care worker registry.
        (1) Reporting to the registry. The Inspector General
    shall report to the Department of Public Health's health
    care worker registry, a public registry, MR/DD Community
    Care Act the identity and finding of each employee of a
    facility or agency against whom there is a final
    investigative report containing a substantiated allegation
    of physical or sexual abuse or egregious neglect of an
    individual. MR/DD Community Care Act
        (2) Notice to employee. Prior to reporting the name of
    an employee, the employee shall be notified of the
    Department's obligation to report and shall be granted an
    opportunity to request an administrative hearing, the sole
    purpose of which is to determine if the substantiated
    finding warrants reporting to the registry. Notice to the
    employee shall contain a clear and concise statement of the
    grounds on which the report to the registry is based, offer
    the employee an opportunity for a hearing, and identify the
    process for requesting such a hearing. Notice is sufficient
    if provided by certified mail to the employee's last known
    address. If the employee fails to request a hearing within
    30 days from the date of the notice, the Inspector General
    shall report the name of the employee to the registry.
    Nothing in this subdivision (s)(2) shall diminish or impair
    the rights of a person who is a member of a collective
    bargaining unit under the Illinois Public Labor Relations
    Act or under any other federal labor statute.
        (3) Registry hearings. If the employee requests an
    administrative hearing, the employee shall be granted an
    opportunity to appear before an administrative law judge to
    present reasons why the employee's name should not be
    reported to the registry. The Department shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that the substantiated
    finding warrants reporting to the registry. After
    considering all the evidence presented, the administrative
    law judge shall make a recommendation to the Secretary as
    to whether the substantiated finding warrants reporting
    the name of the employee to the registry. The Secretary
    shall render the final decision. The Department and the
    employee shall have the right to request that the
    administrative law judge consider a stipulated disposition
    of these proceedings.
        (4) Testimony at registry hearings. A person who makes
    a report or who investigates a report under this Act shall
    testify fully in any judicial proceeding resulting from
    such a report, as to any evidence of abuse or neglect, or
    the cause thereof. No evidence shall be excluded by reason
    of any common law or statutory privilege relating to
    communications between the alleged perpetrator of abuse or
    neglect, or the individual alleged as the victim in the
    report, and the person making or investigating the report.
    Testimony at hearings is exempt from the confidentiality
    requirements of subsection (f) of Section 10 of the Mental
    Health and Developmental Disabilities Confidentiality Act.
        (5) Employee's rights to collateral action. No
    reporting to the registry shall occur and no hearing shall
    be set or proceed if an employee notifies the Inspector
    General in writing, including any supporting
    documentation, that he or she is formally contesting an
    adverse employment action resulting from a substantiated
    finding by complaint filed with the Illinois Civil Service
    Commission, or which otherwise seeks to enforce the
    employee's rights pursuant to any applicable collective
    bargaining agreement. If an action taken by an employer
    against an employee as a result of a finding of physical
    abuse, sexual abuse, or egregious neglect is overturned
    through an action filed with the Illinois Civil Service
    Commission or under any applicable collective bargaining
    agreement and if that employee's name has already been sent
    to the registry, the employee's name shall be removed from
    the registry.
        (6) Removal from registry. At any time after the report
    to the registry, but no more than once in any 12-month
    period, an employee may petition the Department in writing
    to remove his or her name from the registry. Upon receiving
    notice of such request, the Inspector General shall conduct
    an investigation into the petition. Upon receipt of such
    request, an administrative hearing will be set by the
    Department. At the hearing, the employee shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that removal of the name
    from the registry is in the public interest. The parties
    may jointly request that the administrative law judge
    consider a stipulated disposition of these proceedings.
    (t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving health care
worker registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
    (u) Quality Care Board. There is created, within the Office
of the Inspector General, a Quality Care Board to be composed
of 7 members appointed by the Governor with the advice and
consent of the Senate. One of the members shall be designated
as chairman by the Governor. Of the initial appointments made
by the Governor, 4 Board members shall each be appointed for a
term of 4 years and 3 members shall each be appointed for a
term of 2 years. Upon the expiration of each member's term, a
successor shall be appointed for a term of 4 years. In the case
of a vacancy in the office of any member, the Governor shall
appoint a successor for the remainder of the unexpired term.
    Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or developmentally disabled. Two members
appointed by the Governor shall be persons with a disability or
a parent of a person with a disability. Members shall serve
without compensation, but shall be reimbursed for expenses
incurred in connection with the performance of their duties as
members.
    The Board shall meet quarterly, and may hold other meetings
on the call of the chairman. Four members shall constitute a
quorum allowing the Board to conduct its business. The Board
may adopt rules and regulations it deems necessary to govern
its own procedures.
    The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure the
prompt and thorough investigation of allegations of neglect and
abuse. In fulfilling these responsibilities, the Board may do
the following:
        (1) Provide independent, expert consultation to the
    Inspector General on policies and protocols for
    investigations of alleged abuse, neglect, or both abuse and
    neglect.
        (2) Review existing regulations relating to the
    operation of facilities.
        (3) Advise the Inspector General as to the content of
    training activities authorized under this Section.
        (4) Recommend policies concerning methods for
    improving the intergovernmental relationships between the
    Office of the Inspector General and other State or federal
    offices.
    (v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or identifying
information of any individual, but shall include objective data
identifying any trends in the number of reported allegations,
the timeliness of the Office of the Inspector General's
investigations, and their disposition, for each facility and
Department-wide, for the most recent 3-year time period. The
report shall also identify, by facility, the staff-to-patient
ratios taking account of direct care staff only. The report
shall also include detailed recommended administrative actions
and matters for consideration by the General Assembly.
    (w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency. The
Auditor General shall conduct the program audit according to
the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
    (x) Nothing in this Section shall be construed to mean that
a patient is a victim of abuse or neglect because of health
care services appropriately provided or not provided by health
care professionals.
    (y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to a patient in
contravention of that patient's stated or implied objection to
the provision of that service on the ground that that service
conflicts with the patient's religious beliefs or practices,
nor shall the failure to provide a service to a patient be
considered abuse under this Section if the patient has objected
to the provision of that service based on his or her religious
beliefs or practices.
(Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10;
96-407, eff. 8-13-09; 96-555, eff. 8-18-09; revised 9-25-09.)
 
    Section 75. The Department of Human Services (Mental Health
and Developmental Disabilities) Law of the Civil
Administrative Code of Illinois is amended by changing Section
1710-1 as follows:
 
    (20 ILCS 1710/1710-1)
    Sec. 1710-1. Article short title. This Article 1710 of the
Civil Administrative Code of Illinois may be cited as the
Department of Human Services (Mental Health and Developmental
Disabilities) Law.
(Source: P.A. 91-239, eff. 1-1-00; revised 10-30-09.)
 
    Section 80. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 as follows:
 
    (20 ILCS 2105/2105-15)
    Sec. 2105-15. General powers and duties.
    (a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
        (1) To authorize examinations in English to ascertain
    the qualifications and fitness of applicants to exercise
    the profession, trade, or occupation for which the
    examination is held.
        (2) To prescribe rules and regulations for a fair and
    wholly impartial method of examination of candidates to
    exercise the respective professions, trades, or
    occupations.
        (3) To pass upon the qualifications of applicants for
    licenses, certificates, and authorities, whether by
    examination, by reciprocity, or by endorsement.
        (4) To prescribe rules and regulations defining, for
    the respective professions, trades, and occupations, what
    shall constitute a school, college, or university, or
    department of a university, or other institution,
    reputable and in good standing, and to determine the
    reputability and good standing of a school, college, or
    university, or department of a university, or other
    institution, reputable and in good standing, by reference
    to a compliance with those rules and regulations; provided,
    that no school, college, or university, or department of a
    university, or other institution that refuses admittance
    to applicants solely on account of race, color, creed, sex,
    or national origin shall be considered reputable and in
    good standing.
        (5) To conduct hearings on proceedings to revoke,
    suspend, refuse to renew, place on probationary status, or
    take other disciplinary action as authorized in any
    licensing Act administered by the Department with regard to
    licenses, certificates, or authorities of persons
    exercising the respective professions, trades, or
    occupations and to revoke, suspend, refuse to renew, place
    on probationary status, or take other disciplinary action
    as authorized in any licensing Act administered by the
    Department with regard to those licenses, certificates, or
    authorities. The Department shall issue a monthly
    disciplinary report. The Department shall deny any license
    or renewal authorized by the Civil Administrative Code of
    Illinois to any person who has defaulted on an educational
    loan or scholarship provided by or guaranteed by the
    Illinois Student Assistance Commission or any governmental
    agency of this State; however, the Department may issue a
    license or renewal if the aforementioned persons have
    established a satisfactory repayment record as determined
    by the Illinois Student Assistance Commission or other
    appropriate governmental agency of this State.
    Additionally, beginning June 1, 1996, any license issued by
    the Department may be suspended or revoked if the
    Department, after the opportunity for a hearing under the
    appropriate licensing Act, finds that the licensee has
    failed to make satisfactory repayment to the Illinois
    Student Assistance Commission for a delinquent or
    defaulted loan. For the purposes of this Section,
    "satisfactory repayment record" shall be defined by rule.
    The Department shall refuse to issue or renew a license to,
    or shall suspend or revoke a license of, any person who,
    after receiving notice, fails to comply with a subpoena or
    warrant relating to a paternity or child support
    proceeding. However, the Department may issue a license or
    renewal upon compliance with the subpoena or warrant.
        The Department, without further process or hearings,
    shall revoke, suspend, or deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    a person who is certified by the Department of Healthcare
    and Family Services (formerly Illinois Department of
    Public Aid) as being more than 30 days delinquent in
    complying with a child support order or who is certified by
    a court as being in violation of the Non-Support Punishment
    Act for more than 60 days. The Department may, however,
    issue a license or renewal if the person has established a
    satisfactory repayment record as determined by the
    Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid) or if the person is
    determined by the court to be in compliance with the
    Non-Support Punishment Act. The Department may implement
    this paragraph as added by Public Act 89-6 through the use
    of emergency rules in accordance with Section 5-45 of the
    Illinois Administrative Procedure Act. For purposes of the
    Illinois Administrative Procedure Act, the adoption of
    rules to implement this paragraph shall be considered an
    emergency and necessary for the public interest, safety,
    and welfare.
        (6) To transfer jurisdiction of any realty under the
    control of the Department to any other department of the
    State Government or to acquire or accept federal lands when
    the transfer, acquisition, or acceptance is advantageous
    to the State and is approved in writing by the Governor.
        (7) To formulate rules and regulations necessary for
    the enforcement of any Act administered by the Department.
        (8) To exchange with the Department of Healthcare and
    Family Services information that may be necessary for the
    enforcement of child support orders entered pursuant to the
    Illinois Public Aid Code, the Illinois Marriage and
    Dissolution of Marriage Act, the Non-Support of Spouse and
    Children Act, the Non-Support Punishment Act, the Revised
    Uniform Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, or the Illinois Parentage
    Act of 1984. Notwithstanding any provisions in this Code to
    the contrary, the Department of Professional Regulation
    shall not be liable under any federal or State law to any
    person for any disclosure of information to the Department
    of Healthcare and Family Services (formerly Illinois
    Department of Public Aid) under this paragraph (8) or for
    any other action taken in good faith to comply with the
    requirements of this paragraph (8).
        (9) To perform other duties prescribed by law.
    (a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act, no person or entity whose license, certificate,
or authority has been revoked as authorized in any licensing
Act administered by the Department may apply for restoration of
that license, certification, or authority until 3 years after
the effective date of the revocation.
    (b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
    (c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
    (d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
    (e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 1 of the
Private Business and Vocational Schools Act.
    (f) Beginning July 1, 1995, this Section does not apply to
those professions, trades, and occupations licensed under the
Real Estate License Act of 2000, nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or the
Illinois Real Estate Time-Share Act.
    (g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
    In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facia evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
as registered with the Department. The notice shall advise the
licensee that the suspension shall be effective 60 days after
the issuance of the Department's order unless the Department
receives, from the licensee, a request for a hearing before the
Department to dispute the matters contained in the order.
    Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
    The Department shall promulgate rules for the
administration of this subsection (g).
    (h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. The use of
the title "Retired" shall not constitute representation of
current licensure, registration, or certification. Any person
without an active license, registration, or certificate in a
profession that requires licensure, registration, or
certification shall not be permitted to practice that
profession.
    (i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852) this amendatory Act of the 96th
General Assembly, the Department shall promulgate rules which
permit a person with a criminal record, who seeks a license or
certificate in an occupation for which a criminal record is not
expressly a per se bar, to apply to the Department for a
non-binding, advisory opinion to be provided by the Board or
body with the authority to issue the license or certificate as
to whether his or her criminal record would bar the individual
from the licensure or certification sought, should the
individual meet all other licensure requirements including,
but not limited to, the successful completion of the relevant
examinations.
(Source: P.A. 95-331, eff. 8-21-07; 96-459, eff. 8-14-09;
96-852, eff. 12-23-09; revised 1-4-10.)
 
    Section 85. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by setting forth and renumbering multiple versions of
Section 2310-640 as follows:
 
    (20 ILCS 2310/2310-640)
    Sec. 2310-640. Hospital Capital Investment Program.
    (a) Subject to appropriation, the Department shall
establish and administer a program to award capital grants to
Illinois hospitals licensed under the Hospital Licensing Act.
Grants awarded under this program shall only be used to fund
capital projects to improve or renovate the hospital's facility
or to improve, replace or acquire the hospital's equipment or
technology. Such projects may include, but are not limited to,
projects to satisfy any building code, safety standard or life
safety code; projects to maintain, improve, renovate, expand or
construct buildings or structures; projects to maintain,
establish or improve health information technology; or
projects to maintain or improve patient safety, quality of care
or access to care.
    The Department shall establish rules necessary to
implement the Hospital Capital Investment Program, including
application standards, requirements for the distribution and
obligation of grant funds, accounting for the use of the funds,
reporting the status of funded projects, and standards for
monitoring compliance with standards. In awarding grants under
this Section, the Department shall consider criteria that
include but are not limited to: the financial requirements of
the project and the extent to which the grant makes it possible
to implement the project; the proposed project's likely benefit
in terms of patient safety or quality of care; and the proposed
project's likely benefit in terms of maintaining or improving
access to care.
    The Department shall approve a hospital's eligibility for a
hospital capital investment grant pursuant to the standards
established by this Section. The Department shall determine
eligible project costs, including but not limited to the use of
funds for the acquisition, development, construction,
reconstruction, rehabilitation, improvement, architectural
planning, engineering, and installation of capital facilities
consisting of buildings, structures, technology and durable
equipment for hospital purposes. No portion of a hospital
capital investment grant awarded by the Department may be used
by a hospital to pay for any on-going operational costs, pay
outstanding debt, or be allocated to an endowment or other
invested fund.
    Nothing in this Section shall exempt nor relieve any
hospital receiving a grant under this Section from any
requirement of the Illinois Health Facilities Planning Act.
    (b) Safety Net Hospital Grants. The Department shall make
capital grants to hospitals eligible for safety net hospital
grants under this subsection. The total amount of grants to any
individual hospital shall be no less than $2,500,000 and no
more than $7,000,000. The total amount of grants to hospitals
under this subsection shall not exceed $100,000,000. Hospitals
that satisfy one of the following criteria shall be eligible to
apply for safety net hospital grants:
        (1) Any general acute care hospital located in a county
    of over 3,000,000 inhabitants that has a Medicaid inpatient
    utilization rate for the rate year beginning on October 1,
    2008 greater than 43%, that is not affiliated with a
    hospital system that owns or operates more than 3
    hospitals, and that has more than 13,500 Medicaid inpatient
    days.
        (2) Any general acute care hospital that is located in
    a county of more than 3,000,000 inhabitants and has a
    Medicaid inpatient utilization rate for the rate year
    beginning on October 1, 2008 greater than 55% and has
    authorized beds for the obstetric-gynecology category of
    service as reported in the 2008 Annual Hospital Bed Report,
    issued by the Illinois Department of Public Health.
        (3) Any hospital that is defined in 89 Illinois
    Administrative Code Section 149.50(c)(3)(A) and that has
    less than 20,000 Medicaid inpatient days.
        (4) Any general acute care hospital that is located in
    a county of less than 3,000,000 inhabitants and has a
    Medicaid inpatient utilization rate for the rate year
    beginning on October 1, 2008 greater than 64%.
        (5) Any general acute care hospital that is located in
    a county of over 3,000,000 inhabitants and a city of less
    than 1,000,000 inhabitants, that has a Medicaid inpatient
    utilization rate for the rate year beginning on October 1,
    2008 greater than 22%, that has more than 12,000 Medicaid
    inpatient days, and that has a case mix index greater than
    0.71.
    (c) Community Hospital Grants. The Department shall make a
one-time capital grant to any public or not-for-profit
hospitals located in counties of less than 3,000,000
inhabitants that are not otherwise eligible for a grant under
subsection (b) of this Section and that have a Medicaid
inpatient utilization rate for the rate year beginning on
October 1, 2008 of at least 10%. The total amount of grants
under this subsection shall not exceed $50,000,000. This grant
shall be the sum of the following payments:
        (1) For each acute care hospital, a base payment of:
            (i) $170,000 if it is located in an urban area; or
            (ii) $340,000 if it is located in a rural area.
        (2) A payment equal to the product of $45 multiplied by
    total Medicaid inpatient days for each hospital.
    (d) Annual report. The Department of Public Health shall
prepare and submit to the Governor and the General Assembly an
annual report by January 1 of each year regarding its
administration of the Hospital Capital Investment Program,
including an overview of the program and information about the
specific purpose and amount of each grant and the status of
funded projects. The report shall include information as to
whether each project is subject to and authorized under the
Illinois Health Facilities Planning Act, if applicable.
    (e) Definitions. As used in this Section, the following
terms shall be defined as follows:
    "General acute care hospital" shall have the same meaning
as general acute care hospital in Section 5A-12.2 of the
Illinois Public Aid Code.
    "Hospital" shall have the same meaning as defined in
Section 3 of the Hospital Licensing Act, but in no event shall
it include a hospital owned or operated by a State agency, a
State university, or a county with a population of 3,000,000 or
more.
    "Medicaid inpatient day" shall have the same meaning as
defined in Section 5A-12.2(n) of the Illinois Public Aid Code.
    "Medicaid inpatient utilization rate" shall have the same
meaning as provided in Title 89, Chapter I, subchapter d, Part
148, Section 148.120 of the Illinois Administrative Code.
    "Rural" shall have the same meaning as provided in Title
89, Chapter I, subchapter d, Part 148, Section 148.25(g)(3) of
the Illinois Administrative Code.
    "Urban" shall have the same meaning as provided in Title
89, Chapter I, subchapter d, Part 148, Section 148.25(g)(4) of
the Illinois Administrative Code.
(Source: P.A. 96-37, eff. 7-13-09.)
 
    (20 ILCS 2310/2310-641)
    (Section scheduled to be repealed on December 31, 2012)
    Sec. 2310-641 2310-640. Neonatal Diabetes Mellitus
Registry Pilot Program.
    (a) In this Section, "neonatal diabetes mellitus research
institution" means an Illinois academic medical research
institution that (i) conducts research in the area of diabetes
mellitus with onset before 12 months of age and (ii) is
functioning in this capacity as of the effective date of this
amendatory Act of the 96th General Assembly.
    (b) The Department, subject to appropriation or other funds
made available for this purpose, shall develop and implement a
3-year pilot program to create and maintain a monogenic
neonatal diabetes mellitus registry. The Department shall
create an electronic registry to track the glycosylated
hemoglobin level of each person with monogenic neonatal
diabetes who has a laboratory test to determine that level
performed by a physician or healthcare provider or at a
clinical laboratory in this State. The Department shall
facilitate collaborations between participating physicians and
other healthcare providers and the Kovler Diabetes Center at
the University of Chicago in order to assist participating
physicians and other healthcare providers with genetic testing
and follow-up care for participating patients.
    The goals of the registry are as follows:
        (1) to help identify new and existing patients with
    neonatal diabetes;
        (2) to provide a clearinghouse of information for
    individuals, their families, and doctors about these
    syndromes;
        (3) to keep track of patients with these mutations who
    are being treated with sulfonylurea drugs and their
    treatment outcomes; and
        (4) to help identify new genes responsible for
    diabetes.
    (c) Physicians licensed to practice medicine in all its
branches and other healthcare providers treating a patient in
this State with diabetes mellitus with onset before 12 months
of age shall report to the Department the following information
from all such cases no more than 30 days after diagnosis: the
name of the physician, the name of the patient, the birthdate
of the patient, the patient's age at the onset of diabetes, the
patient's birth weight, the patient's blood sugar level at the
onset of diabetes, any family history of diabetes of any type,
and any other pertinent medical history of the patient.
Clinical laboratories performing glycosylated hemoglobin tests
in this State as of the effective date of this amendatory Act
of the 96th General Assembly for patients with diabetes
mellitus with onset before 12 months of age must report the
results of each test that the laboratory performs to the
Department within 30 days after performing such test.
    (d) The Department shall create for dissemination to
physicians, healthcare providers, and clinical laboratories
performing glycosylated hemoglobin tests for patients with
monogenic neonatal diabetes mellitus a consent form. The
physician, healthcare provider, or laboratory shall obtain the
written informed consent of the patient to the disclosure of
the patient's information. At initial consultation, the
physician, healthcare provider, or laboratory representative
shall provide the patient with a copy of the consent form and
orally review the form together with the patient in order to
obtain the informed consent of the patient and the physician's,
or healthcare provider's, or laboratory's agreement to
participate in the pilot program. A copy of the informed
consent document, signed and dated by the client and by the
physician, healthcare provider, or laboratory representative
must be kept in each client's chart. The consent form shall
contain the following:
        (1) an explanation of the pilot program's purpose and
    protocol;
        (2) an explanation of the privacy provisions set forth
    in subsections (f) and (g) of this Section; and
        (3) signature lines for the physician, healthcare
    provider, or laboratory representative and for the patient
    to indicate in writing their agreement to participate in
    the pilot program.
    (e) The Department shall allow access of the registry to
neonatal diabetes mellitus research institutions participating
in the pilot program. The Department and the participating
neonatal diabetes mellitus research institution shall do the
following:
        (1) compile results submitted under subsection (c) of
    this Section in order to track:
            (A) the prevalence and incidence of monogenic
        neonatal diabetes mellitus among people tested in this
        State;
            (B) the level of control the patients in each
        demographic group exert over the monogenic neonatal
        diabetes mellitus;
            (C) the trends of new diagnoses of monogenic
        neonatal diabetes mellitus in this State; and
            (D) the health care costs associated with diabetes
        mellitus; and
        (2) promote discussion and public information programs
    regarding monogenic neonatal diabetes mellitus.
    (f) Reports, records, and information obtained under this
Section are confidential, privileged, not subject to
disclosure, and not subject to subpoena and may not otherwise
be released or made public except as provided by this Section.
The reports, records, and information obtained under this
Section are for the confidential use of the Department and the
participating neonatal diabetes mellitus research institutions
and the persons or public or private entities that the
Department determine are necessary to carry out the intent of
this Section. No duty to report under this Section exists if
the patient's legal representative refuses written informed
consent to report. Medical or epidemiological information may
be released as follows:
        (1) for statistical purposes in a manner that prevents
    identification of individuals, health care facilities,
    clinical laboratories, or health care practitioners;
        (2) with the consent of each person identified in the
    information; or
        (3) to promote diabetes mellitus research, including
    release of information to other diabetes registries and
    appropriate State and federal agencies, under rules
    adopted by the Department to ensure confidentiality as
    required by State and federal laws.
    (g) An employee of this State or a participating neonatal
diabetes mellitus research institution may not testify in a
civil, criminal, special, or other proceeding as to the
existence or contents of records, reports, or information
concerning an individual whose medical records have been used
in submitting data required under this Section unless the
individual consents in advance.
    (h) Not later than December 1, 2012, the Department shall
submit a report to the General Assembly regarding the pilot
program that includes the following:
        (1) an evaluation of the effectiveness of the pilot
    program; and
        (2) a recommendation to continue, expand, or eliminate
    the pilot program.
    (i) The Department shall adopt rules to implement the pilot
program, including rules to govern the format and method of
collecting glycosylated hemoglobin data, in accordance with
the Illinois Administrative Procedure Act.
    (j) This Section is repealed on December 31, 2012.
(Source: P.A. 96-395, eff. 8-13-09; revised 9-15-09.)
 
    Section 90. The Disabilities Services Act of 2003 is
amended by renumbering the heading of Article IV as follows:
 
    (20 ILCS 2407/Art. 4 heading)
ARTICLE 4 IV . RAPID REINTEGRATION PILOT PROGRAM
(Source: P.A. 96-810, eff. 10-30-09; revised 11-24-09.)
 
    Section 95. The Criminal Identification Act is amended by
changing Section 5 as follows:
 
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
    Sec. 5. Arrest reports. (a) All policing bodies of this
State shall furnish to the Department, daily, in the form and
detail the Department requires, fingerprints and descriptions
of all persons who are arrested on charges of violating any
penal statute of this State for offenses that are classified as
felonies and Class A or B misdemeanors and of all minors of the
age of 10 and over who have been arrested for an offense which
would be a felony if committed by an adult, and may forward
such fingerprints and descriptions for minors arrested for
Class A or B misdemeanors. Moving or nonmoving traffic
violations under the Illinois Vehicle Code shall not be
reported except for violations of Chapter 4, Section 11-204.1,
or Section 11-501 of that Code. In addition, conservation
offenses, as defined in the Supreme Court Rule 501(c), that are
classified as Class B misdemeanors shall not be reported. Those
law enforcement records maintained by the Department for minors
arrested for an offense prior to their 17th birthday, or minors
arrested for a non-felony offense, if committed by an adult,
prior to their 18th birthday, shall not be forwarded to the
Federal Bureau of Investigation unless those records relate to
an arrest in which a minor was charged as an adult under any of
the transfer provisions of the Juvenile Court Act of 1987.
(Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09;
96-409, eff. 1-1-10; 96-707, eff. 1-1-10; revised 10-6-09.)
 
    Section 100. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by setting
forth and renumbering multiple versions of Section 2705-590 as
follows:
 
    (20 ILCS 2705/2705-590)
    Sec. 2705-590. Roadbuilding criteria; life-cycle cost
analysis.
    (a) As used in this Section, "life-cycle cost" means the
total of the cost of the initial project plus all anticipated
future costs over the life of the pavement. Actual, relevant
data, and not assumptions or estimates, shall be used to the
extent such data has been collected.
    (b) The Department shall develop and implement a life-cycle
cost analysis for each State road project under its
jurisdiction for which the total pavement costs exceed $500,000
funded in whole, or in part, with State or State-appropriated
funds. The Department shall design and award these paving
projects utilizing material having the lowest life-cycle cost.
All pavement design life shall ensure that State and
State-appropriated funds are utilized as efficiently as
possible. When alternative material options are substantially
equivalent on a life-cycle cost basis, the Department may make
a decision based on other criteria. At the discretion of the
Department, interstate highways with high traffic volumes or
experimental projects may be exempt from this requirement.
    (c) Except as otherwise provided in this Section, a
life-cycle cost analysis shall compare equivalent designs
based upon this State's actual historic project schedules and
costs as recorded by the pavement management system, and may
include estimates of user costs throughout the entire pavement
life.
    (d) For pavement projects for which this State has no
actual historic project schedules and costs as recorded by the
pavement management system, the Department may use actual
historical and comparable data for equivalent designs from
states with similar climates, soil structures, or vehicle
traffic.
(Source: P.A. 96-715, eff. 8-25-09.)
 
    (20 ILCS 2705/2705-593)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 2705-593 2705-590. Office of Business and Workforce
Diversity.
    (a) The Office of Business and Workforce Diversity is
established within the Department.
    (b) The Office shall administer and be responsible for the
Department's efforts to achieve greater diversity in its
construction projects and in promoting equal opportunities
within the Department. The responsibilities of the Office shall
be administered between 2 distinct bureaus, designed to
establish policy, procedures, and monitoring efforts pursuant
to the governing regulations supporting minorities and those
supporting women in contracting and workforce activities.
    (c) Applicant firms must be found eligible to be certified
as a Disadvantaged Business Enterprise (DBE) program under the
federal regulations contained in 49 CFR part 26 and part 23.
Only those businesses that are involved in highway
construction-related services (non-vertical), consultant, and
supplier/equipment rental/trucking services may be considered
for participation in the Department's DBE program. Once
certified, the firm's name shall be listed in the Illinois
Unified Certification Program's (IL UCP) DBE Directory
(Directory). The IL UCP's 5 participating agencies shall
maintain the Directory to provide a reference source to assist
bidders and proposers in meeting DBE contract goals. The
Directory shall list the firms in alphabetical order and
provides the industry categories/list and the districts in
which the firms have indicated they are available.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); revised
12-2-09.)
 
    Section 105. The Capital Development Board Act is amended
by changing Section 10.04 as follows:
 
    (20 ILCS 3105/10.04)  (from Ch. 127, par. 780.04)
    Sec. 10.04. Construction and repair of buildings; green
building.
    (a) To construct and repair, or contract for and supervise
the construction and repair of, buildings under the control of
or for the use of any State agency, as authorized by the
General Assembly. To the maximum extent feasible, any
construction or repair work shall utilize the best available
technologies for minimizing building energy costs as
determined through consultation with the Department of
Commerce and Economic Opportunity.
    (b) (Repealed by Public Act 94-573). On and after the
effective date of this amendatory Act of the 94th General
Assembly, the Board shall initiate a series of training
workshops across the State to increase awareness and
understanding of green building techniques and green building
rating systems. The workshops shall be designed for relevant
State agency staff, construction industry personnel, and other
interested parties.
    The Board shall identify no less than 3 construction
projects to serve as case studies for achieving certification
using nationally recognized and accepted green building
guidelines, standards, or systems approved by the State.
Consideration shall be given for a variety of representative
building types in different geographic regions of the State to
provide additional information and data related to the green
building design and construction process. The Board shall
report its findings to the General Assembly following the
completion of the case study projects and in no case later than
December 31, 2008.
    The Board shall establish a Green Building Advisory
Committee to assist the Board in determining guidelines for
which State construction and major renovation projects should
be developed to green building standards. The guidelines should
take into account the size and type of buildings, financing
considerations, and other appropriate criteria. The guidelines
must take effect within 3 years after the effective date of
this amendatory Act of the 94th General Assembly and are
subject to Board approval or adoption. In addition to using a
green building rating system in the building design process,
the Committee shall consider the feasibility of requiring
certain State construction projects to be certified using a
green building rating system.
    This subsection (b) of this Section is repealed on January
1, 2009.
(Source: P.A. 94-573, eff. 1-1-06; revised 10-30-09.)
 
    Section 110. The Illinois Emergency Management Agency Act
is amended by changing Section 5 as follows:
 
    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
    Sec. 5. Illinois Emergency Management Agency.
    (a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and a
Director of the Illinois Emergency Management Agency, herein
called the "Director" who shall be the head thereof. The
Director shall be appointed by the Governor, with the advice
and consent of the Senate, and shall serve for a term of 2
years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director appointed
under this Act shall expire on the third Monday in January,
1989. The Director shall not hold any other remunerative public
office. The Director shall receive an annual salary as set by
the Compensation Review Board.
    (b) The Illinois Emergency Management Agency shall obtain,
under the provisions of the Personnel Code, technical,
clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency
created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of the effective date of this Act.
    (c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the program for emergency management
of this State. The Director shall also maintain liaison and
cooperate with the emergency management organizations of this
State and other states and of the federal government.
    (d) The Illinois Emergency Management Agency shall take an
integral part in the development and revision of political
subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the areas,
circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply.
    (e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency
management advisory committee composed of private and public
personnel representing the emergency management phases of
mitigation, preparedness, response, and recovery. The Local
Emergency Planning Committee, as created under the Illinois
Emergency Planning and Community Right to Know Act, shall serve
as an advisory committee to the emergency services and disaster
agency or agencies serving within the boundaries of that Local
Emergency Planning Committee planning district for:
        (1) the development of emergency operations plan
    provisions for hazardous chemical emergencies; and
        (2) the assessment of emergency response capabilities
    related to hazardous chemical emergencies.
    (f) The Illinois Emergency Management Agency shall:
        (1) Coordinate the overall emergency management
    program of the State.
        (2) Cooperate with local governments, the federal
    government and any public or private agency or entity in
    achieving any purpose of this Act and in implementing
    emergency management programs for mitigation,
    preparedness, response, and recovery.
        (2.5) Develop a comprehensive emergency preparedness
    and response plan for any nuclear accident in accordance
    with Section 65 of the Department of Nuclear Safety Law of
    2004 (20 ILCS 3310) and in development of the Illinois
    Nuclear Safety Preparedness program in accordance with
    Section 8 of the Illinois Nuclear Safety Preparedness Act.
        (2.6) Coordinate with the Department of Public Health
    with respect to planning for and responding to public
    health emergencies.
        (3) Prepare, for issuance by the Governor, executive
    orders, proclamations, and regulations as necessary or
    appropriate in coping with disasters.
        (4) Promulgate rules and requirements for political
    subdivision emergency operations plans that are not
    inconsistent with and are at least as stringent as
    applicable federal laws and regulations.
        (5) Review and approve, in accordance with Illinois
    Emergency Management Agency rules, emergency operations
    plans for those political subdivisions required to have an
    emergency services and disaster agency pursuant to this
    Act.
        (5.5) Promulgate rules and requirements for the
    political subdivision emergency management exercises,
    including, but not limited to, exercises of the emergency
    operations plans.
        (5.10) Review, evaluate, and approve, in accordance
    with Illinois Emergency Management Agency rules, political
    subdivision emergency management exercises for those
    political subdivisions required to have an emergency
    services and disaster agency pursuant to this Act.
        (6) Determine requirements of the State and its
    political subdivisions for food, clothing, and other
    necessities in event of a disaster.
        (7) Establish a register of persons with types of
    emergency management training and skills in mitigation,
    preparedness, response, and recovery.
        (8) Establish a register of government and private
    response resources available for use in a disaster.
        (9) Expand the Earthquake Awareness Program and its
    efforts to distribute earthquake preparedness materials to
    schools, political subdivisions, community groups, civic
    organizations, and the media. Emphasis will be placed on
    those areas of the State most at risk from an earthquake.
    Maintain the list of all school districts, hospitals,
    airports, power plants, including nuclear power plants,
    lakes, dams, emergency response facilities of all types,
    and all other major public or private structures which are
    at the greatest risk of damage from earthquakes under
    circumstances where the damage would cause subsequent harm
    to the surrounding communities and residents.
        (10) Disseminate all information, completely and
    without delay, on water levels for rivers and streams and
    any other data pertaining to potential flooding supplied by
    the Division of Water Resources within the Department of
    Natural Resources to all political subdivisions to the
    maximum extent possible.
        (11) Develop agreements, if feasible, with medical
    supply and equipment firms to supply resources as are
    necessary to respond to an earthquake or any other disaster
    as defined in this Act. These resources will be made
    available upon notifying the vendor of the disaster.
    Payment for the resources will be in accordance with
    Section 7 of this Act. The Illinois Department of Public
    Health shall determine which resources will be required and
    requested.
        (11.5) In coordination with the Department of State
    Police, develop and implement a community outreach program
    to promote awareness among the State's parents and children
    of child abduction prevention and response.
        (12) Out of funds appropriated for these purposes,
    award capital and non-capital grants to Illinois hospitals
    or health care facilities located outside of a city with a
    population in excess of 1,000,000 to be used for purposes
    that include, but are not limited to, preparing to respond
    to mass casualties and disasters, maintaining and
    improving patient safety and quality of care, and
    protecting the confidentiality of patient information. No
    single grant for a capital expenditure shall exceed
    $300,000. No single grant for a non-capital expenditure
    shall exceed $100,000. In awarding such grants, preference
    shall be given to hospitals that serve a significant number
    of Medicaid recipients, but do not qualify for
    disproportionate share hospital adjustment payments under
    the Illinois Public Aid Code. To receive such a grant, a
    hospital or health care facility must provide funding of at
    least 50% of the cost of the project for which the grant is
    being requested. In awarding such grants the Illinois
    Emergency Management Agency shall consider the
    recommendations of the Illinois Hospital Association.
        (13) Do all other things necessary, incidental or
    appropriate for the implementation of this Act.
    (g) The Illinois Emergency Management Agency is authorized
to make grants to various higher education institutions for
safety and security improvements. For the purpose of this
subsection (g), "higher education institution" means a public
university, a public community college, or an independent,
not-for-profit or for-profit higher education institution
located in this State. Grants made under this subsection (g)
shall be paid out of moneys appropriated for that purpose from
the Build Illinois Bond Fund. The Illinois Emergency Management
Agency shall adopt rules to implement this subsection (g).
These rules may specify: (i) the manner of applying for grants;
(ii) project eligibility requirements; (iii) restrictions on
the use of grant moneys; (iv) the manner in which the various
higher education institutions must account for the use of grant
moneys; and (v) any other provision that the Illinois Emergency
Management Agency determines to be necessary or useful for the
administration of this subsection (g).
(Source: P.A. 96-800, eff. 10-30-09; 96-820, eff. 11-18-09;
revised 12-1-09.)
 
    Section 115. The Illinois State Agency Historic Resources
Preservation Act is amended by changing Section 4 as follows:
 
    (20 ILCS 3420/4)  (from Ch. 127, par. 133c24)
    Sec. 4. State agency undertakings.
    (a) As early in the planning process as may be practicable
and prior to the approval of the final design or plan of any
undertaking by a State agency, or prior to the funding of any
undertaking by a State agency, or prior to an action of
approval or entitlement of any private undertaking by a State
agency, written notice of the project shall be given to the
Director either by the State agency or the recipients of its
funds, permits or licenses. The State agency shall consult with
the Director to determine the documentation requirements
necessary for identification and treatment of historic
resources. For the purposes of identification and evaluation of
historic resources, the Director may require archaeological
and historic investigations. Responsibility for notice and
documentation may be delegated by the State agency to a local
or private designee.
    (b) Within 30 days after receipt of complete and correct
documentation of a proposed undertaking, the Director shall
review and comment to the agency on the likelihood that the
undertaking will have an adverse effect on a historic resource.
In the case of a private undertaking, the Director shall, not
later than 30 days following the receipt of an application with
complete documentation of the undertaking, either approve that
application allowing the undertaking to proceed or tender to
the applicant a written statement setting forth the reasons for
the requirement of an archaeological investigation. If there is
no action within 30 days after the filing of the application
with the complete documentation of the undertaking, the
applicant may deem the application approved and may proceed
with the undertaking. Thereafter, all requirements for
archaeological investigations are waived under this Act.
    (c) If the Director finds that an undertaking will
adversely affect effect an historic resource or is inconsistent
with agency policies, the State agency shall consult with the
Director and shall discuss alternatives to the proposed
undertaking which could eliminate, minimize, or mitigate its
adverse effect. During the consultation process, the State
agency shall explore all feasible and prudent plans which
eliminate, minimize, or mitigate adverse effects on historic
resources. Grantees, permittees, licensees, or other parties
in interest and representatives of national, State, and local
units of government and public and private organizations may
participate in the consultation process. The process may
involve on-site inspections and public informational meetings
pursuant to regulations issued by the Historic Preservation
Agency.
    (d) The State agency and the Director may agree that there
is a feasible and prudent alternative which eliminates,
minimizes, or mitigates the adverse effect of the undertaking.
Upon such agreement, or if the State agency and the Director
agree that there are no feasible and prudent alternatives which
eliminate, minimize, or mitigate the adverse effect, the
Director shall prepare a Memorandum of Agreement describing the
alternatives or stating the finding. The State agency may
proceed with the undertaking once a Memorandum of Agreement has
been signed by both the State agency and the Director.
    (e) After the consultation process, the Director and the
State agency may fail to agree on the existence of a feasible
and prudent alternative which would eliminate, minimize, or
mitigate the adverse effect of the undertaking on the historic
resource. If no agreement is reached, the agency shall call a
public meeting in the county where the undertaking is proposed
within 60 days. If, within 14 days following conclusion of the
public meeting, the State agency and the Director fail to agree
on a feasible and prudent alternative, the proposed
undertaking, with supporting documentation, shall be submitted
to the Historic Preservation Mediation Committee. The document
shall be sufficient to identify each alternative considered by
the Agency and the Director during the consultation process and
the reason for its rejection.
    (f) The Mediation Committee shall consist of the Director
and 5 persons appointed by the Director for terms of 3 years
each, each of whom shall be no lower in rank than a division
chief and each of whom shall represent a different State
agency. An agency that is a party to mediation shall be
notified of all hearings and deliberations and shall have the
right to participate in deliberations as a non-voting member of
the Committee. Within 30 days after submission of the proposed
undertaking, the Committee shall meet with the Director and the
submitting agency to review each alternative considered by the
State agency and the Director and to evaluate the existence of
a feasible and prudent alternative. In the event that the
Director and the submitting agency continue to disagree, the
Committee shall provide a statement of findings or comments
setting forth an alternative to the proposed undertaking or
stating the finding that there is no feasible or prudent
alternative. The State agency shall consider the written
comments of the Committee and shall respond in writing to the
Committee before proceeding with the undertaking.
    (g) When an undertaking is being reviewed pursuant to
Section 106 of the National Historic Preservation Act of 1966,
the procedures of this law shall not apply and any review or
comment by the Director on such undertaking shall be within the
framework or procedures of the federal law. When an undertaking
involves a structure listed on the Illinois Register of
Historic Places, the rules and procedures of the Illinois
Historic Preservation Act shall apply. This subsection shall
not prevent the Illinois Historic Preservation Agency from
entering into an agreement with the Advisory Council on
Historic Preservation pursuant to Section 106 of the National
Historic Preservation Act to substitute this Act and its
procedures for procedures set forth in Council regulations
found in 36 C.F.R. Part 800.7. A State undertaking that is
necessary to prevent an immediate and imminent threat to life
or property shall be exempt from the requirements of this Act.
Where possible, the Director shall be consulted in the
determination of the exemption. In all cases, the agency shall
provide the Director with a statement of the reasons for the
exemption and shall have an opportunity to comment on the
exemption. The statement and the comments of the Director shall
be included in the annual report of the Historic Preservation
Agency as a guide to future actions. The provisions of this Act
do not apply to undertakings pursuant to the Illinois Oil and
Gas Act, the Surface-Mined Land Conservation and Reclamation
Act and the Surface Coal Mining Land Conservation and
Reclamation Act.
(Source: P.A. 86-707; 87-739; 87-847; 87-895; revised
10-30-09.)
 
    Section 120. The Illinois Housing Development Act is
amended by changing Section 7 as follows:
 
    (20 ILCS 3805/7)  (from Ch. 67 1/2, par. 307)
    Sec. 7. The Authority may exercise the powers set forth in
the following Sections preceding Section 8 7.1 through 7.26.
(Source: P.A. 87-250; revised 10-30-09.)
 
    Section 125. The Illinois Power Agency Act is amended by
changing Sections 1-10 and 1-20 and by setting forth and
renumbering multiple versions of Section 1-56 as follows:
 
    (20 ILCS 3855/1-10)
    Sec. 1-10. Definitions.
    "Agency" means the Illinois Power Agency.
    "Agency loan agreement" means any agreement pursuant to
which the Illinois Finance Authority agrees to loan the
proceeds of revenue bonds issued with respect to a project to
the Agency upon terms providing for loan repayment installments
at least sufficient to pay when due all principal of, interest
and premium, if any, on those revenue bonds, and providing for
maintenance, insurance, and other matters in respect of the
project.
    "Authority" means the Illinois Finance Authority.
    "Clean coal facility" means an electric generating
facility that uses primarily coal as a feedstock and that
captures and sequesters carbon emissions at the following
levels: at least 50% of the total carbon emissions that the
facility would otherwise emit if, at the time construction
commences, the facility is scheduled to commence operation
before 2016, at least 70% of the total carbon emissions that
the facility would otherwise emit if, at the time construction
commences, the facility is scheduled to commence operation
during 2016 or 2017, and at least 90% of the total carbon
emissions that the facility would otherwise emit if, at the
time construction commences, the facility is scheduled to
commence operation after 2017. The power block of the clean
coal facility shall not exceed allowable emission rates for
sulfur dioxide, nitrogen oxides, carbon monoxide, particulates
and mercury for a natural gas-fired combined-cycle facility the
same size as and in the same location as the clean coal
facility at the time the clean coal facility obtains an
approved air permit. All coal used by a clean coal facility
shall have high volatile bituminous rank and greater than 1.7
pounds of sulfur per million btu content, unless the clean coal
facility does not use gasification technology and was operating
as a conventional coal-fired electric generating facility on
June 1, 2009 (the effective date of Public Act 95-1027).
    "Clean coal SNG facility" means a facility that uses a
gasification process to produce substitute natural gas, that
sequesters at least 90% of the total carbon emissions that the
facility would otherwise emit and that uses petroleum coke or
coal as a feedstock, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million btu content.
    "Commission" means the Illinois Commerce Commission.
    "Costs incurred in connection with the development and
construction of a facility" means:
        (1) the cost of acquisition of all real property and
    improvements in connection therewith and equipment and
    other property, rights, and easements acquired that are
    deemed necessary for the operation and maintenance of the
    facility;
        (2) financing costs with respect to bonds, notes, and
    other evidences of indebtedness of the Agency;
        (3) all origination, commitment, utilization,
    facility, placement, underwriting, syndication, credit
    enhancement, and rating agency fees;
        (4) engineering, design, procurement, consulting,
    legal, accounting, title insurance, survey, appraisal,
    escrow, trustee, collateral agency, interest rate hedging,
    interest rate swap, capitalized interest and other
    financing costs, and other expenses for professional
    services; and
        (5) the costs of plans, specifications, site study and
    investigation, installation, surveys, other Agency costs
    and estimates of costs, and other expenses necessary or
    incidental to determining the feasibility of any project,
    together with such other expenses as may be necessary or
    incidental to the financing, insuring, acquisition, and
    construction of a specific project and placing that project
    in operation.
    "Department" means the Department of Commerce and Economic
Opportunity.
    "Director" means the Director of the Illinois Power Agency.
    "Demand-response" means measures that decrease peak
electricity demand or shift demand from peak to off-peak
periods.
    "Energy efficiency" means measures that reduce the amount
of electricity or natural gas required to achieve a given end
use.
    "Electric utility" has the same definition as found in
Section 16-102 of the Public Utilities Act.
    "Facility" means an electric generating unit or a
co-generating unit that produces electricity along with
related equipment necessary to connect the facility to an
electric transmission or distribution system.
    "Governmental aggregator" means one or more units of local
government that individually or collectively procure
electricity to serve residential retail electrical loads
located within its or their jurisdiction.
    "Local government" means a unit of local government as
defined in Article VII of Section 1 of the Illinois
Constitution.
    "Municipality" means a city, village, or incorporated
town.
    "Person" means any natural person, firm, partnership,
corporation, either domestic or foreign, company, association,
limited liability company, joint stock company, or association
and includes any trustee, receiver, assignee, or personal
representative thereof.
    "Project" means the planning, bidding, and construction of
a facility.
    "Public utility" has the same definition as found in
Section 3-105 of the Public Utilities Act.
    "Real property" means any interest in land together with
all structures, fixtures, and improvements thereon, including
lands under water and riparian rights, any easements,
covenants, licenses, leases, rights-of-way, uses, and other
interests, together with any liens, judgments, mortgages, or
other claims or security interests related to real property.
    "Renewable energy credit" means a tradable credit that
represents the environmental attributes of a certain amount of
energy produced from a renewable energy resource.
    "Renewable energy resources" includes energy and its
associated renewable energy credit or renewable energy credits
from wind, solar thermal energy, photovoltaic cells and panels,
biodiesel, crops and untreated and unadulterated organic waste
biomass, tree waste, hydropower that does not involve new
construction or significant expansion of hydropower dams, and
other alternative sources of environmentally preferable
energy. For purposes of this Act, landfill gas produced in the
State is considered a renewable energy resource. "Renewable
energy resources" does not include the incineration or burning
of tires, garbage, general household, institutional, and
commercial waste, industrial lunchroom or office waste,
landscape waste other than tree waste, railroad crossties,
utility poles, or construction or demolition debris, other than
untreated and unadulterated waste wood.
    "Revenue bond" means any bond, note, or other evidence of
indebtedness issued by the Authority, the principal and
interest of which is payable solely from revenues or income
derived from any project or activity of the Agency.
    "Sequester" means permanent storage of carbon dioxide by
injecting it into a saline aquifer, a depleted gas reservoir,
or an oil reservoir, directly or through an enhanced oil
recovery process that may involve intermediate storage in a
salt dome.
    "Servicing agreement" means (i) in the case of an electric
utility, an agreement between the owner of a clean coal
facility and such electric utility, which agreement shall have
terms and conditions meeting the requirements of paragraph (3)
of subsection (d) of Section 1-75, and (ii) in the case of an
alternative retail electric supplier, an agreement between the
owner of a clean coal facility and such alternative retail
electric supplier, which agreement shall have terms and
conditions meeting the requirements of Section 16-115(d)(5) of
the Public Utilities Act.
    "Substitute natural gas" or "SNG" means a gas manufactured
by gasification of hydrocarbon feedstock, which is
substantially interchangeable in use and distribution with
conventional natural gas.
    "Total resource cost test" or "TRC test" means a standard
that is met if, for an investment in energy efficiency or
demand-response measures, the benefit-cost ratio is greater
than one. The benefit-cost ratio is the ratio of the net
present value of the total benefits of the program to the net
present value of the total costs as calculated over the
lifetime of the measures. A total resource cost test compares
the sum of avoided electric utility costs, representing the
benefits that accrue to the system and the participant in the
delivery of those efficiency measures, as well as other
quantifiable societal benefits, including avoided natural gas
utility costs, to the sum of all incremental costs of end-use
measures that are implemented due to the program (including
both utility and participant contributions), plus costs to
administer, deliver, and evaluate each demand-side program, to
quantify the net savings obtained by substituting the
demand-side program for supply resources. In calculating
avoided costs of power and energy that an electric utility
would otherwise have had to acquire, reasonable estimates shall
be included of financial costs likely to be imposed by future
regulations and legislation on emissions of greenhouse gases.
(Source: P.A. 95-481, eff. 8-28-07; 95-913, eff. 1-1-09;
95-1027, eff. 6-1-09; 96-33, eff. 7-10-09; 96-159, eff.
8-10-09; 96-784, eff. 8-28-09; revised 9-15-09.)
 
    (20 ILCS 3855/1-20)
    Sec. 1-20. General powers of the Agency.
    (a) The Agency is authorized to do each of the following:
        (1) Develop electricity procurement plans to ensure
    adequate, reliable, affordable, efficient, and
    environmentally sustainable electric service at the lowest
    total cost over time, taking into account any benefits of
    price stability, for electric utilities that on December
    31, 2005 provided electric service to at least 100,000
    customers in Illinois. The procurement plans shall be
    updated on an annual basis and shall include electricity
    generated from renewable resources sufficient to achieve
    the standards specified in this Act.
        (2) Conduct competitive procurement processes to
    procure the supply resources identified in the procurement
    plan, pursuant to Section 16-111.5 of the Public Utilities
    Act.
        (3) Develop electric generation and co-generation
    facilities that use indigenous coal or renewable
    resources, or both, financed with bonds issued by the
    Illinois Finance Authority.
        (4) Supply electricity from the Agency's facilities at
    cost to one or more of the following: municipal electric
    systems, governmental aggregators, or rural electric
    cooperatives in Illinois.
    (b) Except as otherwise limited by this Act, the Agency has
all of the powers necessary or convenient to carry out the
purposes and provisions of this Act, including without
limitation, each of the following:
        (1) To have a corporate seal, and to alter that seal at
    pleasure, and to use it by causing it or a facsimile to be
    affixed or impressed or reproduced in any other manner.
        (2) To use the services of the Illinois Finance
    Authority necessary to carry out the Agency's purposes.
        (3) To negotiate and enter into loan agreements and
    other agreements with the Illinois Finance Authority.
        (4) To obtain and employ personnel and hire consultants
    that are necessary to fulfill the Agency's purposes, and to
    make expenditures for that purpose within the
    appropriations for that purpose.
        (5) To purchase, receive, take by grant, gift, devise,
    bequest, or otherwise, lease, or otherwise acquire, own,
    hold, improve, employ, use, and otherwise deal in and with,
    real or personal property whether tangible or intangible,
    or any interest therein, within the State.
        (6) To acquire real or personal property, whether
    tangible or intangible, including without limitation
    property rights, interests in property, franchises,
    obligations, contracts, and debt and equity securities,
    and to do so by the exercise of the power of eminent domain
    in accordance with Section 1-21; except that any real
    property acquired by the exercise of the power of eminent
    domain must be located within the State.
        (7) To sell, convey, lease, exchange, transfer,
    abandon, or otherwise dispose of, or mortgage, pledge, or
    create a security interest in, any of its assets,
    properties, or any interest therein, wherever situated.
        (8) To purchase, take, receive, subscribe for, or
    otherwise acquire, hold, make a tender offer for, vote,
    employ, sell, lend, lease, exchange, transfer, or
    otherwise dispose of, mortgage, pledge, or grant a security
    interest in, use, and otherwise deal in and with, bonds and
    other obligations, shares, or other securities (or
    interests therein) issued by others, whether engaged in a
    similar or different business or activity.
        (9) To make and execute agreements, contracts, and
    other instruments necessary or convenient in the exercise
    of the powers and functions of the Agency under this Act,
    including contracts with any person, local government,
    State agency, or other entity; and all State agencies and
    all local governments are authorized to enter into and do
    all things necessary to perform any such agreement,
    contract, or other instrument with the Agency. No such
    agreement, contract, or other instrument shall exceed 40
    years.
        (10) To lend money, invest and reinvest its funds in
    accordance with the Public Funds Investment Act, and take
    and hold real and personal property as security for the
    payment of funds loaned or invested.
        (11) To borrow money at such rate or rates of interest
    as the Agency may determine, issue its notes, bonds, or
    other obligations to evidence that indebtedness, and
    secure any of its obligations by mortgage or pledge of its
    real or personal property, machinery, equipment,
    structures, fixtures, inventories, revenues, grants, and
    other funds as provided or any interest therein, wherever
    situated.
        (12) To enter into agreements with the Illinois Finance
    Authority to issue bonds whether or not the income
    therefrom is exempt from federal taxation.
        (13) To procure insurance against any loss in
    connection with its properties or operations in such amount
    or amounts and from such insurers, including the federal
    government, as it may deem necessary or desirable, and to
    pay any premiums therefor.
        (14) To negotiate and enter into agreements with
    trustees or receivers appointed by United States
    bankruptcy courts or federal district courts or in other
    proceedings involving adjustment of debts and authorize
    proceedings involving adjustment of debts and authorize
    legal counsel for the Agency to appear in any such
    proceedings.
        (15) To file a petition under Chapter 9 of Title 11 of
    the United States Bankruptcy Code or take other similar
    action for the adjustment of its debts.
        (16) To enter into management agreements for the
    operation of any of the property or facilities owned by the
    Agency.
        (17) To enter into an agreement to transfer and to
    transfer any land, facilities, fixtures, or equipment of
    the Agency to one or more municipal electric systems,
    governmental aggregators, or rural electric agencies or
    cooperatives, for such consideration and upon such terms as
    the Agency may determine to be in the best interest of the
    citizens of Illinois.
        (18) To enter upon any lands and within any building
    whenever in its judgment it may be necessary for the
    purpose of making surveys and examinations to accomplish
    any purpose authorized by this Act.
        (19) To maintain an office or offices at such place or
    places in the State as it may determine.
        (20) To request information, and to make any inquiry,
    investigation, survey, or study that the Agency may deem
    necessary to enable it effectively to carry out the
    provisions of this Act.
        (21) To accept and expend appropriations.
        (22) To engage in any activity or operation that is
    incidental to and in furtherance of efficient operation to
    accomplish the Agency's purposes.
        (23) To adopt, revise, amend, and repeal rules with
    respect to its operations, properties, and facilities as
    may be necessary or convenient to carry out the purposes of
    this Act, subject to the provisions of the Illinois
    Administrative Procedure Act and Sections 1-22 and 1-35 of
    this Act.
        (24) To establish and collect charges and fees as
    described in this Act.
        (25) To manage procurement of substitute natural gas
    from a facility that meets the criteria specified in
    subsection (a) of Section 1-58 1-56 of this Act, on terms
    and conditions that may be approved by the Agency pursuant
    to subsection (d) of Section 1-58 1-56 of this Act, to
    support the operations of State agencies and local
    governments that agree to such terms and conditions. This
    procurement process is not subject to the Procurement Code.
(Source: P.A. 95-481, eff. 8-28-07; 96-784, eff. 8-28-09;
revised 10-13-09.)
 
    (20 ILCS 3855/1-56)
    Sec. 1-56. Illinois Power Agency Renewable Energy
Resources Fund.
    (a) The Illinois Power Agency Renewable Energy Resources
Fund is created as a special fund in the State treasury.
    (b) The Illinois Power Agency Renewable Energy Resources
Fund shall be administered by the Agency to procure renewable
energy resources. Prior to June 1, 2011, resources procured
pursuant to this Section shall be procured from facilities
located in Illinois, provided the resources are available from
those facilities. If resources are not available in Illinois,
then they shall be procured in states that adjoin Illinois. If
resources are not available in Illinois or in states that
adjoin Illinois, then they may be purchased elsewhere.
Beginning June 1, 2011, resources procured pursuant to this
Section shall be procured from facilities located in Illinois
or states that adjoin Illinois. If resources are not available
in Illinois or in states that adjoin Illinois, then they may be
procured elsewhere. To the extent available, at least 75% of
these renewable energy resources shall come from wind
generation and, starting June 1, 2015, at least 6% of the
renewable energy resources used to meet these standards shall
come from solar photovoltaics.
    (c) The Agency shall procure renewable energy resources at
least once each year in conjunction with a procurement event
for electric utilities required to comply with Section 1-75 of
the Act and shall, whenever possible, enter into long-term
contracts.
    (d) The price paid to procure renewable energy credits
using monies from the Illinois Power Agency Renewable Energy
Resources Fund shall not exceed the winning bid prices paid for
like resources procured for electric utilities required to
comply with Section 1-75 of this Act.
    (e) All renewable energy credits procured using monies from
the Illinois Power Agency Renewable Energy Resources Fund shall
be permanently retired.
    (f) The procurement process described in this Section is
exempt from the requirements of the Illinois Procurement Code,
pursuant to Section 20-10 of that Code.
    (g) All disbursements from the Illinois Power Agency
Renewable Energy Resources Fund shall be made only upon
warrants of the Comptroller drawn upon the Treasurer as
custodian of the Fund upon vouchers signed by the Director or
by the person or persons designated by the Director for that
purpose. The Comptroller is authorized to draw the warrant upon
vouchers so signed. The Treasurer shall accept all warrants so
signed and shall be released from liability for all payments
made on those warrants.
    (h) The Illinois Power Agency Renewable Energy Resources
Fund shall not be subject to sweeps, administrative charges, or
chargebacks, including, but not limited to, those authorized
under Section 8h of the State Finance Act, that would in any
way result in the transfer of any funds from this Fund to any
other fund of this State or in having any such funds utilized
for any purpose other than the express purposes set forth in
this Section.
(Source: P.A. 96-159, eff. 8-10-09.)
 
    (20 ILCS 3855/1-58)
    Sec. 1-58 1-56. Clean coal SNG facility construction.
    (a) It is the intention of the General Assembly to provide
additional long-term natural gas price stability to the State
and consumers by promoting the development of a clean coal SNG
facility that would produce a minimum annual output of 30 Bcf
of SNG and commence construction no later than June 1, 2013 on
a brownfield site in a municipality with at least one million
residents. The costs associated with preparing a facility cost
report for such a facility, which contains all of the
information required by subsection (b) of this Section, may be
paid or reimbursed pursuant to subsection (c) of this Section.
    (b) The facility cost report for a facility that meets the
criteria set forth in subsection (a) of this Section shall be
prepared by a duly licensed engineering firm that details the
estimated capital costs payable to one or more contractors or
suppliers for the engineering, procurement, and construction
of the components comprising the facility and the estimated
costs of operation and maintenance of the facility. The report
must be provided to the General Assembly and the Agency on or
before April 30, 2010. The facility cost report shall include
all off the following:
        (1) An estimate of the capital cost of the core plant
    based on a front-end engineering and design study. The core
    plant shall include all civil, structural, mechanical,
    electrical, control, and safety systems. The quoted
    construction costs shall be expressed in nominal dollars as
    of the date that the quote is prepared and shall include:
            (A) capitalized financing costs during
        construction;
            (B) taxes, insurance, and other owner's costs; and
            (C) any assumed escalation in materials and labor
        beyond the date as of which the construction cost quote
        is expressed;
        (2) An estimate of the capital cost of the balance of
    the plant, including any capital costs associated with site
    preparation and remediation, sequestration of carbon
    dioxide emissions, and all interconnects and interfaces
    required to operate the facility, such as construction or
    backfeed power supply, pipelines to transport substitute
    natural gas or carbon dioxide, potable water supply,
    natural gas supply, water supply, water discharge,
    landfill, access roads, and coal delivery. The front-end
    engineering and design study and the cost study for the
    balance of the plant shall include sufficient design work
    to permit quantification of major categories of materials,
    commodities and labor hours, and receipt of quotes from
    vendors of major equipment required to construct and
    operate the facility.
        (3) An operating and maintenance cost quote that will
    provide the estimated cost of delivered fuel, personnel,
    maintenance contracts, chemicals, catalysts, consumables,
    spares, and other fixed and variable operating and
    maintenance costs. This quote is subject to the following
    requirements:
            (A) The delivered fuel cost estimate shall be
        provided by a recognized third party expert or experts
        in the fuel and transportation industries.
            (B) The balance of the operating and maintenance
        cost quote, excluding delivered fuel costs shall be
        developed based on the inputs provided by a duly
        licensed engineering firm performing the construction
        cost quote, potential vendors under long-term service
        agreements and plant operating agreements, or
        recognized third-party plant operator or operators.
        The operating and maintenance cost quote shall be
    expressed in nominal dollars as of the date that the quote
    is prepared and shall include (i) taxes, insurance, and
    other owner's costs and (ii) any assumed escalation in
    materials and labor beyond the date as of which the
    operating and maintenance cost quote is expressed.
    (c) Reasonable amounts paid or due to be paid by the owner
or owners of the clean coal SNG facility to third parties
unrelated to the owner or owners to prepare the facility cost
report will be reimbursed or paid up to $10 million through
Coal Development Bonds.
    (d) The Agency shall review the facility report and based
on that report, consider whether to enter into long term
contracts to purchase SNG from the facility pursuant to Section
1-20 of this Act. To assist with its evaluation of the report,
the Agency may hire one or more experts or consultants, the
reasonable costs of which, not to exceed $250,000, shall be
paid for by the owner or owners of the clean coal SNG facility
submitting the facility cost report. The Agency may begin the
process of selecting such experts or consultants prior to
receipt of the facility cost report.
(Source: P.A. 96-781, eff. 8-28-09; 96-784, eff. 8-28-09;
revised 10-13-09.)
 
    Section 130. The Illinois Health Facilities Planning Act is
amended by changing Sections 3 and 12 as follows:
 
    (20 ILCS 3960/3)  (from Ch. 111 1/2, par. 1153)
    (Text of Section before amendment by P.A. 96-339)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 3. Definitions. As used in this Act:
    "Health care facilities" means and includes the following
facilities and organizations:
        1. An ambulatory surgical treatment center required to
    be licensed pursuant to the Ambulatory Surgical Treatment
    Center Act;
        2. An institution, place, building, or agency required
    to be licensed pursuant to the Hospital Licensing Act;
        3. Skilled and intermediate long term care facilities
    licensed under the Nursing Home Care Act;
        4. Hospitals, nursing homes, ambulatory surgical
    treatment centers, or kidney disease treatment centers
    maintained by the State or any department or agency
    thereof;
        5. Kidney disease treatment centers, including a
    free-standing hemodialysis unit required to be licensed
    under the End Stage Renal Disease Facility Act;
        6. An institution, place, building, or room used for
    the performance of outpatient surgical procedures that is
    leased, owned, or operated by or on behalf of an
    out-of-state facility;
        7. An institution, place, building, or room used for
    provision of a health care category of service as defined
    by the Board, including, but not limited to, cardiac
    catheterization and open heart surgery; and
        8. An institution, place, building, or room used for
    provision of major medical equipment used in the direct
    clinical diagnosis or treatment of patients, and whose
    project cost is in excess of the capital expenditure
    minimum.
    This Act shall not apply to the construction of any new
facility or the renovation of any existing facility located on
any campus facility as defined in Section 5-5.8b of the
Illinois Public Aid Code, provided that the campus facility
encompasses 30 or more contiguous acres and that the new or
renovated facility is intended for use by a licensed
residential facility.
    No federally owned facility shall be subject to the
provisions of this Act, nor facilities used solely for healing
by prayer or spiritual means.
    No facility licensed under the Supportive Residences
Licensing Act or the Assisted Living and Shared Housing Act
shall be subject to the provisions of this Act.
    No facility established and operating under the
Alternative Health Care Delivery Act as a children's respite
care center alternative health care model demonstration
program or as an Alzheimer's Disease Management Center
alternative health care model demonstration program shall be
subject to the provisions of this Act.
    A facility designated as a supportive living facility that
is in good standing with the program established under Section
5-5.01a of the Illinois Public Aid Code shall not be subject to
the provisions of this Act.
    This Act does not apply to facilities granted waivers under
Section 3-102.2 of the Nursing Home Care Act. However, if a
demonstration project under that Act applies for a certificate
of need to convert to a nursing facility, it shall meet the
licensure and certificate of need requirements in effect as of
the date of application.
    This Act does not apply to a dialysis facility that
provides only dialysis training, support, and related services
to individuals with end stage renal disease who have elected to
receive home dialysis. This Act does not apply to a dialysis
unit located in a licensed nursing home that offers or provides
dialysis-related services to residents with end stage renal
disease who have elected to receive home dialysis within the
nursing home. The Board, however, may require these dialysis
facilities and licensed nursing homes to report statistical
information on a quarterly basis to the Board to be used by the
Board to conduct analyses on the need for proposed kidney
disease treatment centers.
    This Act shall not apply to the closure of an entity or a
portion of an entity licensed under the Nursing Home Care Act,
with the exceptions of facilities operated by a county or
Illinois Veterans Homes, that elects to convert, in whole or in
part, to an assisted living or shared housing establishment
licensed under the Assisted Living and Shared Housing Act.
    This Act does not apply to any change of ownership of a
healthcare facility that is licensed under the Nursing Home
Care Act, with the exceptions of facilities operated by a
county or Illinois Veterans Homes. Changes of ownership of
facilities licensed under the Nursing Home Care Act must meet
the requirements set forth in Sections 3-101 through 3-119 of
the Nursing Home Care Act.
    With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity or
within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion of
a health care facility under contract with such health care
facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care facility
of such contracted portion which is subject to facility
licensing requirements, irrespective of the party responsible
for such action or attendant financial obligation.
    "Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
    "Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official capacity
within the last 12 months has involved the providing,
administering or financing of any type of health care facility,
(b) who is engaged in health research or the teaching of
health, (c) who has a material financial interest in any
activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or
ever has been a member of the immediate family of the person
defined by (a), (b), or (c).
    "State Board" or "Board" means the Health Facilities and
Services Review Board.
    "Construction or modification" means the establishment,
erection, building, alteration, reconstruction, modernization,
improvement, extension, discontinuation, change of ownership,
of or by a health care facility, or the purchase or acquisition
by or through a health care facility of equipment or service
for diagnostic or therapeutic purposes or for facility
administration or operation, or any capital expenditure made by
or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any capital expenditure
made by or on behalf of a health care facility for (i) the
construction or modification of a facility licensed under the
Assisted Living and Shared Housing Act or (ii) a conversion
project undertaken in accordance with Section 30 of the Older
Adult Services Act shall be excluded from any obligations under
this Act.
    "Establish" means the construction of a health care
facility or the replacement of an existing facility on another
site or the initiation of a category of service as defined by
the Board.
    "Major medical equipment" means medical equipment which is
used for the provision of medical and other health services and
which costs in excess of the capital expenditure minimum,
except that such term does not include medical equipment
acquired by or on behalf of a clinical laboratory to provide
clinical laboratory services if the clinical laboratory is
independent of a physician's office and a hospital and it has
been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section
1861(s) of such Act. In determining whether medical equipment
has a value in excess of the capital expenditure minimum, the
value of studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition of such equipment shall be included.
    "Capital Expenditure" means an expenditure: (A) made by or
on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an expense
of operation and maintenance, or is made to obtain by lease or
comparable arrangement any facility or part thereof or any
equipment for a facility or part; and which exceeds the capital
expenditure minimum.
    For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and
other activities essential to the acquisition, improvement,
expansion, or replacement of any plant or equipment with
respect to which an expenditure is made shall be included in
determining if such expenditure exceeds the capital
expenditures minimum. Unless otherwise interdependent, or
submitted as one project by the applicant, components of
construction or modification undertaken by means of a single
construction contract or financed through the issuance of a
single debt instrument shall not be grouped together as one
project. Donations of equipment or facilities to a health care
facility which if acquired directly by such facility would be
subject to review under this Act shall be considered capital
expenditures, and a transfer of equipment or facilities for
less than fair market value shall be considered a capital
expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject
to review.
    "Capital expenditure minimum" means $11,500,000 for
projects by hospital applicants, $6,500,000 for applicants for
projects related to skilled and intermediate care long-term
care facilities licensed under the Nursing Home Care Act, and
$3,000,000 for projects by all other applicants, which shall be
annually adjusted to reflect the increase in construction costs
due to inflation, for major medical equipment and for all other
capital expenditures.
    "Non-clinical service area" means an area (i) for the
benefit of the patients, visitors, staff, or employees of a
health care facility and (ii) not directly related to the
diagnosis, treatment, or rehabilitation of persons receiving
services from the health care facility. "Non-clinical service
areas" include, but are not limited to, chapels; gift shops;
news stands; computer systems; tunnels, walkways, and
elevators; telephone systems; projects to comply with life
safety codes; educational facilities; student housing;
patient, employee, staff, and visitor dining areas;
administration and volunteer offices; modernization of
structural components (such as roof replacement and masonry
work); boiler repair or replacement; vehicle maintenance and
storage facilities; parking facilities; mechanical systems for
heating, ventilation, and air conditioning; loading docks; and
repair or replacement of carpeting, tile, wall coverings,
window coverings or treatments, or furniture. Solely for the
purpose of this definition, "non-clinical service area" does
not include health and fitness centers.
    "Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and the
word "area" may be used synonymously with the term "areawide".
    "Local" means a subarea of a delineated major area that on
a geographic, demographic, and functional basis may be
considered to be part of such major area. The term "subregion"
may be used synonymously with the term "local".
    "Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
    "Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
    "Director" means the Director of the Illinois Department of
Public Health.
    "Agency" means the Illinois Department of Public Health.
    "Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
    "Out-of-state facility" means a person that is both (i)
licensed as a hospital or as an ambulatory surgery center under
the laws of another state or that qualifies as a hospital or an
ambulatory surgery center under regulations adopted pursuant
to the Social Security Act and (ii) not licensed under the
Ambulatory Surgical Treatment Center Act, the Hospital
Licensing Act, or the Nursing Home Care Act. Affiliates of
out-of-state facilities shall be considered out-of-state
facilities. Affiliates of Illinois licensed health care
facilities 100% owned by an Illinois licensed health care
facility, its parent, or Illinois physicians licensed to
practice medicine in all its branches shall not be considered
out-of-state facilities. Nothing in this definition shall be
construed to include an office or any part of an office of a
physician licensed to practice medicine in all its branches in
Illinois that is not required to be licensed under the
Ambulatory Surgical Treatment Center Act.
    "Change of ownership of a health care facility" means a
change in the person who has ownership or control of a health
care facility's physical plant and capital assets. A change in
ownership is indicated by the following transactions: sale,
transfer, acquisition, lease, change of sponsorship, or other
means of transferring control.
    "Related person" means any person that: (i) is at least 50%
owned, directly or indirectly, by either the health care
facility or a person owning, directly or indirectly, at least
50% of the health care facility; or (ii) owns, directly or
indirectly, at least 50% of the health care facility.
    "Charity care" means care provided by a health care
facility for which the provider does not expect to receive
payment from the patient or a third-party payer.
    "Freestanding emergency center" means a facility subject
to licensure under Section 32.5 of the Emergency Medical
Services (EMS) Systems Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-543, eff. 8-28-07;
95-584, eff. 8-31-07; 95-727, eff. 6-30-08; 95-876, eff.
8-21-08; 96-31, eff. 6-30-09.)
 
    (Text of Section after amendment by P.A. 96-339)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 3. Definitions. As used in this Act:
    "Health care facilities" means and includes the following
facilities and organizations:
        1. An ambulatory surgical treatment center required to
    be licensed pursuant to the Ambulatory Surgical Treatment
    Center Act;
        2. An institution, place, building, or agency required
    to be licensed pursuant to the Hospital Licensing Act;
        3. Skilled and intermediate long term care facilities
    licensed under the Nursing Home Care Act;
        3.5. Skilled and intermediate care facilities licensed
    under the MR/DD Community Care Act;
        4. Hospitals, nursing homes, ambulatory surgical
    treatment centers, or kidney disease treatment centers
    maintained by the State or any department or agency
    thereof;
        5. Kidney disease treatment centers, including a
    free-standing hemodialysis unit required to be licensed
    under the End Stage Renal Disease Facility Act;
        6. An institution, place, building, or room used for
    the performance of outpatient surgical procedures that is
    leased, owned, or operated by or on behalf of an
    out-of-state facility;
        7. An institution, place, building, or room used for
    provision of a health care category of service as defined
    by the Board, including, but not limited to, cardiac
    catheterization and open heart surgery; and
        8. An institution, place, building, or room used for
    provision of major medical equipment used in the direct
    clinical diagnosis or treatment of patients, and whose
    project cost is in excess of the capital expenditure
    minimum.
    This Act shall not apply to the construction of any new
facility or the renovation of any existing facility located on
any campus facility as defined in Section 5-5.8b of the
Illinois Public Aid Code, provided that the campus facility
encompasses 30 or more contiguous acres and that the new or
renovated facility is intended for use by a licensed
residential facility.
    No federally owned facility shall be subject to the
provisions of this Act, nor facilities used solely for healing
by prayer or spiritual means.
    No facility licensed under the Supportive Residences
Licensing Act or the Assisted Living and Shared Housing Act
shall be subject to the provisions of this Act.
    No facility established and operating under the
Alternative Health Care Delivery Act as a children's respite
care center alternative health care model demonstration
program or as an Alzheimer's Disease Management Center
alternative health care model demonstration program shall be
subject to the provisions of this Act.
    A facility designated as a supportive living facility that
is in good standing with the program established under Section
5-5.01a of the Illinois Public Aid Code shall not be subject to
the provisions of this Act.
    This Act does not apply to facilities granted waivers under
Section 3-102.2 of the Nursing Home Care Act. However, if a
demonstration project under that Act applies for a certificate
of need to convert to a nursing facility, it shall meet the
licensure and certificate of need requirements in effect as of
the date of application.
    This Act does not apply to a dialysis facility that
provides only dialysis training, support, and related services
to individuals with end stage renal disease who have elected to
receive home dialysis. This Act does not apply to a dialysis
unit located in a licensed nursing home that offers or provides
dialysis-related services to residents with end stage renal
disease who have elected to receive home dialysis within the
nursing home. The Board, however, may require these dialysis
facilities and licensed nursing homes to report statistical
information on a quarterly basis to the Board to be used by the
Board to conduct analyses on the need for proposed kidney
disease treatment centers.
    This Act shall not apply to the closure of an entity or a
portion of an entity licensed under the Nursing Home Care Act
or the MR/DD Community Care Act, with the exceptions of
facilities operated by a county or Illinois Veterans Homes,
that elects to convert, in whole or in part, to an assisted
living or shared housing establishment licensed under the
Assisted Living and Shared Housing Act.
    This Act does not apply to any change of ownership of a
healthcare facility that is licensed under the Nursing Home
Care Act or the MR/DD Community Care Act, with the exceptions
of facilities operated by a county or Illinois Veterans Homes.
Changes of ownership of facilities licensed under the Nursing
Home Care Act must meet the requirements set forth in Sections
3-101 through 3-119 of the Nursing Home Care Act.
    With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity or
within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion of
a health care facility under contract with such health care
facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care facility
of such contracted portion which is subject to facility
licensing requirements, irrespective of the party responsible
for such action or attendant financial obligation.
    "Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
    "Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official capacity
within the last 12 months has involved the providing,
administering or financing of any type of health care facility,
(b) who is engaged in health research or the teaching of
health, (c) who has a material financial interest in any
activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or
ever has been a member of the immediate family of the person
defined by (a), (b), or (c).
    "State Board" or "Board" means the Health Facilities and
Services Review Board.
    "Construction or modification" means the establishment,
erection, building, alteration, reconstruction, modernization,
improvement, extension, discontinuation, change of ownership,
of or by a health care facility, or the purchase or acquisition
by or through a health care facility of equipment or service
for diagnostic or therapeutic purposes or for facility
administration or operation, or any capital expenditure made by
or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any capital expenditure
made by or on behalf of a health care facility for (i) the
construction or modification of a facility licensed under the
Assisted Living and Shared Housing Act or (ii) a conversion
project undertaken in accordance with Section 30 of the Older
Adult Services Act shall be excluded from any obligations under
this Act.
    "Establish" means the construction of a health care
facility or the replacement of an existing facility on another
site or the initiation of a category of service as defined by
the Board.
    "Major medical equipment" means medical equipment which is
used for the provision of medical and other health services and
which costs in excess of the capital expenditure minimum,
except that such term does not include medical equipment
acquired by or on behalf of a clinical laboratory to provide
clinical laboratory services if the clinical laboratory is
independent of a physician's office and a hospital and it has
been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section
1861(s) of such Act. In determining whether medical equipment
has a value in excess of the capital expenditure minimum, the
value of studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition of such equipment shall be included.
    "Capital Expenditure" means an expenditure: (A) made by or
on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an expense
of operation and maintenance, or is made to obtain by lease or
comparable arrangement any facility or part thereof or any
equipment for a facility or part; and which exceeds the capital
expenditure minimum.
    For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and
other activities essential to the acquisition, improvement,
expansion, or replacement of any plant or equipment with
respect to which an expenditure is made shall be included in
determining if such expenditure exceeds the capital
expenditures minimum. Unless otherwise interdependent, or
submitted as one project by the applicant, components of
construction or modification undertaken by means of a single
construction contract or financed through the issuance of a
single debt instrument shall not be grouped together as one
project. Donations of equipment or facilities to a health care
facility which if acquired directly by such facility would be
subject to review under this Act shall be considered capital
expenditures, and a transfer of equipment or facilities for
less than fair market value shall be considered a capital
expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject
to review.
    "Capital expenditure minimum" means $11,500,000 for
projects by hospital applicants, $6,500,000 for applicants for
projects related to skilled and intermediate care long-term
care facilities licensed under the Nursing Home Care Act, and
$3,000,000 for projects by all other applicants, which shall be
annually adjusted to reflect the increase in construction costs
due to inflation, for major medical equipment and for all other
capital expenditures.
    "Non-clinical service area" means an area (i) for the
benefit of the patients, visitors, staff, or employees of a
health care facility and (ii) not directly related to the
diagnosis, treatment, or rehabilitation of persons receiving
services from the health care facility. "Non-clinical service
areas" include, but are not limited to, chapels; gift shops;
news stands; computer systems; tunnels, walkways, and
elevators; telephone systems; projects to comply with life
safety codes; educational facilities; student housing;
patient, employee, staff, and visitor dining areas;
administration and volunteer offices; modernization of
structural components (such as roof replacement and masonry
work); boiler repair or replacement; vehicle maintenance and
storage facilities; parking facilities; mechanical systems for
heating, ventilation, and air conditioning; loading docks; and
repair or replacement of carpeting, tile, wall coverings,
window coverings or treatments, or furniture. Solely for the
purpose of this definition, "non-clinical service area" does
not include health and fitness centers.
    "Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and the
word "area" may be used synonymously with the term "areawide".
    "Local" means a subarea of a delineated major area that on
a geographic, demographic, and functional basis may be
considered to be part of such major area. The term "subregion"
may be used synonymously with the term "local".
    "Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
    "Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
    "Director" means the Director of the Illinois Department of
Public Health.
    "Agency" means the Illinois Department of Public Health.
    "Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
    "Out-of-state facility" means a person that is both (i)
licensed as a hospital or as an ambulatory surgery center under
the laws of another state or that qualifies as a hospital or an
ambulatory surgery center under regulations adopted pursuant
to the Social Security Act and (ii) not licensed under the
Ambulatory Surgical Treatment Center Act, the Hospital
Licensing Act, or the Nursing Home Care Act. Affiliates of
out-of-state facilities shall be considered out-of-state
facilities. Affiliates of Illinois licensed health care
facilities 100% owned by an Illinois licensed health care
facility, its parent, or Illinois physicians licensed to
practice medicine in all its branches shall not be considered
out-of-state facilities. Nothing in this definition shall be
construed to include an office or any part of an office of a
physician licensed to practice medicine in all its branches in
Illinois that is not required to be licensed under the
Ambulatory Surgical Treatment Center Act.
    "Change of ownership of a health care facility" means a
change in the person who has ownership or control of a health
care facility's physical plant and capital assets. A change in
ownership is indicated by the following transactions: sale,
transfer, acquisition, lease, change of sponsorship, or other
means of transferring control.
    "Related person" means any person that: (i) is at least 50%
owned, directly or indirectly, by either the health care
facility or a person owning, directly or indirectly, at least
50% of the health care facility; or (ii) owns, directly or
indirectly, at least 50% of the health care facility.
    "Charity care" means care provided by a health care
facility for which the provider does not expect to receive
payment from the patient or a third-party payer.
    "Freestanding emergency center" means a facility subject
to licensure under Section 32.5 of the Emergency Medical
Services (EMS) Systems Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-543, eff. 8-28-07;
95-584, eff. 8-31-07; 95-727, eff. 6-30-08; 95-876, eff.
8-21-08; 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; revised
9-25-09.)
 
    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
    (Text of Section before amendment by P.A. 96-339)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
    (1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services identified through the comprehensive health planning
process, giving special consideration to the impact of projects
on access to safety net services.
    (2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
    (3) (Blank).
    (4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and
updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or
intermediate care facilities licensed under the Nursing Home
Care Act or nursing homes licensed under the Hospital Licensing
Act shall be conducted on an annual basis no later than July 1
of each year and shall include among the information requested
a list of all services provided by a facility to its residents
and to the community at large and differentiate between active
and inactive beds.
    In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
        (a) The size, composition and growth of the population
    of the area to be served;
        (b) The number of existing and planned facilities
    offering similar programs;
        (c) The extent of utilization of existing facilities;
        (d) The availability of facilities which may serve as
    alternatives or substitutes;
        (e) The availability of personnel necessary to the
    operation of the facility;
        (f) Multi-institutional planning and the establishment
    of multi-institutional systems where feasible;
        (g) The financial and economic feasibility of proposed
    construction or modification; and
        (h) In the case of health care facilities established
    by a religious body or denomination, the needs of the
    members of such religious body or denomination may be
    considered to be public need.
    The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
    (5) Coordinate with the Center for Comprehensive Health
Planning and other state agencies having responsibilities
affecting health care facilities, including those of licensure
and cost reporting.
    (6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board or Center for Comprehensive Health
Planning in the administration of this Act; and enter into
contracts consistent with the appropriations for purposes
enumerated in this Act.
    (7) The State Board shall prescribe procedures for review,
standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of
any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
    (8) Prescribe, in consultation with the Center for
Comprehensive Health Planning, rules, regulations, standards,
and criteria for the conduct of an expeditious review of
applications for permits for projects of construction or
modification of a health care facility, which projects are
classified as emergency, substantive, or non-substantive in
nature.
    Six months after June 30, 2009 (the effective date of
Public Act 96-31) this amendatory Act of the 96th General
Assembly, substantive projects shall include no more than the
following:
        (a) Projects to construct (1) a new or replacement
    facility located on a new site or (2) a replacement
    facility located on the same site as the original facility
    and the cost of the replacement facility exceeds the
    capital expenditure minimum; or
        (b) Projects proposing a (1) new service or (2)
    discontinuation of a service, which shall be reviewed by
    the Board within 60 days; or .
        (c) Projects proposing a change in the bed capacity of
    a health care facility by an increase in the total number
    of beds or by a redistribution of beds among various
    categories of service or by a relocation of beds from one
    physical facility or site to another by more than 20 beds
    or more than 10% of total bed capacity, as defined by the
    State Board, whichever is less, over a 2-year period.
    The Chairman may approve applications for exemption that
meet the criteria set forth in rules or refer them to the full
Board. The Chairman may approve any unopposed application that
meets all of the review criteria or refer them to the full
Board.
    Such rules shall not abridge the right of the Center for
Comprehensive Health Planning to make recommendations on the
classification and approval of projects, nor shall such rules
prevent the conduct of a public hearing upon the timely request
of an interested party. Such reviews shall not exceed 60 days
from the date the application is declared to be complete.
    (9) Prescribe rules, regulations, standards, and criteria
pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure
persons using the facility, as defined in the rules and
regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
    (10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
    (11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board within 30 days of
the meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve
or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. The staff of the State Board shall
prepare a written copy of the final decision and the State
Board shall approve a final copy for inclusion in the formal
record.
    (12) Require at least one of its members to participate in
any public hearing, after the appointment of the 9 members to
the Board.
    (13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
    (14) Implement public information campaigns to regularly
inform the general public about the opportunity for public
hearings and public hearing procedures.
    (15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed
that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall
appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
In consultation with other experts from the health field of
long-term care, the Board and the Subcommittee shall study new
approaches to the current bed need formula and Health Service
Area boundaries to encourage flexibility and innovation in
design models reflective of the changing long-term care
marketplace and consumer preferences. The Board shall file the
proposed related administrative rules for the separate rules
and guidelines for long-term care required by this paragraph
(15) by September 1, 2010. The Subcommittee shall be provided a
reasonable and timely opportunity to review and comment on any
review, revision, or updating of the criteria, standards,
procedures, and rules used to evaluate project applications as
provided under Section 12.3 of this Act prior to approval by
the Board and promulgation of related rules.
(Source: P.A. 96-31, eff. 6-30-09.)
 
    (Text of Section after amendment by P.A. 96-339)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
    (1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services identified through the comprehensive health planning
process, giving special consideration to the impact of projects
on access to safety net services.
    (2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
    (3) (Blank).
    (4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and
updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or
intermediate care facilities licensed under the Nursing Home
Care Act, skilled or intermediate care facilities licensed
under the MR/DD Community Care Act, or nursing homes licensed
under the Hospital Licensing Act shall be conducted on an
annual basis no later than July 1 of each year and shall
include among the information requested a list of all services
provided by a facility to its residents and to the community at
large and differentiate between active and inactive beds.
    In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
        (a) The size, composition and growth of the population
    of the area to be served;
        (b) The number of existing and planned facilities
    offering similar programs;
        (c) The extent of utilization of existing facilities;
        (d) The availability of facilities which may serve as
    alternatives or substitutes;
        (e) The availability of personnel necessary to the
    operation of the facility;
        (f) Multi-institutional planning and the establishment
    of multi-institutional systems where feasible;
        (g) The financial and economic feasibility of proposed
    construction or modification; and
        (h) In the case of health care facilities established
    by a religious body or denomination, the needs of the
    members of such religious body or denomination may be
    considered to be public need.
    The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
    (5) Coordinate with the Center for Comprehensive Health
Planning and other state agencies having responsibilities
affecting health care facilities, including those of licensure
and cost reporting.
    (6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board or Center for Comprehensive Health
Planning in the administration of this Act; and enter into
contracts consistent with the appropriations for purposes
enumerated in this Act.
    (7) The State Board shall prescribe procedures for review,
standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of
any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
    (8) Prescribe, in consultation with the Center for
Comprehensive Health Planning, rules, regulations, standards,
and criteria for the conduct of an expeditious review of
applications for permits for projects of construction or
modification of a health care facility, which projects are
classified as emergency, substantive, or non-substantive in
nature.
    Six months after June 30, 2009 (the effective date of
Public Act 96-31) this amendatory Act of the 96th General
Assembly, substantive projects shall include no more than the
following:
        (a) Projects to construct (1) a new or replacement
    facility located on a new site or (2) a replacement
    facility located on the same site as the original facility
    and the cost of the replacement facility exceeds the
    capital expenditure minimum; or
        (b) Projects proposing a (1) new service or (2)
    discontinuation of a service, which shall be reviewed by
    the Board within 60 days; or .
        (c) Projects proposing a change in the bed capacity of
    a health care facility by an increase in the total number
    of beds or by a redistribution of beds among various
    categories of service or by a relocation of beds from one
    physical facility or site to another by more than 20 beds
    or more than 10% of total bed capacity, as defined by the
    State Board, whichever is less, over a 2-year period.
    The Chairman may approve applications for exemption that
meet the criteria set forth in rules or refer them to the full
Board. The Chairman may approve any unopposed application that
meets all of the review criteria or refer them to the full
Board.
    Such rules shall not abridge the right of the Center for
Comprehensive Health Planning to make recommendations on the
classification and approval of projects, nor shall such rules
prevent the conduct of a public hearing upon the timely request
of an interested party. Such reviews shall not exceed 60 days
from the date the application is declared to be complete.
    (9) Prescribe rules, regulations, standards, and criteria
pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure
persons using the facility, as defined in the rules and
regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
    (10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
    (11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board within 30 days of
the meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve
or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. The staff of the State Board shall
prepare a written copy of the final decision and the State
Board shall approve a final copy for inclusion in the formal
record.
    (12) Require at least one of its members to participate in
any public hearing, after the appointment of the 9 members to
the Board.
    (13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
    (14) Implement public information campaigns to regularly
inform the general public about the opportunity for public
hearings and public hearing procedures.
    (15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed
that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall
appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
In consultation with other experts from the health field of
long-term care, the Board and the Subcommittee shall study new
approaches to the current bed need formula and Health Service
Area boundaries to encourage flexibility and innovation in
design models reflective of the changing long-term care
marketplace and consumer preferences. The Board shall file the
proposed related administrative rules for the separate rules
and guidelines for long-term care required by this paragraph
(15) by September 1, 2010. The Subcommittee shall be provided a
reasonable and timely opportunity to review and comment on any
review, revision, or updating of the criteria, standards,
procedures, and rules used to evaluate project applications as
provided under Section 12.3 of this Act prior to approval by
the Board and promulgation of related rules.
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; revised
10-6-09.)
 
    Section 135. The Commission on Government Forecasting and
Accountability Act is amended by changing Section 2 as follows:
 
    (25 ILCS 155/2)  (from Ch. 63, par. 342)
    Sec. 2. The Commission on Government Forecasting and
Accountability, hereafter in this Act referred to as the
Commission, is created and is established as a legislative
support services agency subject to the Legislative Commission
Reorganization Act of 1984.
    On January 15, 2005 (the effective date of Public Act
93-1067) this amendatory Act of the 93th General Assembly, the
name of the Illinois Economic and Fiscal Commission is changed
to the Commission on Government Forecasting and
Accountability. References in any law, appropriation, rule,
form, or other document to the Illinois Economic and Fiscal
Commission are deemed, in appropriate contexts, to be
references to the Commission on Government Forecasting and
Accountability for all purposes. References in any law,
appropriation, rule, form, or other document to the Executive
Director of the Illinois Economic and Fiscal Commission are
deemed, in appropriate contexts, to be references to the
Executive Director of the Commission on Government Forecasting
and Accountability for all purposes. For purposes of Section 9b
of the State Finance Act, the Commission on Government
Forecasting and Accountability is the successor to the Illinois
Economic and Fiscal Commission.
(Source: P.A. 93-1067, eff. 1-15-05; revised 10-30-09.)
 
    Section 140. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.710,
5.719, 5.720, 5.723, and 5.724 and by changing Sections 8.49
and 8h as follows:
 
    (30 ILCS 105/5.710)
    Sec. 5.710. The Money Follows the Person Budget Transfer
Fund.
(Source: P.A. 95-744, eff. 7-18-08; 96-328, eff. 8-11-09.)
 
    (30 ILCS 105/5.719)
    Sec. 5.719. The Private College Academic Quality Assurance
Fund.
(Source: P.A. 95-1046, eff. 3-27-09.)
 
    (30 ILCS 105/5.720)
    Sec. 5.720. The Academic Quality Assurance Fund.
(Source: P.A. 95-1046, eff. 3-27-09.)
 
    (30 ILCS 105/5.721)
    Sec. 5.721 5.719. The Olympic Games and Paralympic Games
Trust Fund.
(Source: P.A. 96-7, eff. 4-3-09; revised 4-14-09.)
 
    (30 ILCS 105/5.722)
    Sec. 5.722 5.710. The Financial Institutions Settlement of
2008 Fund.
(Source: P.A. 95-1047, eff. 4-6-09; revised 4-14-09.)
 
    (30 ILCS 105/5.723)
    Sec. 5.723. The Capital Projects Fund.
(Source: P.A. 96-34, eff. 7-13-09.)
 
    (30 ILCS 105/5.724)
    Sec. 5.724. The Local Government Video Gaming Distributive
Fund.
(Source: P.A. 96-34, eff. 7-13-09.)
 
    (30 ILCS 105/5.725)
    Sec. 5.725 5.719. American Recovery and Reinvestment Act
Administrative Revolving Fund.
(Source: P.A. 96-45, eff. 7-15-09; revised 10-20-09.)
 
    (30 ILCS 105/5.726)
    (Section scheduled to be repealed on July 1, 2011)
    Sec. 5.726 5.719. The Performance-enhancing Substance
Testing Fund. This Section is repealed on July 1, 2011.
(Source: P.A. 96-132, eff. 8-7-09; revised 10-20-09.)
 
    (30 ILCS 105/5.727)
    Sec. 5.727 5.719. The Fire Station Revolving Loan Fund.
(Source: P.A. 96-135, eff. 8-7-09; revised 10-20-09.)
 
    (30 ILCS 105/5.728)
    Sec. 5.728 5.719. The Farm Fresh Schools Program Fund.
(Source: P.A. 96-153, eff. 1-1-10; revised 10-20-09.)
 
    (30 ILCS 105/5.729)
    Sec. 5.729 5.719. The Illinois Power Agency Renewable
Energy Resources Fund.
(Source: P.A. 96-159, eff. 8-10-09; revised 10-20-09.)
 
    (30 ILCS 105/5.730)
    Sec. 5.730 5.719. The Hospital Stroke Care Fund.
(Source: P.A. 96-514, eff. 1-1-10; revised 10-20-09.)
 
    (30 ILCS 105/5.731)
    Sec. 5.731 5.719. The Department of Human Rights Training
and Development Fund.
(Source: P.A. 96-548, eff. 1-1-10; revised 10-20-09.)
 
    (30 ILCS 105/5.732)
    Sec. 5.732 5.719. The Trucking Environmental and Education
Fund.
(Source: P.A. 96-576, eff. 8-18-09; revised 10-20-09.)
 
    (30 ILCS 105/5.733)
    Sec. 5.733 5.719. The Illinois EMS Memorial Scholarship and
Training Fund.
(Source: P.A. 96-591, eff. 8-18-09; revised 10-20-09.)
 
    (30 ILCS 105/5.734)
    Sec. 5.734 5.719. The 2-1-1 Account Fund.
(Source: P.A. 96-599, eff. 1-1-10; revised 10-20-09.)
 
    (30 ILCS 105/5.735)
    Sec. 5.735 5.719. The Intermodal Facilities Promotion
Fund.
(Source: P.A. 96-602, eff. 8-21-09; revised 10-20-09.)
 
    (30 ILCS 105/5.736)
    Sec. 5.736 5.719. The Hunger Relief Fund.
(Source: P.A. 96-604, eff. 8-24-09; revised 10-20-09.)
 
    (30 ILCS 105/5.737)
    Sec. 5.737 5.719. The Public Interest Attorney Loan
Repayment Assistance Fund.
(Source: P.A. 96-615, eff. 1-1-10; 96-768, eff. 1-1-10; revised
10-20-09.)
 
    (30 ILCS 105/5.738)
    Sec. 5.738 5.719. The Ex-Offender Fund.
(Source: P.A. 96-656, eff. 1-1-10; revised 10-20-09.)
 
    (30 ILCS 105/5.739)
    Sec. 5.739 5.719. The Roadside Memorial Fund.
(Source: P.A. 96-667, eff. 8-25-09; revised 10-20-09.)
 
    (30 ILCS 105/5.740)
    Sec. 5.740 5.719. The International Brotherhood of
Teamsters Fund.
(Source: P.A. 96-687, eff. 1-1-10; revised 10-20-09.)
 
    (30 ILCS 105/5.741)
    Sec. 5.741 5.719. The School Wind and Solar Generation
Revolving Loan Fund.
(Source: P.A. 96-725, eff. 8-25-09; revised 10-20-09.)
 
    (30 ILCS 105/5.742)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 5.742 5.719. The Community Association Manager
Licensing and Disciplinary Fund.
(Source: P.A. 96-726, eff. 7-1-10; revised 10-20-09.)
 
    (30 ILCS 105/5.743)
    Sec. 5.743 5.719. The Private Sewage Disposal Program Fund.
(Source: P.A. 96-767, eff. 8-28-09; revised 10-20-09.)
 
    (30 ILCS 105/5.744)
    Sec. 5.744 5.719. The 21st Century Workforce Development
Fund.
(Source: P.A. 96-771, eff. 8-28-09; revised 10-20-09.)
 
    (30 ILCS 105/5.745)
    Sec. 5.745 5.719. The Department of Human Rights Special
Fund.
(Source: P.A. 96-786, eff. 1-1-10; revised 10-20-09.)
 
    (30 ILCS 105/5.746)
    Sec. 5.746 5.720. The United Auto Workers' Fund.
(Source: P.A. 96-687, eff. 1-1-10; revised 10-21-09.)
 
    (30 ILCS 105/5.747)
    Sec. 5.747 5.723. Court of Claims Federal Grant Fund.
(Source: P.A. 96-45, eff. 7-15-09; revised 10-21-09.)
 
    (30 ILCS 105/5.748)
    Sec. 5.748 5.723. The Crisis Nursery Fund.
(Source: P.A. 96-627, eff. 8-24-09; revised 10-21-09.)
 
    (30 ILCS 105/5.749)
    Sec. 5.749 5.723. The Stretcher Van Licensure Fund.
(Source: P.A. 96-702, eff. 8-25-09; revised 10-21-09.)
 
    (30 ILCS 105/5.750)
    Sec. 5.750 5.723. The Metropolitan Pier and Exposition
Authority Incentive Fund.
(Source: P.A. 96-739, eff. 1-1-10; revised 10-21-09.)
 
    (30 ILCS 105/5.751)
    Sec. 5.751 5.723. The Long Term Care Ombudsman Fund.
(Source: P.A. 96-758, eff. 8-25-09; revised 10-21-09.)
 
    (30 ILCS 105/5.752)
    Sec. 5.752 5.724. The Nursing Home Conversion Fund.
(Source: P.A. 96-758, eff. 8-25-09; revised 10-21-09.)
 
    (30 ILCS 105/8.49)
    Sec. 8.49. Special fund transfers.
    (a) In order to maintain the integrity of special funds and
improve stability in the General Revenue Fund, the following
transfers are authorized from the designated funds into the
General Revenue Fund:
    Food and Drug Safety Fund..........................$6,800
    Penny Severns Breast, Cervical, and
        Ovarian Cancer Research Fund..................$33,300
    Transportation Regulatory Fund.................$2,122,000
    General Professions Dedicated Fund.............$3,511,900
    Economic Research and Information Fund.............$1,120
    Illinois Department of Agriculture
        Laboratory Services Revolving Fund............$12,825
    Drivers Education Fund.........................$2,244,000
    Aeronautics Fund..................................$25,360
    Fire Prevention Fund..........................$10,400,000
    Rural/Downstate Health Access Fund.................$1,700
    Mental Health Fund............................$24,560,000
    Illinois State Pharmacy Disciplinary Fund......$2,054,100
    Public Utility Fund..............................$960,175
    Alzheimer's Disease Research Fund................$112,500
    Radiation Protection Fund.........................$92,250
    Natural Heritage Endowment Trust Fund............$250,000
    Firearm Owner's Notification Fund................$256,400
    EPA Special State Projects Trust Fund..........$3,760,000
    Solid Waste Management Fund....................$1,200,000
    Illinois Gaming Law Enforcement Fund.............$141,000
    Subtitle D Management Fund.......................$375,000
    Illinois State Medical Disciplinary Fund......$11,277,200
    Cemetery Consumer Protection Fund................$658,000
    Assistance to the Homeless Fund...................$13,800
    Accessible Electronic Information
        Service Fund..................................$10,000
    CDLIS/AAMVAnet Trust Fund........................$110,000
    Comptroller's Audit Expense Revolving Fund........$31,200
    Community Health Center Care Fund................$450,000
    Safe Bottled Water Fund...........................$15,000
    Facility Licensing Fund..........................$363,600
    Hansen-Therkelsen Memorial Deaf
        Student College Fund.........................$503,700
    Illinois Underground Utility Facilities
        Damage Prevention Fund........................$29,600
    School District Emergency Financial
        Assistance Fund............................$2,059,200
    Mental Health Transportation Fund....................$859
    Registered Certified Public Accountants'
        Administration and Disciplinary Fund..........$34,600
    State Crime Laboratory Fund......................$142,880
    Agrichemical Incident Response Trust Fund.........$80,000
    General Assembly Computer Equipment
        Revolving Fund...............................$101,600
    Weights and Measures Fund........................$625,000
    Illinois School Asbestos Abatement Fund..........$299,600
    Injured Workers' Benefit Fund..................$3,290,560
    Violence Prevention Fund..........................$79,500
    Professional Regulation Evidence Fund..............$5,000
    IPTIP Administrative Trust Fund..................$500,000
    Diabetes Research Checkoff Fund....................$8,800
    Ticket For The Cure Fund.......................$1,200,000
    Capital Development Board Revolving Fund.........$346,000
    Professions Indirect Cost Fund.................$2,144,500
    State Police DUI Fund............................$166,880
    Medicaid Fraud and Abuse Prevention Fund..........$20,000
    Illinois Health Facilities Planning Fund.......$1,392,400
    Emergency Public Health Fund.....................$875,000
    TOMA Consumer Protection Fund.....................$50,000
    ISAC Accounts Receivable Fund.....................$24,240
    Fair and Exposition Fund.......................$1,257,920
    Department of Labor Special State Trust Fund.....$409,000
    Public Health Water Permit Fund...................$24,500
    Nursing Dedicated and Professional Fund........$9,988,400
    Optometric Licensing and Disciplinary
        Board Fund...................................$995,800
    Water Revolving Fund...............................$4,960
    Methamphetamine Law Enforcement Fund..............$50,000
    Long Term Care Monitor/Receiver Fund...........$1,700,000
    Home Care Services Agency Licensure Fund..........$48,000
    Community Water Supply Laboratory Fund...........$600,000
    Motor Fuel and Petroleum Standards Fund...........$41,416
    Fertilizer Control Fund..........................$162,520
    Regulatory Fund..................................$307,824
    Used Tire Management Fund......................$8,853,552
    Natural Areas Acquisition Fund.................$1,000,000
    Working Capital Revolving Fund.................$6,450,000
    Tax Recovery Fund.................................$29,680
    Professional Services Fund.....................$3,500,000
    Treasurer's Rental Fee Fund......................$155,000
    Public Health Laboratory Services
        Revolving Fund...............................$450,000
    Provider Inquiry Trust Fund......................$200,000
    Audit Expense Fund.............................$5,972,190
    Law Enforcement Camera Grant Fund..............$2,631,840
    Child Labor and Day and Temporary Labor
        Services Enforcement Fund....................$490,000
    Lead Poisoning Screening, Prevention,
        and Abatement Fund...........................$100,000
    Health and Human Services Medicaid
        Trust Fund.................................$6,920,000
    Prisoner Review Board Vehicle and
        Equipment Fund...............................$147,900
    Drug Treatment Fund............................$4,400,000
    Feed Control Fund................................$625,000
    Tanning Facility Permit Fund......................$20,000
    Innovations in Long-Term Care Quality
        Demonstration Grants Fund....................$300,000
    Plumbing Licensure and Program Fund............$1,585,600
    State Treasurer's Bank Services Trust Fund.....$6,800,000
    State Police Motor Vehicle Theft
        Prevention Trust Fund.........................$46,500
    Insurance Premium Tax Refund Fund.................$58,700
    Appraisal Administration Fund....................$378,400
    Small Business Environmental Assistance Fund......$24,080
    Regulatory Evaluation and Basic
        Enforcement Fund.............................$125,000
    Gaining Early Awareness and Readiness
        for Undergraduate Programs Fund...............$15,000
    Trauma Center Fund.............................$4,000,000
    EMS Assistance Fund..............................$110,000
    State College and University Trust Fund...........$20,204
    University Grant Fund..............................$5,608
    DCEO Projects Fund.............................$1,000,000
    Alternate Fuels Fund...........................$2,000,000
    Multiple Sclerosis Research Fund..................$27,200
    Livestock Management Facilities Fund..............$81,920
    Second Injury Fund...............................$615,680
    Agricultural Master Fund.........................$136,984
    High Speed Internet Services and
        Information Technology Fund................$3,300,000
    Illinois Tourism Tax Fund........................$250,000
    Human Services Priority Capital Program Fund...$7,378,400
    Warrant Escheat Fund...........................$1,394,161
    State Asset Forfeiture Fund......................$321,600
    Police Training Board Services Fund................$8,000
    Federal Asset Forfeiture Fund......................$1,760
    Department of Corrections Reimbursement
        and Education Fund...........................$250,000
    Health Facility Plan Review Fund...............$1,543,600
    Domestic Violence Abuser Services Fund............$11,500
    LEADS Maintenance Fund...........................$166,800
    State Offender DNA Identification
        System Fund..................................$615,040
    Illinois Historic Sites Fund.....................$250,000
    Comptroller's Administrative Fund................$134,690
    Workforce, Technology, and Economic
        Development ...............................$2,000,000
    Pawnbroker Regulation Fund........................$26,400
    Renewable Energy Resources Trust Fund.........$13,408,328
    Charter Schools Revolving Loan Fund...............$82,000
    School Technology Revolving Loan Fund..........$1,230,000
    Energy Efficiency Trust Fund...................$1,490,000
    Pesticide Control Fund...........................$625,000
    Juvenile Accountability Incentive Block
        Grant Fund................................... $10,000
    Multiple Sclerosis Assistance Fund.................$8,000
    Temporary Relocation Expenses Revolving
        Grant Fund...................................$460,000
    Partners for Conservation Fund.................$8,200,000
    Fund For Illinois' Future......................$3,000,000
    Wireless Carrier Reimbursement Fund...........$13,650,000
    International Tourism Fund.....................$5,043,344
    Illinois Racing Quarterhorse Breeders Fund.........$1,448
    Death Certificate Surcharge Fund.................$900,000
    State Police Wireless Service
        Emergency Fund.............................$1,329,280
    Illinois Adoption Registry and
        Medical Information Exchange Fund..............$8,400
    Auction Regulation Administration Fund...........$361,600
    DHS State Projects Fund..........................$193,900
    Auction Recovery Fund..............................$4,600
    Motor Carrier Safety Inspection Fund.............$389,840
    Coal Development Fund............................$320,000
    State Off-Set Claims Fund........................$400,000
    Illinois Student Assistance Commission
        Contracts and Grants Fund....................$128,850
    DHS Private Resources Fund.....................$1,000,000
    Assisted Living and Shared Housing
        Regulatory Fund..............................$122,400
    State Police Whistleblower Reward
        and Protection Fund........................$3,900,000
    Illinois Standardbred Breeders Fund..............$134,608
    Post Transplant Maintenance and
        Retention Fund................................$85,800
    Spinal Cord Injury Paralysis Cure
        Research Trust Fund..........................$300,000
    Organ Donor Awareness Fund.......................$115,000
    Community Mental Health Medicaid Trust Fund....$1,030,900
    Illinois Clean Water Fund......................$8,649,600
    Tobacco Settlement Recovery Fund..............$10,000,000
    Alternative Compliance Market Account Fund.........$9,984
    Group Workers' Compensation Pool
        Insolvency Fund...............................$42,800
    Medicaid Buy-In Program Revolving Fund.........$1,000,000
    Home Inspector Administration Fund.............$1,225,200
    Real Estate Audit Fund.............................$1,200
    Marine Corps Scholarship Fund.....................$69,000
    Tourism Promotion Fund........................$30,000,000
    Oil Spill Response Fund............................$4,800
    Presidential Library and Museum
        Operating Fund...............................$169,900
    Nuclear Safety Emergency Preparedness Fund.....$6,000,000
    DCEO Energy Projects Fund......................$2,176,200
    Dram Shop Fund...................................$500,000
    Illinois State Dental Disciplinary Fund..........$187,300
    Hazardous Waste Fund.............................$800,000
    Natural Resources Restoration Trust Fund...........$7,700
    State Fair Promotional Activities Fund.............$1,672
    Continuing Legal Education Trust Fund.............$10,550
    Environmental Protection Trust Fund..............$625,000
    Real Estate Research and Education Fund........$1,081,000
    Federal Moderate Rehabilitation
        Housing Fund..................................$44,960
    Domestic Violence Shelter and Service Fund........$55,800
    Snowmobile Trail Establishment Fund................$5,300
    Drug Traffic Prevention Fund......................$11,200
    Traffic and Criminal Conviction
        Surcharge Fund.............................$5,400,000
    Design Professionals Administration
        and Investigation Fund........................$73,200
    Public Health Special State Projects Fund......$1,900,000
    Petroleum Violation Fund...........................$1,080
    State Police Services Fund.....................$7,082,080
    Illinois Wildlife Preservation Fund................$9,900
    Youth Drug Abuse Prevention Fund.................$133,500
    Insurance Producer Administration Fund........$12,170,000
    Coal Technology Development Assistance Fund....$1,856,000
    Child Abuse Prevention Fund......................$250,000
    Hearing Instrument Dispenser Examining
        and Disciplinary Fund.........................$50,400
    Low-Level Radioactive Waste Facility
        Development and Operation Fund.............$1,000,000
    Environmental Protection Permit and
        Inspection Fund..............................$755,775
    Landfill Closure and Post-Closure Fund.............$2,480
    Narcotics Profit Forfeiture Fund..................$86,900
    Illinois State Podiatric Disciplinary Fund.......$200,000
    Vehicle Inspection Fund........................$5,000,000
    Local Tourism Fund............................$10,999,280
    Illinois Capital Revolving Loan Fund...........$3,856,904
    Illinois Equity Fund...............................$3,520
    Large Business Attraction Fund....................$13,560
    International and Promotional Fund................$42,040
    Public Infrastructure Construction
        Loan Revolving Fund........................$2,811,232
    Insurance Financial Regulation Fund............$5,881,180
    TOTAL                                        $351,738,973
All of these transfers shall be made in equal quarterly
installments with the first made on July 1, 2009, or as soon
thereafter as practical, and with the remaining transfers to be
made on October 1, January 1, and April 1, or as soon
thereafter as practical. These transfers shall be made
notwithstanding any other provision of State law to the
contrary.
    (b) On and after the effective date of this amendatory Act
of the 96th General Assembly through June 30, 2010, when any of
the funds listed in subsection (a) have insufficient cash from
which the State Comptroller may make expenditures properly
supported by appropriations from the fund, then the State
Treasurer and State Comptroller shall transfer from the General
Revenue Fund to the fund such amount as is immediately
necessary to satisfy outstanding expenditure obligations on a
timely basis, subject to the provisions of the State Prompt
Payment Act.
    (c) If the Director of the Governor's Office of Management
and Budget determines that any transfer to the General Revenue
Fund from a special fund under subsection (a) either (i)
jeopardizes federal funding based on a written communication
from a federal official or (ii) violates an order of a court of
competent jurisdiction, then the Director may order the State
Treasurer and State Comptroller, in writing, to transfer from
the General Revenue Fund to that listed special fund all or
part of the amounts transferred from that special fund under
subsection (a).
(Source: P.A. 96-44, eff. 7-15-09; 96-45, eff. 7-15-09; 96-150,
eff. 8-7-09; revised 9-15-09.)
 
    (30 ILCS 105/8h)
    Sec. 8h. Transfers to General Revenue Fund.
    (a) Except as otherwise provided in this Section and
Section 8n of this Act, and notwithstanding any other State law
to the contrary, the Governor may, through June 30, 2007, from
time to time direct the State Treasurer and Comptroller to
transfer a specified sum from any fund held by the State
Treasurer to the General Revenue Fund in order to help defray
the State's operating costs for the fiscal year. The total
transfer under this Section from any fund in any fiscal year
shall not exceed the lesser of (i) 8% of the revenues to be
deposited into the fund during that fiscal year or (ii) an
amount that leaves a remaining fund balance of 25% of the July
1 fund balance of that fiscal year. In fiscal year 2005 only,
prior to calculating the July 1, 2004 final balances, the
Governor may calculate and direct the State Treasurer with the
Comptroller to transfer additional amounts determined by
applying the formula authorized in Public Act 93-839 to the
funds balances on July 1, 2003. No transfer may be made from a
fund under this Section that would have the effect of reducing
the available balance in the fund to an amount less than the
amount remaining unexpended and unreserved from the total
appropriation from that fund estimated to be expended for that
fiscal year. This Section does not apply to any funds that are
restricted by federal law to a specific use, to any funds in
the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the
Hospital Provider Fund, the Medicaid Provider Relief Fund, the
Teacher Health Insurance Security Fund, the Voters' Guide Fund,
the Foreign Language Interpreter Fund, the Lawyers' Assistance
Program Fund, the Supreme Court Federal Projects Fund, the
Supreme Court Special State Projects Fund, the Supplemental
Low-Income Energy Assistance Fund, the Good Samaritan Energy
Trust Fund, the Low-Level Radioactive Waste Facility
Development and Operation Fund, the Horse Racing Equity Trust
Fund, the Metabolic Screening and Treatment Fund, or the
Hospital Basic Services Preservation Fund, or to any funds to
which Section 70-50 of the Nurse Practice Act applies. No
transfers may be made under this Section from the Pet
Population Control Fund. Notwithstanding any other provision
of this Section, for fiscal year 2004, the total transfer under
this Section from the Road Fund or the State Construction
Account Fund shall not exceed the lesser of (i) 5% of the
revenues to be deposited into the fund during that fiscal year
or (ii) 25% of the beginning balance in the fund. For fiscal
year 2005 through fiscal year 2007, no amounts may be
transferred under this Section from the Road Fund, the State
Construction Account Fund, the Criminal Justice Information
Systems Trust Fund, the Wireless Service Emergency Fund, or the
Mandatory Arbitration Fund.
    In determining the available balance in a fund, the
Governor may include receipts, transfers into the fund, and
other resources anticipated to be available in the fund in that
fiscal year.
    The State Treasurer and Comptroller shall transfer the
amounts designated under this Section as soon as may be
practicable after receiving the direction to transfer from the
Governor.
    (a-5) Transfers directed to be made under this Section on
or before February 28, 2006 that are still pending on May 19,
2006 (the effective date of Public Act 94-774) shall be
redirected as provided in Section 8n of this Act.
    (b) This Section does not apply to: (i) the Ticket For The
Cure Fund; (ii) any fund established under the Community Senior
Services and Resources Act; or (iii) on or after January 1,
2006 (the effective date of Public Act 94-511), the Child Labor
and Day and Temporary Labor Enforcement Fund.
    (c) This Section does not apply to the Demutualization
Trust Fund established under the Uniform Disposition of
Unclaimed Property Act.
    (d) This Section does not apply to moneys set aside in the
Illinois State Podiatric Disciplinary Fund for podiatric
scholarships and residency programs under the Podiatric
Scholarship and Residency Act.
    (e) Subsection (a) does not apply to, and no transfer may
be made under this Section from, the Pension Stabilization
Fund.
    (f) Subsection (a) does not apply to, and no transfer may
be made under this Section from, the Illinois Power Agency
Operations Fund, the Illinois Power Agency Facilities Fund, the
Illinois Power Agency Debt Service Fund, and the Illinois Power
Agency Trust Fund.
    (g) This Section does not apply to the Veterans Service
Organization Reimbursement Fund.
    (h) This Section does not apply to the Supreme Court
Historic Preservation Fund.
    (i) This Section does not apply to, and no transfer may be
made under this Section from, the Money Follows the Person
Budget Transfer Fund.
    (j) This Section does not apply to the Domestic Violence
Shelter and Service Fund.
    (k) (j) This Section does not apply to the Illinois
Historic Sites Fund and the Presidential Library and Museum
Operating Fund.
    (l) (j) This Section does not apply to the Trucking
Environmental and Education Fund.
    (m) (j) This Section does not apply to the Roadside
Memorial Fund.
    (n) (j) This Section does not apply to the Department of
Human Rights Special Fund.
(Source: P.A. 95-331, eff. 8-21-07; 95-410, eff. 8-24-07;
95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, eff.
10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; 95-876,
eff. 8-21-08; 96-302, eff. 1-1-10; 96-450, eff. 8-14-09;
96-511, eff. 8-14-09; 96-576, eff. 8-18-09; 96-667, eff.
8-25-09; 96-786, eff. 1-1-10; revised 10-6-09.)
 
    Section 145. The General Obligation Bond Act is amended by
changing Sections 2, 3, and 7 as follows:
 
    (30 ILCS 330/2)  (from Ch. 127, par. 652)
    Sec. 2. Authorization for Bonds. The State of Illinois is
authorized to issue, sell and provide for the retirement of
General Obligation Bonds of the State of Illinois for the
categories and specific purposes expressed in Sections 2
through 8 of this Act, in the total amount of $36,967,777,443
$33,501,777,443 $34,159,149,369.
    The bonds authorized in this Section 2 and in Section 16 of
this Act are herein called "Bonds".
    Of the total amount of Bonds authorized in this Act, up to
$2,200,000,000 in aggregate original principal amount may be
issued and sold in accordance with the Baccalaureate Savings
Act in the form of General Obligation College Savings Bonds.
    Of the total amount of Bonds authorized in this Act, up to
$300,000,000 in aggregate original principal amount may be
issued and sold in accordance with the Retirement Savings Act
in the form of General Obligation Retirement Savings Bonds.
    Of the total amount of Bonds authorized in this Act, the
additional $10,000,000,000 authorized by Public Act 93-2 and
the $3,466,000,000 authorized by Public Act 96-43 this
amendatory Act of the 96th General Assembly shall be used
solely as provided in Section 7.2.
    The issuance and sale of Bonds pursuant to the General
Obligation Bond Act is an economical and efficient method of
financing the long-term capital needs of the State. This Act
will permit the issuance of a multi-purpose General Obligation
Bond with uniform terms and features. This will not only lower
the cost of registration but also reduce the overall cost of
issuing debt by improving the marketability of Illinois General
Obligation Bonds.
(Source: P.A. 95-1026, eff. 1-12-09; 96-5, eff. 4-3-09; 96-36,
eff. 7-13-09; 96-43, eff. 7-15-09; revised 8-20-09.)
 
    (30 ILCS 330/3)  (from Ch. 127, par. 653)
    Sec. 3. Capital Facilities. The amount of $7,968,463,443 is
authorized to be used for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
within the State, consisting of buildings, structures, durable
equipment, land, interests in land, and the costs associated
with the purchase and implementation of information
technology, including but not limited to the purchase of
hardware and software, for the following specific purposes:
        (a) $2,511,228,000 for educational purposes by State
    universities and colleges, the Illinois Community College
    Board created by the Public Community College Act and for
    grants to public community colleges as authorized by
    Sections 5-11 and 5-12 of the Public Community College Act;
        (b) $1,617,420,000 for correctional purposes at State
    prison and correctional centers;
        (c) $575,183,000 for open spaces, recreational and
    conservation purposes and the protection of land;
        (d) $664,917,000 for child care facilities, mental and
    public health facilities, and facilities for the care of
    disabled veterans and their spouses;
        (e) $1,630,990,000 for use by the State, its
    departments, authorities, public corporations, commissions
    and agencies;
        (f) $818,100 for cargo handling facilities at port
    districts and for breakwaters, including harbor entrances,
    at port districts in conjunction with facilities for small
    boats and pleasure crafts;
        (g) $248,877,074 for water resource management
    projects;
        (h) $16,940,269 for the provision of facilities for
    food production research and related instructional and
    public service activities at the State universities and
    public community colleges;
        (i) $36,000,000 for grants by the Secretary of State,
    as State Librarian, for central library facilities
    authorized by Section 8 of the Illinois Library System Act
    and for grants by the Capital Development Board to units of
    local government for public library facilities;
        (j) $25,000,000 for the acquisition, development,
    construction, reconstruction, improvement, financing,
    architectural planning and installation of capital
    facilities consisting of buildings, structures, durable
    equipment and land for grants to counties, municipalities
    or public building commissions with correctional
    facilities that do not comply with the minimum standards of
    the Department of Corrections under Section 3-15-2 of the
    Unified Code of Corrections;
        (k) $5,000,000 for grants in fiscal year 1988 by the
    Department of Conservation for improvement or expansion of
    aquarium facilities located on property owned by a park
    district;
        (l) $432,590,000 to State agencies for grants to local
    governments for the acquisition, financing, architectural
    planning, development, alteration, installation, and
    construction of capital facilities consisting of
    buildings, structures, durable equipment, and land; and
        (m) $203,500,000 for the Illinois Open Land Trust
    Program as defined by the Illinois Open Land Trust Act.
    The amounts authorized above for capital facilities may be
used for the acquisition, installation, alteration,
construction, or reconstruction of capital facilities and for
the purchase of equipment for the purpose of major capital
improvements which will reduce energy consumption in State
buildings or facilities.
(Source: P.A. 96-36, eff. 7-13-09; 96-37, eff. 7-13-09; revised
8-20-09.)
 
    (30 ILCS 330/7)  (from Ch. 127, par. 657)
    Sec. 7. Coal and Energy Development. The amount of
$698,200,000 is authorized to be used by the Department of
Commerce and Economic Opportunity (formerly Department of
Commerce and Community Affairs) for coal and energy development
purposes, pursuant to Sections 2, 3 and 3.1 of the Illinois
Coal and Energy Development Bond Act, for the purposes
specified in Section 8.1 of the Energy Conservation and Coal
Development Act, for the purposes specified in Section 605-332
of the Department of Commerce and Economic Opportunity Law of
the Civil Administrative Code of Illinois, and for the purpose
of facility cost reports prepared pursuant to Sections 1-58
1-56 or 1-75(d)(4) of the Illinois Power Agency Act and for the
purpose of development costs pursuant to Section 8.1 of the
Energy Conservation and Coal Development Act. Of this amount:
    (a) $115,000,000 is for the specific purposes of
acquisition, development, construction, reconstruction,
improvement, financing, architectural and technical planning
and installation of capital facilities consisting of
buildings, structures, durable equipment, and land for the
purpose of capital development of coal resources within the
State and for the purposes specified in Section 8.1 of the
Energy Conservation and Coal Development Act;
    (b) $35,000,000 is for the purposes specified in Section
8.1 of the Energy Conservation and Coal Development Act and
making a grant to the owner of a generating station located in
Illinois and having at least three coal-fired generating units
with accredited summer capability greater than 500 megawatts
each at such generating station as provided in Section 6 of
that Bond Act;
    (c) $13,200,000 is for research, development and
demonstration of forms of energy other than that derived from
coal, either on or off State property;
    (d) $500,000,000 is for the purpose of providing financial
assistance to new electric generating facilities as provided in
Section 605-332 of the Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois;
and
    (e) $35,000,000 is for the purpose of facility cost reports
prepared for not more than one facility pursuant to Section
1-75(d)(4) of the Illinois Power Agency Act and not more than
one facility pursuant to Section 1-58 1-56 of the Illinois
Power Agency Act and for the purpose of up to $6,000,000 of
development costs pursuant to Section 8.1 of the Energy
Conservation and Coal Development Act.
(Source: P.A. 95-1026, eff. 1-12-09; 96-781, eff. 8-28-09;
revised 10-13-09.)
 
    Section 150. The Build Illinois Bond Act is amended by
changing Section 4 as follows:
 
    (30 ILCS 425/4)  (from Ch. 127, par. 2804)
    Sec. 4. Purposes of Bonds. Bonds shall be issued for the
following purposes and in the approximate amounts as set forth
below:
    (a) $2,917,000,000 for the expenses of issuance and sale of
Bonds, including bond discounts, and for planning,
engineering, acquisition, construction, reconstruction,
development, improvement and extension of the public
infrastructure in the State of Illinois, including: the making
of loans or grants to local governments for waste disposal
systems, water and sewer line extensions and water distribution
and purification facilities, rail or air or water port
improvements, gas and electric utility extensions, publicly
owned industrial and commercial sites, buildings used for
public administration purposes and other public infrastructure
capital improvements; the making of loans or grants to units of
local government for financing and construction of wastewater
facilities, including grants to serve unincorporated areas;
refinancing or retiring bonds issued between January 1, 1987
and January 1, 1990 by home rule municipalities, debt service
on which is provided from a tax imposed by home rule
municipalities prior to January 1, 1990 on the sale of food and
drugs pursuant to Section 8-11-1 of the Home Rule Municipal
Retailers' Occupation Tax Act or Section 8-11-5 of the Home
Rule Municipal Service Occupation Tax Act; the making of
deposits not to exceed $70,000,000 in the aggregate into the
Water Pollution Control Revolving Fund to provide assistance in
accordance with the provisions of Title IV-A of the
Environmental Protection Act; the planning, engineering,
acquisition, construction, reconstruction, alteration,
expansion, extension and improvement of highways, bridges,
structures separating highways and railroads, rest areas,
interchanges, access roads to and from any State or local
highway and other transportation improvement projects which
are related to economic development activities; the making of
loans or grants for planning, engineering, rehabilitation,
improvement or construction of rail and transit facilities; the
planning, engineering, acquisition, construction,
reconstruction and improvement of watershed, drainage, flood
control, recreation and related improvements and facilities,
including expenses related to land and easement acquisition,
relocation, control structures, channel work and clearing and
appurtenant work; the making of grants for improvement and
development of zoos and park district field houses and related
structures; and the making of grants for improvement and
development of Navy Pier and related structures.
    (b) $196,000,000 for fostering economic development and
increased employment and the well being of the citizens of
Illinois, including: the making of grants for improvement and
development of McCormick Place and related structures; the
planning and construction of a microelectronics research
center, including the planning, engineering, construction,
improvement, renovation and acquisition of buildings,
equipment and related utility support systems; the making of
loans to businesses and investments in small businesses;
acquiring real properties for industrial or commercial site
development; acquiring, rehabilitating and reconveying
industrial and commercial properties for the purpose of
expanding employment and encouraging private and other public
sector investment in the economy of Illinois; the payment of
expenses associated with siting the Superconducting Super
Collider Particle Accelerator in Illinois and with its
acquisition, construction, maintenance, operation, promotion
and support; the making of loans for the planning, engineering,
acquisition, construction, improvement and conversion of
facilities and equipment which will foster the use of Illinois
coal; the payment of expenses associated with the promotion,
establishment, acquisition and operation of small business
incubator facilities and agribusiness research facilities,
including the lease, purchase, renovation, planning,
engineering, construction and maintenance of buildings,
utility support systems and equipment designated for such
purposes and the establishment and maintenance of centralized
support services within such facilities; and the making of
grants or loans to units of local government for Urban
Development Action Grant and Housing Partnership programs.
    (c) $1,352,358,100 for the development and improvement of
educational, scientific, technical and vocational programs and
facilities and the expansion of health and human services for
all citizens of Illinois, including: the making of construction
and improvement grants and loans to public libraries and
library systems; the making of grants and loans for planning,
engineering, acquisition and construction of a new State
central library in Springfield; the planning, engineering,
acquisition and construction of an animal and dairy sciences
facility; the planning, engineering, acquisition and
construction of a campus and all related buildings, facilities,
equipment and materials for Richland Community College; the
acquisition, rehabilitation and installation of equipment and
materials for scientific and historical surveys; the making of
grants or loans for distribution to eligible vocational
education instructional programs for the upgrading of
vocational education programs, school shops and laboratories,
including the acquisition, rehabilitation and installation of
technical equipment and materials; the making of grants or
loans for distribution to eligible local educational agencies
for the upgrading of math and science instructional programs,
including the acquisition of instructional equipment and
materials; miscellaneous capital improvements for universities
and community colleges including the planning, engineering,
construction, reconstruction, remodeling, improvement, repair
and installation of capital facilities and costs of planning,
supplies, equipment, materials, services, and all other
required expenses; the making of grants or loans for repair,
renovation and miscellaneous capital improvements for
privately operated colleges and universities and community
colleges, including the planning, engineering, acquisition,
construction, reconstruction, remodeling, improvement, repair
and installation of capital facilities and costs of planning,
supplies, equipment, materials, services, and all other
required expenses; and the making of grants or loans for
distribution to local governments for hospital and other health
care facilities including the planning, engineering,
acquisition, construction, reconstruction, remodeling,
improvement, repair and installation of capital facilities and
costs of planning, supplies, equipment, materials, services
and all other required expenses.
    (d) $150,150,900 for protection, preservation, restoration
and conservation of environmental and natural resources,
including: the making of grants to soil and water conservation
districts for the planning and implementation of conservation
practices and for funding contracts with the Soil Conservation
Service for watershed planning; the making of grants to units
of local government for the capital development and improvement
of recreation areas, including planning and engineering costs,
sewer projects, including planning and engineering costs and
water projects, including planning and engineering costs, and
for the acquisition of open space lands, including the
acquisition of easements and other property interests of less
than fee simple ownership; the acquisition and related costs
and development and management of natural heritage lands,
including natural areas and areas providing habitat for
endangered species and nongame wildlife, and buffer area lands;
the acquisition and related costs and development and
management of habitat lands, including forest, wildlife
habitat and wetlands; and the removal and disposition of
hazardous substances, including the cost of project
management, equipment, laboratory analysis, and contractual
services necessary for preventative and corrective actions
related to the preservation, restoration and conservation of
the environment, including deposits not to exceed $60,000,000
in the aggregate into the Hazardous Waste Fund and the
Brownfields Redevelopment Fund for improvements in accordance
with the provisions of Titles V and XVII of the Environmental
Protection Act.
    (e) The amount specified in paragraph (a) above shall
include an amount necessary to pay reasonable expenses of each
issuance and sale of the Bonds, as specified in the related
Bond Sale Order (hereinafter defined).
    (f) Any unexpended proceeds from any sale of Bonds which
are held in the Build Illinois Bond Fund may be used to redeem,
purchase, advance refund, or defease any Bonds outstanding.
(Source: P.A. 96-36, eff. 7-13-09; 96-503, eff. 8-14-09;
revised 10-6-09.)
 
    Section 155. The Illinois Procurement Code is amended by
changing Sections 20-80, 50-11, and 50-60 as follows:
 
    (30 ILCS 500/20-80)
    (Text of Section before amendment by P.A. 96-795)
    Sec. 20-80. Contract files.
    (a) Written determinations. All written determinations
required under this Article shall be placed in the contract
file maintained by the chief procurement officer.
    (b) Filing with Comptroller. Whenever a grant, defined
pursuant to accounting standards established by the
Comptroller, or a contract liability, except for: (1) contracts
paid from personal services, or (2) contracts between the State
and its employees to defer compensation in accordance with
Article 24 of the Illinois Pension Code, exceeding $10,000 is
incurred by any State agency, a copy of the contract, purchase
order, grant, or lease shall be filed with the Comptroller
within 15 days thereafter. For each State contract for goods,
supplies, or services awarded on or after July 1, 2010, the
contracting agency shall provide the applicable rate and unit
of measurement of the goods, supplies, or services on the
contract obligation document as required by the Comptroller. If
the contract obligation document that is submitted to the
Comptroller contains the rate and unit of measurement of the
goods, supplies, or services, the Comptroller shall provide
that information on his or her official website. Any
cancellation or modification to any such contract liability
shall be filed with the Comptroller within 15 days of its
execution.
    (c) Late filing affidavit. When a contract, purchase order,
grant, or lease required to be filed by this Section has not
been filed within 30 days of execution, the Comptroller shall
refuse to issue a warrant for payment thereunder until the
agency files with the Comptroller the contract, purchase order,
grant, or lease and an affidavit, signed by the chief executive
officer of the agency or his or her designee, setting forth an
explanation of why the contract liability was not filed within
30 days of execution. A copy of this affidavit shall be filed
with the Auditor General.
    (d) Professional and artistic services contracts. No
voucher shall be submitted to the Comptroller for a warrant to
be drawn for the payment of money from the State treasury or
from other funds held by the State Treasurer on account of any
contract for services involving professional or artistic
skills involving an expenditure of more than $5,000 for the
same type of service at the same location during any fiscal
year unless the contract is reduced to writing before the
services are performed and filed with the Comptroller. When a
contract for professional or artistic skills in excess of
$5,000 was not reduced to writing before the services were
performed, the Comptroller shall refuse to issue a warrant for
payment for the services until the State agency files with the
Comptroller:
        (1) a written contract covering the services, and
        (2) an affidavit, signed by the chief executive officer
    of the State agency or his or her designee, stating that
    the services for which payment is being made were agreed to
    before commencement of the services and setting forth an
    explanation of why the contract was not reduced to writing
    before the services commenced.
A copy of this affidavit shall be filed with the Auditor
General. The Comptroller shall maintain professional or
artistic service contracts filed under this Section separately
from other filed contracts.
    (e) Method of source selection. When a contract is filed
with the Comptroller under this Section, the Comptroller's file
shall identify the method of source selection used in obtaining
the contract.
(Source: P.A. 96-794, eff. 1-1-10.)
 
    (Text of Section after amendment by P.A. 96-795)
    Sec. 20-80. Contract files.
    (a) Written determinations. All written determinations
required under this Article shall be placed in the contract
file maintained by the chief procurement officer.
    (b) Filing with Comptroller. Whenever a grant, defined
pursuant to accounting standards established by the
Comptroller, or a contract liability, except for: (1) contracts
paid from personal services, or (2) contracts between the State
and its employees to defer compensation in accordance with
Article 24 of the Illinois Pension Code, exceeding $10,000 is
incurred by any State agency, a copy of the contract, purchase
order, grant, or lease shall be filed with the Comptroller
within 15 days thereafter. For each State contract for goods,
supplies, or services awarded on or after July 1, 2010, the
contracting agency shall provide the applicable rate and unit
of measurement of the goods, supplies, or services on the
contract obligation document as required by the Comptroller. If
the contract obligation document that is submitted to the
Comptroller contains the rate and unit of measurement of the
goods, supplies, or services, the Comptroller shall provide
that information on his or her official website. Any
cancellation or modification to any such contract liability
shall be filed with the Comptroller within 15 days of its
execution.
    (c) Late filing affidavit. When a contract, purchase order,
grant, or lease required to be filed by this Section has not
been filed within 30 days of execution, the Comptroller shall
refuse to issue a warrant for payment thereunder until the
agency files with the Comptroller the contract, purchase order,
grant, or lease and an affidavit, signed by the chief executive
officer of the agency or his or her designee, setting forth an
explanation of why the contract liability was not filed within
30 days of execution. A copy of this affidavit shall be filed
with the Auditor General.
    (d) Timely execution of contracts. No voucher shall be
submitted to the Comptroller for a warrant to be drawn for the
payment of money from the State treasury or from other funds
held by the State Treasurer on account of any contract unless
the contract is reduced to writing before the services are
performed and filed with the Comptroller. Vendors shall not be
paid for any goods that were received or services that were
rendered before the contract was reduced to writing and signed
by all necessary parties. A chief procurement officer may
request an exception to this subsection by submitting a written
statement to the Comptroller and Treasurer setting forth the
circumstances and reasons why the contract could not be reduced
to writing before the supplies were received or services were
performed. A waiver of this subsection must be approved by the
Comptroller and Treasurer. A copy of this affidavit shall be
filed with the Auditor General. This Section shall not apply to
emergency purchases if notice of the emergency purchase is
filed with the Procurement Policy Board and published in the
Bulletin as required by this Code.
    (e) Method of source selection. When a contract is filed
with the Comptroller under this Section, the Comptroller's file
shall identify the method of source selection used in obtaining
the contract.
(Source: P.A. 96-794, eff. 1-1-10; 96-795, eff. 7-1-10; (see
Section 5 of P.A. 96-793 for the effective date of changes made
by P.A. 96-795); revised 12-1-09.)
 
    (30 ILCS 500/50-11)
    (Text of Section before amendment by P.A. 96-795)
    Sec. 50-11. Debt delinquency.
    (a) No person shall submit a bid for or enter into a
contract with a State agency under this Code if that person
knows or should know that he or she or any affiliate is
delinquent in the payment of any debt to the State, unless the
person or affiliate has entered into a deferred payment plan to
pay off the debt. For purposes of this Section, the phrase
"delinquent in the payment of any debt" shall be determined by
the Debt Collection Bureau. For purposes of this Section, the
term "affiliate" means any entity that (1) directly,
indirectly, or constructively controls another entity, (2) is
directly, indirectly, or constructively controlled by another
entity, or (3) is subject to the control of a common entity.
For purposes of this subsection (a), a person controls an
entity if the person owns, directly or individually, more than
10% of the voting securities of that entity. As used in this
subsection (a), the term "voting security" means a security
that (1) confers upon the holder the right to vote for the
election of members of the board of directors or similar
governing body of the business or (2) is convertible into, or
entitles the holder to receive upon its exercise, a security
that confers such a right to vote. A general partnership
interest is a voting security.
    (b) Every bid submitted to and contract executed by the
State shall contain a certification by the bidder or contractor
that the contractor and its affiliate is not barred from being
awarded a contract under this Section and that the contractor
acknowledges that the contracting State agency may declare the
contract void if the certification completed pursuant to this
subsection (b) is false.
(Source: P.A. 96-493, eff. 1-1-10.)
 
    (Text of Section after amendment by P.A. 96-795)
    Sec. 50-11. Debt delinquency.
    (a) No person shall submit a bid for or enter into a
contract or subcontract under this Code if that person knows or
should know that he or she or any affiliate is delinquent in
the payment of any debt to the State, unless the person or
affiliate has entered into a deferred payment plan to pay off
the debt. For purposes of this Section, the phrase "delinquent
in the payment of any debt" shall be determined by the Debt
Collection Bureau. For purposes of this Section, the term
"affiliate" means any entity that (1) directly, indirectly, or
constructively controls another entity, (2) is directly,
indirectly, or constructively controlled by another entity, or
(3) is subject to the control of a common entity. For purposes
of this subsection (a), a person controls an entity if the
person owns, directly or individually, more than 10% of the
voting securities of that entity. As used in this subsection
(a), the term "voting security" means a security that (1)
confers upon the holder the right to vote for the election of
members of the board of directors or similar governing body of
the business or (2) is convertible into, or entitles the holder
to receive upon its exercise, a security that confers such a
right to vote. A general partnership interest is a voting
security.
    (b) Every bid submitted to and contract executed by the
State and every subcontract subject to Section 20-120 of this
Code shall contain a certification by the bidder, contractor,
or subcontractor, respectively, that the contractor or the
subcontractor and its affiliate is not barred from being
awarded a contract or subcontract under this Section and
acknowledges that the chief procurement officer may declare the
related contract void if any of the certifications completed
pursuant to this subsection (b) are false.
(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for effective date of changes made by
P.A. 96-795); revised 12-1-09.)
 
    (30 ILCS 500/50-60)
    (Text of Section before amendment by P.A. 96-795)
    Sec. 50-60. Voidable contracts.
    (a) If any contract is entered into or purchase or
expenditure of funds is made in violation of this Code or any
other law, the contract may be declared void by the chief
procurement officer or may be ratified and affirmed, provided
the chief procurement officer determines that ratification is
in the best interests of the State. If the contract is ratified
and affirmed, it shall be without prejudice to the State's
rights to any appropriate damages.
    (b) If, during the term of a contract, the contracting
agency determines that the contractor is delinquent in the
payment of debt as set forth in Section 50-11 of this Code, the
State agency may declare the contract void if it determines
that voiding the contract is in the best interests of the
State. The Debt Collection Bureau shall adopt rules for the
implementation of this subsection (b).
    (c) If, during the term of a contract, the contracting
agency determines that the contractor is in violation of
Section 50-10.5 of this Code, the contracting agency shall
declare the contract void.
(Source: P.A. 96-493, eff. 1-1-10.)
 
    (Text of Section after amendment by P.A. 96-795)
    Sec. 50-60. Voidable contracts.
    (a) If any contract or amendment thereto is entered into or
purchase or expenditure of funds is made at any time in
violation of this Code or any other law, the contract or
amendment thereto may be declared void by the chief procurement
officer or may be ratified and affirmed, provided the chief
procurement officer determines that ratification is in the best
interests of the State. If the contract is ratified and
affirmed, it shall be without prejudice to the State's rights
to any appropriate damages.
    (b) If, during the term of a contract, the chief
procurement officer determines that the contractor is
delinquent in the payment of debt as set forth in Section 50-11
of this Code, the chief procurement officer may declare the
contract void if it determines that voiding the contract is in
the best interests of the State. The Debt Collection Bureau
shall adopt rules for the implementation of this subsection
(b).
    (c) If, during the term of a contract, the chief
procurement officer determines that the contractor is in
violation of Section 50-10.5 of this Code, the chief
procurement officer shall declare the contract void.
    (d) If, during the term of a contract, the contracting
agency learns from an annual certification or otherwise
determines that the contractor no longer qualifies to enter
into State contracts by reason of Section 50-5, 50-10, 50-12,
50-14, or 50-14.5 of this Article, the chief procurement
officer may declare the contract void if it determines that
voiding the contract is in the best interests of the State.
    (e) If, during the term of a contract, the chief
procurement officer learns from an annual certification or
otherwise determines that a subcontractor subject to Section
20-120 no longer qualifies to enter into State contracts by
reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or
50-14.5 of this Article, the chief procurement officer may
declare the related contract void if it determines that voiding
the contract is in the best interests of the State.
    (f) The changes to this Section made by Public Act 96-795
this amendatory Act of the 96th General Assembly apply to
actions taken by the chief procurement officer on or after July
1, 2010 its effective date.
(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for the effective date of changes made
by P.A. 96-795); revised 12-1-09.)
 
    Section 160. The State Prompt Payment Act is amended by
changing Section 3-2 as follows:
 
    (30 ILCS 540/3-2)
    Sec. 3-2. Beginning July 1, 1993, in any instance where a
State official or agency is late in payment of a vendor's bill
or invoice for goods or services furnished to the State, as
defined in Section 1, properly approved in accordance with
rules promulgated under Section 3-3, the State official or
agency shall pay interest to the vendor in accordance with the
following:
        (1) Any bill, except a bill submitted under Article V
    of the Illinois Public Aid Code, approved for payment under
    this Section must be paid or the payment issued to the
    payee within 60 days of receipt of a proper bill or
    invoice. If payment is not issued to the payee within this
    60 day period, an interest penalty of 1.0% of any amount
    approved and unpaid shall be added for each month or
    fraction thereof after the end of this 60 day period, until
    final payment is made. Any bill submitted under Article V
    of the Illinois Public Aid Code approved for payment under
    this Section must be paid or the payment issued to the
    payee within 60 days after receipt of a proper bill or
    invoice, and, if payment is not issued to the payee within
    this 60-day period, an interest penalty of 2.0% of any
    amount approved and unpaid shall be added for each month or
    fraction thereof after the end of this 60-day period, until
    final payment is made.
        (1.1) A State agency shall review in a timely manner
    each bill or invoice after its receipt. If the State agency
    determines that the bill or invoice contains a defect
    making it unable to process the payment request, the agency
    shall notify the vendor requesting payment as soon as
    possible after discovering the defect pursuant to rules
    promulgated under Section 3-3; provided, however, that the
    notice for construction related bills or invoices must be
    given not later than 30 days after the bill or invoice was
    first submitted. The notice shall identify the defect and
    any additional information necessary to correct the
    defect. If one or more items on a construction related bill
    or invoice are disapproved, but not the entire bill or
    invoice, then the portion that is not disapproved shall be
    paid.
        (2) Where a State official or agency is late in payment
    of a vendor's bill or invoice properly approved in
    accordance with this Act, and different late payment terms
    are not reduced to writing as a contractual agreement, the
    State official or agency shall automatically pay interest
    penalties required by this Section to the appropriate
    vendor. Each agency shall be responsible for determining
    whether an interest penalty is owed and for paying the
    interest to the vendor. In the event an individual has paid
    a vendor for services in advance, the provisions of this
    Section shall apply until payment is made to that
    individual.
(Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10;
revised 11-25-09.)
 
    Section 165. The Public Construction Bond Act is amended by
changing Sections 1 and 3 as follows:
 
    (30 ILCS 550/1)  (from Ch. 29, par. 15)
    Sec. 1. Except as otherwise provided by this Act, all
officials, boards, commissions, or agents of this State in
making contracts for public work of any kind costing over
$50,000 to be performed for the State, and all officials,
boards, commissions, or agents of any political subdivision of
this State in making contracts for public work of any kind
costing over $5,000 to be performed for the political
subdivision, shall require every contractor for the work to
furnish, supply and deliver a bond to the State, or to the
political subdivision thereof entering into the contract, as
the case may be, with good and sufficient sureties. The amount
of the bond shall be fixed by the officials, boards,
commissions, commissioners or agents, and the bond, among other
conditions, shall be conditioned for the completion of the
contract, for the payment of material used in the work and for
all labor performed in the work, whether by subcontractor or
otherwise.
    If the contract is for emergency repairs as provided in the
Illinois Procurement Code, proof of payment for all labor,
materials, apparatus, fixtures, and machinery may be furnished
in lieu of the bond required by this Section.
    Each such bond is deemed to contain the following
provisions whether such provisions are inserted in such bond or
not:
    "The principal and sureties on this bond agree that all the
undertakings, covenants, terms, conditions and agreements of
the contract or contracts entered into between the principal
and the State or any political subdivision thereof will be
performed and fulfilled and to pay all persons, firms and
corporations having contracts with the principal or with
subcontractors, all just claims due them under the provisions
of such contracts for labor performed or materials furnished in
the performance of the contract on account of which this bond
is given, when such claims are not satisfied out of the
contract price of the contract on account of which this bond is
given, after final settlement between the officer, board,
commission or agent of the State or of any political
subdivision thereof and the principal has been made.".
    Each bond securing contracts between the Capital
Development Board or any board of a public institution of
higher education and a contractor shall contain the following
provisions, whether the provisions are inserted in the bond or
not:
    "Upon the default of the principal with respect to
undertakings, covenants, terms, conditions, and agreements,
the termination of the contractor's right to proceed with the
work, and written notice of that default and termination by the
State or any political subdivision to the surety ("Notice"),
the surety shall promptly remedy the default by taking one of
the following actions:
        (1) The surety shall complete the work pursuant to a
    written takeover agreement, using a completing contractor
    jointly selected by the surety and the State or any
    political subdivision; or
        (2) The surety shall pay a sum of money to the obligee,
    up to the penal sum of the bond, that represents the
    reasonable cost to complete the work that exceeds the
    unpaid balance of the contract sum.
    The surety shall respond to the Notice within 15 working
days of receipt indicating the course of action that it intends
to take or advising that it requires more time to investigate
the default and select a course of action. If the surety
requires more than 15 working days to investigate the default
and select a course of action or if the surety elects to
complete the work with a completing contractor that is not
prepared to commence performance within 15 working days after
receipt of Notice, and if the State or any political
subdivision determines it is in the best interest of the State
to maintain the progress of the work, the State or any
political subdivision may continue to work until the completing
contractor is prepared to commence performance. Unless
otherwise agreed to by the procuring agency, in no case may the
surety take longer than 30 working days to advise the State or
political subdivision on the course of action it intends to
take. The surety shall be liable for reasonable costs incurred
by the State or any political subdivision to maintain the
progress to the extent the costs exceed the unpaid balance of
the contract sum, subject to the penal sum of the bond.".
    The surety bond required by this Section may be acquired
from the company, agent or broker of the contractor's choice.
The bond and sureties shall be subject to the right of
reasonable approval or disapproval, including suspension, by
the State or political subdivision thereof concerned. In the
case of State construction contracts, a contractor shall not be
required to post a cash bond or letter of credit in addition to
or as a substitute for the surety bond required by this
Section.
    When other than motor fuel tax funds, federal-aid funds, or
other funds received from the State are used, a political
subdivision may allow the contractor to provide a
non-diminishing irrevocable bank letter of credit, in lieu of
the bond required by this Section, on contracts under $100,000
to comply with the requirements of this Section. Any such bank
letter of credit shall contain all provisions required for
bonds by this Section.
(Source: P.A. 95-1011, eff. 12-15-08; revised 10-30-09.)
 
    (30 ILCS 550/3)
    Sec. 3. Builder or developer cash bond or other surety.
    (a) A county or municipality may not require a cash bond,
irrevocable letter of credit, surety bond, or letter of
commitment issued by a bank, savings and loan association,
surety, or insurance company from a builder or developer to
guarantee completion of a project improvement when the builder
or developer has filed with the county or municipal clerk a
current, irrevocable letter of credit, surety bond, or letter
of commitment issued by a bank, savings and loan association,
surety, or insurance company, deemed good and sufficient by the
county or municipality accepting such security, in an amount
equal to or greater than 110% of the amount of the bid on each
project improvement. A builder or developer has the option to
utilize a cash bond, irrevocable letter of credit, surety bond,
or letter of commitment, issued by a bank, savings and loan
association, surety, or insurance company, deemed good and
sufficient by the county or municipality, to satisfy any cash
bond requirement established by a county or municipality.
Except for a municipality or county with a population of
1,000,000 or more, the county or municipality must approve and
deem a surety or insurance company good and sufficient for the
purposes set forth in this Section if the surety or insurance
company is authorized by the Illinois Department of Insurance
to sell and issue sureties in the State of Illinois.
    (b) If a county or municipality receives a cash bond,
irrevocable letter of credit, or surety bond from a builder or
developer to guarantee completion of a project improvement, the
county or municipality shall (i) register the bond under the
address of the project and the construction permit number and
(ii) give the builder or developer a receipt for the bond. The
county or municipality shall establish and maintain a separate
account for all cash bonds received from builders and
developers to guarantee completion of a project improvement.
    (c) The county or municipality shall refund a cash bond to
a builder or developer, or release the irrevocable letter of
credit or surety bond, within 60 days after the builder or
developer notifies the county or municipality in writing of the
completion of the project improvement for which the bond was
required. For these purposes, "completion" means that the
county or municipality has determined that the project
improvement for which the bond was required is complete or a
licensed engineer or licensed architect has certified to the
builder or developer and the county or municipality that the
project improvement has been completed to the applicable codes
and ordinances. The county or municipality shall pay interest
to the builder or developer, beginning 60 days after the
builder or developer notifies the county or municipality in
writing of the completion of the project improvement, on any
bond not refunded to a builder or developer, at the rate of 1%
per month.
    (d) A home rule county or municipality may not require or
maintain cash bonds, irrevocable letters of credit, surety
bonds, or letters of commitment issued by a bank, savings and
loan association, surety, or insurance company from builders or
developers in a manner inconsistent with this Section. This
Section supersedes supercedes and controls over other
provisions of the Counties Code or Illinois Municipal Code as
they apply to and guarantee completion of a project improvement
that is required by the county or municipality, regardless of
whether the project improvement is a condition of annexation
agreements. This Section is a denial and limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by a home rule county
or municipality of powers and functions exercised by the State.
(Source: P.A. 92-479, eff. 1-1-02; revised 10-30-09.)
 
    Section 170. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Sections 2 and 4 as follows:
 
    (30 ILCS 575/2)
    (Text of Section before amendment by P.A. 96-795)
    (Section scheduled to be repealed on June 30, 2010)
    Sec. 2. Definitions.
    (A) For the purpose of this Act, the following terms shall
have the following definitions:
    (1) "Minority person" shall mean a person who is a citizen
or lawful permanent resident of the United States and who is:
        (a) African American (a person having origins in any of
    the black racial groups in Africa);
        (b) Hispanic (a person of Spanish or Portuguese culture
    with origins in Mexico, South or Central America, or the
    Caribbean Islands, regardless of race);
        (c) Asian American (a person having origins in any of
    the original peoples of the Far East, Southeast Asia, the
    Indian Subcontinent or the Pacific Islands); or
        (d) Native American or Alaskan Native (a person having
    origins in any of the original peoples of North America).
    (2) "Female" shall mean a person who is a citizen or lawful
permanent resident of the United States and who is of the
female gender.
    (2.05) "Person with a disability" means a person who is a
citizen or lawful resident of the United States and is a person
qualifying as being disabled under subdivision (2.1) of this
subsection (A).
    (2.1) "Disabled" means a severe physical or mental
disability that:
    (a) results from:
    amputation,
    arthritis,
    autism,
    blindness,
    burn injury,
    cancer,
    cerebral palsy,
    Crohn's disease,
    cystic fibrosis,
    deafness,
    head injury,
    heart disease,
    hemiplegia,
    hemophilia,
    respiratory or pulmonary dysfunction,
    mental retardation,
    mental illness,
    multiple sclerosis,
    muscular dystrophy,
    musculoskeletal disorders,
    neurological disorders, including stroke and epilepsy,
    paraplegia,
    quadriplegia and other spinal cord conditions,
    sickle cell anemia,
    ulcerative colitis,
    specific learning disabilities, or
    end stage renal failure disease; and
    (b) substantially limits one or more of the person's major
life activities.
    Another disability or combination of disabilities may also
be considered as a severe disability for the purposes of item
(a) of this subdivision (2.1) if it is determined by an
evaluation of rehabilitation potential to cause a comparable
degree of substantial functional limitation similar to the
specific list of disabilities listed in item (a) of this
subdivision (2.1).
    (3) "Minority owned business" means a business concern
which is at least 51% owned by one or more minority persons, or
in the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who own
it.
    (4) "Female owned business" means a business concern which
is at least 51% owned by one or more females, or, in the case of
a corporation, at least 51% of the stock in which is owned by
one or more females; and the management and daily business
operations of which are controlled by one or more of the
females who own it.
    (4.1) "Business owned by a person with a disability" means
a business concern that is at least 51% owned by one or more
persons with a disability and the management and daily business
operations of which are controlled by one or more of the
persons with disabilities who own it. A not-for-profit agency
for persons with disabilities that is exempt from taxation
under Section 501 of the Internal Revenue Code of 1986 is also
considered a "business owned by a person with a disability".
    (4.2) "Council" means the Business Enterprise Council for
Minorities, Females, and Persons with Disabilities created
under Section 5 of this Act.
    (5) "State contracts" shall mean all State contracts,
funded exclusively with State funds which are not subject to
federal reimbursement, whether competitively bid or negotiated
as defined by the Secretary of the Council and approved by the
Council.
    "State construction contracts" means all State contracts
entered into by a State agency or State university for the
repair, remodeling, renovation or construction of a building or
structure, or for the construction or maintenance of a highway
defined in Article 2 of the Illinois Highway Code.
    (6) "State agencies" shall mean all departments, officers,
boards, commissions, institutions and bodies politic and
corporate of the State, but does not include the Board of
Trustees of the University of Illinois, the Board of Trustees
of Southern Illinois University, the Board of Trustees of
Chicago State University, the Board of Trustees of Eastern
Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State constitutional
officers.
    (7) "State universities" shall mean the Board of Trustees
of the University of Illinois, the Board of Trustees of
Southern Illinois University, the Board of Trustees of Chicago
State University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, and the
Board of Trustees of Western Illinois University.
    (8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to make
certifications, or by a State agency with statutory authority
to make such a certification, that a business entity is a
business owned by a minority, female, or person with a
disability for whatever purpose.
    (9) "Control" means the exclusive or ultimate and sole
control of the business including, but not limited to, capital
investment and all other financial matters, property,
acquisitions, contract negotiations, legal matters,
officer-director-employee selection and comprehensive hiring,
operating responsibilities, cost-control matters, income and
dividend matters, financial transactions and rights of other
shareholders or joint partners. Control shall be real,
substantial and continuing, not pro forma. Control shall
include the power to direct or cause the direction of the
management and policies of the business and to make the
day-to-day as well as major decisions in matters of policy,
management and operations. Control shall be exemplified by
possessing the requisite knowledge and expertise to run the
particular business and control shall not include simple
majority or absentee ownership.
    (10) "Business concern or business" means a business that
has average annual gross sales over the 3 most recent calendar
years of less than $31,400,000 as evidenced by the federal
income tax return of the business. A firm with gross sales in
excess of this cap may apply to the Council for certification
for a particular contract if the firm can demonstrate that the
contract would have significant impact on businesses owned by
minorities, females, or persons with disabilities as suppliers
or subcontractors or in employment of minorities, females, or
persons with disabilities.
    (B) When a business concern is owned at least 51% by any
combination of minority persons, females, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes of
this Act is considered to be met. The certification category
for the business is that of the class holding the largest
ownership interest in the business. If 2 or more classes have
equal ownership interests, the certification category shall be
determined by the Department of Central Management Services.
(Source: P.A. 95-344, eff. 8-21-07; 96-453, eff. 8-14-09.)
 
    (Text of Section after amendment by P.A. 96-795)
    (Section scheduled to be repealed on June 30, 2010)
    Sec. 2. Definitions.
    (A) For the purpose of this Act, the following terms shall
have the following definitions:
    (1) "Minority person" shall mean a person who is a citizen
or lawful permanent resident of the United States and who is:
        (a) African American (a person having origins in any of
    the black racial groups in Africa);
        (b) Hispanic (a person of Spanish or Portuguese culture
    with origins in Mexico, South or Central America, or the
    Caribbean Islands, regardless of race);
        (c) Asian American (a person having origins in any of
    the original peoples of the Far East, Southeast Asia, the
    Indian Subcontinent or the Pacific Islands); or
        (d) Native American or Alaskan Native (a person having
    origins in any of the original peoples of North America).
    (2) "Female" shall mean a person who is a citizen or lawful
permanent resident of the United States and who is of the
female gender.
    (2.05) "Person with a disability" means a person who is a
citizen or lawful resident of the United States and is a person
qualifying as being disabled under subdivision (2.1) of this
subsection (A).
    (2.1) "Disabled" means a severe physical or mental
disability that:
    (a) results from:
    amputation,
    arthritis,
    autism,
    blindness,
    burn injury,
    cancer,
    cerebral palsy,
    Crohn's disease,
    cystic fibrosis,
    deafness,
    head injury,
    heart disease,
    hemiplegia,
    hemophilia,
    respiratory or pulmonary dysfunction,
    mental retardation,
    mental illness,
    multiple sclerosis,
    muscular dystrophy,
    musculoskeletal disorders,
    neurological disorders, including stroke and epilepsy,
    paraplegia,
    quadriplegia and other spinal cord conditions,
    sickle cell anemia,
    ulcerative colitis,
    specific learning disabilities, or
    end stage renal failure disease; and
    (b) substantially limits one or more of the person's major
life activities.
    Another disability or combination of disabilities may also
be considered as a severe disability for the purposes of item
(a) of this subdivision (2.1) if it is determined by an
evaluation of rehabilitation potential to cause a comparable
degree of substantial functional limitation similar to the
specific list of disabilities listed in item (a) of this
subdivision (2.1).
    (3) "Minority owned business" means a business concern
which is at least 51% owned by one or more minority persons, or
in the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who own
it.
    (4) "Female owned business" means a business concern which
is at least 51% owned by one or more females, or, in the case of
a corporation, at least 51% of the stock in which is owned by
one or more females; and the management and daily business
operations of which are controlled by one or more of the
females who own it.
    (4.1) "Business owned by a person with a disability" means
a business concern that is at least 51% owned by one or more
persons with a disability and the management and daily business
operations of which are controlled by one or more of the
persons with disabilities who own it. A not-for-profit agency
for persons with disabilities that is exempt from taxation
under Section 501 of the Internal Revenue Code of 1986 is also
considered a "business owned by a person with a disability".
    (4.2) "Council" means the Business Enterprise Council for
Minorities, Females, and Persons with Disabilities created
under Section 5 of this Act.
    (5) "State contracts" shall mean all State contracts,
funded exclusively with State funds which are not subject to
federal reimbursement, whether competitively bid or negotiated
as defined by the Secretary of the Council and approved by the
Council.
    "State construction contracts" means all State contracts
entered into by a State agency or State university for the
repair, remodeling, renovation or construction of a building or
structure, or for the construction or maintenance of a highway
defined in Article 2 of the Illinois Highway Code.
    (6) "State agencies" shall mean all departments, officers,
boards, commissions, institutions and bodies politic and
corporate of the State, but does not include the Board of
Trustees of the University of Illinois, the Board of Trustees
of Southern Illinois University, the Board of Trustees of
Chicago State University, the Board of Trustees of Eastern
Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State constitutional
officers.
    (7) "State universities" shall mean the Board of Trustees
of the University of Illinois, the Board of Trustees of
Southern Illinois University, the Board of Trustees of Chicago
State University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, and the
Board of Trustees of Western Illinois University.
    (8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to make
certifications, or by a State agency with statutory authority
to make such a certification, that a business entity is a
business owned by a minority, female, or person with a
disability for whatever purpose. A business owned and
controlled by females shall select and designate whether such
business is to be certified as a "Female-owned business" or
"Minority-owned business" if the females are also minorities.
    (9) "Control" means the exclusive or ultimate and sole
control of the business including, but not limited to, capital
investment and all other financial matters, property,
acquisitions, contract negotiations, legal matters,
officer-director-employee selection and comprehensive hiring,
operating responsibilities, cost-control matters, income and
dividend matters, financial transactions and rights of other
shareholders or joint partners. Control shall be real,
substantial and continuing, not pro forma. Control shall
include the power to direct or cause the direction of the
management and policies of the business and to make the
day-to-day as well as major decisions in matters of policy,
management and operations. Control shall be exemplified by
possessing the requisite knowledge and expertise to run the
particular business and control shall not include simple
majority or absentee ownership.
    (10) "Business concern or business" means a business that
has annual gross sales of less than $75,000,000 as evidenced by
the federal income tax return of the business. A firm with
gross sales in excess of this cap may apply to the Council for
certification for a particular contract if the firm can
demonstrate that the contract would have significant impact on
businesses owned by minorities, females, or persons with
disabilities as suppliers or subcontractors or in employment of
minorities, females, or persons with disabilities.
    (B) When a business concern is owned at least 51% by any
combination of minority persons, females, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes of
this Act is considered to be met. The certification category
for the business is that of the class holding the largest
ownership interest in the business. If 2 or more classes have
equal ownership interests, the certification category shall be
determined by the business concern.
(Source: P.A. 95-344, eff. 8-21-07; 96-453, eff. 8-14-09;
96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for effective
date of changes made by P.A. 96-795); revised 12-1-09.)
 
    (30 ILCS 575/4)  (from Ch. 127, par. 132.604)
    (Text of Section before amendment by P.A. 96-795)
    (Section scheduled to be repealed on June 30, 2010)
    Sec. 4. Award of State contracts.
    (a) Except as provided in subsections (b) and (c), not less
than 12% of the total dollar amount of State contracts, as
defined by the Secretary of the Council and approved by the
Council, shall be established as a goal to be awarded to
businesses owned by minorities, females, and persons with
disabilities; provided, however, that contracts representing
at least five-twelfths of the total amount of all State
contracts awarded to businesses owned by minorities, females,
and persons with disabilities pursuant to this Section shall be
awarded to female owned businesses, and that contracts
representing at least one-sixth of the total amount of all
State contracts awarded to businesses owned by minorities,
females, and persons with disabilities pursuant to this Section
shall be awarded to businesses owned by persons with
disabilities.
    The above percentage relates to the total dollar amount of
State contracts during each State fiscal year, calculated by
examining independently each type of contract for each agency
or university which lets such contracts. Only that percentage
of arrangements which represents the participation of
businesses owned by minorities, females, and persons with
disabilities on such contracts shall be included.
    (b) In the case of State construction contracts, the
provisions of subsection (a) requiring a portion of State
contracts to be awarded to businesses owned and controlled by
persons with disabilities do not apply. Not less than 10% of
the total dollar amount of State construction contracts is
established as a goal to be awarded to minority and female
owned businesses, and contracts representing 50% of the amount
of all State construction contracts awarded to minority and
female owned businesses shall be awarded to female owned
businesses.
    (c) In the case of all work undertaken by the University of
Illinois related to the planning, organization, and staging of
the games, the University of Illinois shall establish a goal of
awarding not less than 25% of the annual dollar value of all
contracts, purchase orders, and other agreements (collectively
referred to as "the contracts") to minority-owned businesses or
businesses owned by a person with a disability and 5% of the
annual dollar value the contracts to female-owned businesses.
For purposes of this subsection, the term "games" has the
meaning set forth in the Olympic Games and Paralympic Games
(2016) Law.
    (d) (c) Within one year after April 28, 2009 (the effective
date of Public Act 96-8) this amendatory Act of the 96th
General Assembly, the Department of Central Management
Services shall conduct a social scientific study that measures
the impact of discrimination on minority and female business
development in Illinois. Within 18 months after April 28, 2009
(the effective date of Public Act 96-8) this amendatory Act,
the Department shall issue a report of its findings and any
recommendations on whether to adjust the goals for minority and
female participation established in this Act. Copies of this
report and the social scientific study shall be filed with the
Governor and the General Assembly.
    (e) (c) Those who submit bids or proposals for State
contracts shall not be given a period after the bid or proposal
is submitted to cure deficiencies in the bid or proposal under
this Act unless mandated by federal law or regulation.
(Source: P.A. 96-7, eff. 4-3-09; 96-8, eff. 4-28-09; 96-706,
eff. 8-25-09; revised 11-4-09.)
 
    (Text of Section after amendment by P.A. 96-795)
    (Section scheduled to be repealed on June 30, 2010)
    Sec. 4. Award of State contracts.
    (a) Except as provided in subsections (b) and (c), not less
than 20% of the total dollar amount of State contracts, as
defined by the Secretary of the Council and approved by the
Council, shall be established as a goal to be awarded to
businesses owned by minorities, females, and persons with
disabilities; provided, however, that of the total amount of
all State contracts awarded to businesses owned by minorities,
females, and persons with disabilities pursuant to this
Section, contracts representing at least 11% shall be awarded
to businesses owned by minorities, contracts representing at
least 7% shall be awarded to female-owned businesses, and
contracts representing at least 2% shall be awarded to
businesses owned by persons with disabilities.
    The above percentage relates to the total dollar amount of
State contracts during each State fiscal year, calculated by
examining independently each type of contract for each agency
or university which lets such contracts. Only that percentage
of arrangements which represents the participation of
businesses owned by minorities, females, and persons with
disabilities on such contracts shall be included.
    (b) In the case of State construction contracts, the
provisions of subsection (a) requiring a portion of State
contracts to be awarded to businesses owned and controlled by
persons with disabilities do not apply. Not less than 10% of
the total dollar amount of State construction contracts is
established as a goal to be awarded to minority and female
owned businesses, and contracts representing 50% of the amount
of all State construction contracts awarded to minority and
female owned businesses shall be awarded to female owned
businesses.
    (c) In the case of all work undertaken by the University of
Illinois related to the planning, organization, and staging of
the games, the University of Illinois shall establish a goal of
awarding not less than 25% of the annual dollar value of all
contracts, purchase orders, and other agreements (collectively
referred to as "the contracts") to minority-owned businesses or
businesses owned by a person with a disability and 5% of the
annual dollar value the contracts to female-owned businesses.
For purposes of this subsection, the term "games" has the
meaning set forth in the Olympic Games and Paralympic Games
(2016) Law.
    (d) Within one year after April 28, 2009 (the effective
date of Public Act 96-8), the Department of Central Management
Services shall conduct a social scientific study that measures
the impact of discrimination on minority and female business
development in Illinois. Within 18 months after April 28, 2009
(the effective date of Public Act 96-8), the Department shall
issue a report of its findings and any recommendations on
whether to adjust the goals for minority and female
participation established in this Act. Copies of this report
and the social scientific study shall be filed with the
Governor and the General Assembly.
    (e) (c) Those who submit bids or proposals for State
contracts shall not be given a period after the bid or proposal
is submitted to cure deficiencies in the bid or proposal under
this Act unless mandated by federal law or regulation.
(Source: P.A. 96-7, eff. 4-3-09; 96-8, eff. 4-28-09; 96-706,
eff. 8-25-09; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); revised
11-4-09.)
 
    Section 175. The State Property Control Act is amended by
changing Section 7.1 as follows:
 
    (30 ILCS 605/7.1)  (from Ch. 127, par. 133b10.1)
    Sec. 7.1. (a) Except as otherwise provided by law, all
surplus real property held by the State of Illinois shall be
disposed of by the administrator as provided in this Section.
"Surplus real property," as used in this Section, means any
real property to which the State holds fee simple title or
lesser interest, and is vacant, unoccupied or unused and which
has no foreseeable use by the owning agency.
    (b) All responsible officers shall submit an Annual Real
Property Utilization Report to the Administrator, or annual
update of such report, on forms required by the Administrator,
by July 31 of each year. The Administrator may require such
documentation as he deems reasonably necessary in connection
with this Report, and shall require that such Report include
the following information:
    (1) A legal description of all real property owned by the
State under the control of the responsible officer.
    (2) A description of the use of the real property listed
under (1).
    (3) A list of any improvements made to such real property
during the previous year.
    (4) The dates on which the State first acquired its
interest in such real property, and the purchase price and
source of the funds used to acquire the property.
    (5) Plans for the future use of currently unused real
property.
    (6) A declaration of any surplus real property. On or
before October 31 of each year the Administrator shall furnish
copies of each responsible officer's report along with a list
of surplus property indexed by legislative district to the
General Assembly.
    This report shall be filed with the Speaker, the Minority
Leader and the Clerk of the House of Representatives and the
President, the Minority Leader and the Secretary of the Senate
and shall be duplicated and made available to the members of
the General Assembly for evaluation by such members for
possible liquidation of unused public property at public sale.
    (c) Following receipt of the Annual Real Property
Utilization Report required under paragraph (b), the
Administrator shall notify all State agencies by October 31 of
all declared surplus real property. Any State agency may submit
a written request to the Administrator, within 60 days of the
date of such notification, to have control of surplus real
property transferred to that agency. Such request must indicate
the reason for the transfer and the intended use to be made of
such surplus real property. The Administrator may deny any or
all such requests by a State agency or agencies if the
Administrator determines that it is more advantageous to the
State to dispose of the surplus real property under paragraph
(d). In case requests for the same surplus real property are
received from more than one State agency, the Administrator
shall weigh the benefits to the State and determine to which
agency, if any, to transfer control of such property. The
Administrator shall coordinate the use and disposal of State
surplus real property with any State space utilization program.
    (d) Any surplus real property which is not transferred to
the control of another State agency under paragraph (c) shall
be disposed of by the Administrator. No appraisal is required
if during his initial survey of surplus real property the
Administrator determines such property has a fair market value
of less than $5,000. If the value of such property is
determined by the Administrator in his initial survey to be
$5,000 or more, then the Administrator shall obtain 3
appraisals of such real property, one of which shall be
performed by an appraiser residing in the county in which said
surplus real property is located. The average of these 3
appraisals, plus the costs of obtaining the appraisals, shall
represent the fair market value of the surplus real property.
No surplus real property may be conveyed by the Administrator
for less than the fair market value. Prior to offering the
surplus real property for sale to the public the Administrator
shall give notice in writing of the existence and fair market
value of the surplus real property to the governing bodies of
the county and of all cities, villages and incorporated towns
in the county in which such real property is located. Any such
governing body may exercise its option to acquire the surplus
real property for the fair market value within 60 days of the
notice. After the 60 day period has passed, the Administrator
may sell the surplus real property by public auction following
notice of such sale by publication on 3 separate days not less
than 15 nor more than 30 days prior to the sale in the State
newspaper and in a newspaper having general circulation in the
county in which the surplus real property is located. The
Administrator shall post "For Sale" signs of a conspicuous
nature on such surplus real property offered for sale to the
public. If no acceptable offers for the surplus real property
are received, the Administrator may have new appraisals of such
property made. The Administrator shall have all power necessary
to convey surplus real property under this Section. All moneys
received for the sale of surplus real property shall be
deposited in the General Revenue Fund, except that:
        (1) Where moneys expended for the acquisition of such
    real property were from a special fund which is still a
    special fund in the State treasury, this special fund shall
    be reimbursed in the amount of the original expenditure and
    any amount in excess thereof shall be deposited in the
    General Revenue Fund.
        (2) Whenever a State mental health facility operated by
    the Department of Human Services is closed and the real
    estate on which the facility is located is sold by the
    State, the net proceeds of the sale of the real estate
    shall be deposited into the Community Mental Health
    Medicaid Trust Fund.
        (3) Whenever a State developmental disabilities
    facility operated by the Department of Human Services is
    closed and the real estate on which the facility is located
    is sold by the State, the net proceeds of the sale of the
    real estate shall be deposited into the Community
    Developmental Disability Services Medicaid Trust Fund.
    The Administrator shall have authority to order such
surveys, abstracts of title, or commitments for title insurance
as may, in his reasonable discretion, be deemed necessary to
demonstrate to prospective purchasers or bidders good and
marketable title in any property offered for sale pursuant to
this Section. Unless otherwise specifically authorized by the
General Assembly, all conveyances of property made by the
Administrator shall be by quit claim deed.
    (e) The Administrator shall submit an annual report on or
before February 1 to the Governor and the General Assembly
containing a detailed statement of surplus real property either
transferred or conveyed under this Section.
(Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09;
revised 9-15-09.)
 
    Section 180. The State Mandates Act is amended by changing
Sections 8.32 and 8.33 as follows:
 
    (30 ILCS 805/8.32)
    Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by Public Act 95-741,
95-812, 95-875, 95-910, 95-950, or 95-978, 95-1015, 95-1036,
95-1049, or 95-1056 this amendatory Act of the 95th General
Assembly.
(Source: P.A. 95-741, eff. 7-18-08; 95-812, eff. 8-13-08;
95-875, eff. 1-1-09; 95-910, eff. 8-26-08; 95-950, eff.
8-29-08; 95-978, eff. 1-1-09; 95-1015, eff. 12-15-08; 95-1036,
eff. 2-17-09; 95-1049, eff. 1-1-10; 95-1056, eff. 4-10-09;
96-328, eff. 8-11-09; revised 10-19-09.)
 
    (30 ILCS 805/8.33)
    (Text of Section before amendment by P.A. 96-410)
    Sec. 8.33. Exempt mandate.
    (a) Notwithstanding the provisions of Sections 6 and 8 of
this Act, no reimbursement by the State is required for the
implementation of Section 5-42 of the Olympic Games and
Paralympic Games (2016) Law.
    (b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 96-139, 96-251, 96-260,
96-285, 96-297, 96-299, 96-343, 96-357, 96-429, 96-494,
96-505, 96-621, 96-650, 96-727, 96-745, 96-749, and 96-775 this
amendatory Act of the 96th General Assembly.
(Source: P.A. 96-7, eff. 4-3-09; 96-139, eff. 1-1-10; 96-251,
eff. 8-11-09; 96-260, eff. 8-11-09; 96-285, eff. 8-11-09;
96-297, eff. 8-11-09; 96-299, eff. 8-11-09; 96-299, eff.
8-11-09; 96-343, eff. 8-11-09; 96-357, eff. 8-13-09; 96-429,
eff. 8-13-09; 96-494, eff. 8-14-09; 96-505, eff. 8-14-09;
96-621, eff. 1-1-10; 96-650, eff. 1-1-10; 96-727, eff. 8-25-09;
96-745, eff. 8-25-09; 96-749, eff. 1-1-10; 96-775, eff.
8-28-09; revised 10-21-09.)
 
    (Text of Section after amendment by P.A. 96-410)
    Sec. 8.33. Exempt mandate.
    (a) Notwithstanding the provisions of Sections 6 and 8 of
this Act, no reimbursement by the State is required for the
implementation of Section 5-42 of the Olympic Games and
Paralympic Games (2016) Law.
    (b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 96-139, 96-251, 96-260,
96-285, 96-297, 96-299, 96-343, 96-357, 96-410, 96-429,
96-494, 96-505, 96-621, 96-650, 96-727, 96-745, 96-749, and
96-775 this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-7, eff. 4-3-09; 96-139, eff. 1-1-10; 96-251,
eff. 8-11-09; 96-260, eff. 8-11-09; 96-285, eff. 8-11-09;
96-297, eff. 8-11-09; 96-299, eff. 8-11-09; 96-299, eff.
8-11-09; 96-343, eff. 8-11-09; 96-357, eff. 8-13-09; 96-410,
eff. 7-1-10; 96-429, eff. 8-13-09; 96-494, eff. 8-14-09;
96-505, eff. 8-14-09; 96-621, eff. 1-1-10; 96-650, eff. 1-1-10;
96-727, eff. 8-25-09; 96-745, eff. 8-25-09; 96-749, eff.
1-1-10; 96-775, eff. 8-28-09; revised 10-21-09.)
 
    Section 185. The Illinois Income Tax Act is amended by
changing Sections 201, 606, and 807 and by setting forth,
renumbering, and changing multiple versions of Section 507SS as
follows:
 
    (35 ILCS 5/201)  (from Ch. 120, par. 2-201)
    Sec. 201. Tax Imposed.
    (a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate for
each taxable year ending after July 31, 1969 on the privilege
of earning or receiving income in or as a resident of this
State. Such tax shall be in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
    (b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
        (1) In the case of an individual, trust or estate, for
    taxable years ending prior to July 1, 1989, an amount equal
    to 2 1/2% of the taxpayer's net income for the taxable
    year.
        (2) In the case of an individual, trust or estate, for
    taxable years beginning prior to July 1, 1989 and ending
    after June 30, 1989, an amount equal to the sum of (i) 2
    1/2% of the taxpayer's net income for the period prior to
    July 1, 1989, as calculated under Section 202.3, and (ii)
    3% of the taxpayer's net income for the period after June
    30, 1989, as calculated under Section 202.3.
        (3) In the case of an individual, trust or estate, for
    taxable years beginning after June 30, 1989, an amount
    equal to 3% of the taxpayer's net income for the taxable
    year.
        (4) (Blank).
        (5) (Blank).
        (6) In the case of a corporation, for taxable years
    ending prior to July 1, 1989, an amount equal to 4% of the
    taxpayer's net income for the taxable year.
        (7) In the case of a corporation, for taxable years
    beginning prior to July 1, 1989 and ending after June 30,
    1989, an amount equal to the sum of (i) 4% of the
    taxpayer's net income for the period prior to July 1, 1989,
    as calculated under Section 202.3, and (ii) 4.8% of the
    taxpayer's net income for the period after June 30, 1989,
    as calculated under Section 202.3.
        (8) In the case of a corporation, for taxable years
    beginning after June 30, 1989, an amount equal to 4.8% of
    the taxpayer's net income for the taxable year.
    (c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal Property
Tax Replacement Income Tax measured by net income on every
corporation (including Subchapter S corporations), partnership
and trust, for each taxable year ending after June 30, 1979.
Such taxes are imposed on the privilege of earning or receiving
income in or as a resident of this State. The Personal Property
Tax Replacement Income Tax shall be in addition to the income
tax imposed by subsections (a) and (b) of this Section and in
addition to all other occupation or privilege taxes imposed by
this State or by any municipal corporation or political
subdivision thereof.
    (d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1, 1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in the case of a
partnership, trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
    (d-1) Rate reduction for certain foreign insurers. In the
case of a foreign insurer, as defined by Section 35A-5 of the
Illinois Insurance Code, whose state or country of domicile
imposes on insurers domiciled in Illinois a retaliatory tax
(excluding any insurer whose premiums from reinsurance assumed
are 50% or more of its total insurance premiums as determined
under paragraph (2) of subsection (b) of Section 304, except
that for purposes of this determination premiums from
reinsurance do not include premiums from inter-affiliate
reinsurance arrangements), beginning with taxable years ending
on or after December 31, 1999, the sum of the rates of tax
imposed by subsections (b) and (d) shall be reduced (but not
increased) to the rate at which the total amount of tax imposed
under this Act, net of all credits allowed under this Act,
shall equal (i) the total amount of tax that would be imposed
on the foreign insurer's net income allocable to Illinois for
the taxable year by such foreign insurer's state or country of
domicile if that net income were subject to all income taxes
and taxes measured by net income imposed by such foreign
insurer's state or country of domicile, net of all credits
allowed or (ii) a rate of zero if no such tax is imposed on such
income by the foreign insurer's state of domicile. For the
purposes of this subsection (d-1), an inter-affiliate includes
a mutual insurer under common management.
        (1) For the purposes of subsection (d-1), in no event
    shall the sum of the rates of tax imposed by subsections
    (b) and (d) be reduced below the rate at which the sum of:
            (A) the total amount of tax imposed on such foreign
        insurer under this Act for a taxable year, net of all
        credits allowed under this Act, plus
            (B) the privilege tax imposed by Section 409 of the
        Illinois Insurance Code, the fire insurance company
        tax imposed by Section 12 of the Fire Investigation
        Act, and the fire department taxes imposed under
        Section 11-10-1 of the Illinois Municipal Code,
    equals 1.25% for taxable years ending prior to December 31,
    2003, or 1.75% for taxable years ending on or after
    December 31, 2003, of the net taxable premiums written for
    the taxable year, as described by subsection (1) of Section
    409 of the Illinois Insurance Code. This paragraph will in
    no event increase the rates imposed under subsections (b)
    and (d).
        (2) Any reduction in the rates of tax imposed by this
    subsection shall be applied first against the rates imposed
    by subsection (b) and only after the tax imposed by
    subsection (a) net of all credits allowed under this
    Section other than the credit allowed under subsection (i)
    has been reduced to zero, against the rates imposed by
    subsection (d).
    This subsection (d-1) is exempt from the provisions of
Section 250.
    (e) Investment credit. A taxpayer shall be allowed a credit
against the Personal Property Tax Replacement Income Tax for
investment in qualified property.
        (1) A taxpayer shall be allowed a credit equal to .5%
    of the basis of qualified property placed in service during
    the taxable year, provided such property is placed in
    service on or after July 1, 1984. There shall be allowed an
    additional credit equal to .5% of the basis of qualified
    property placed in service during the taxable year,
    provided such property is placed in service on or after
    July 1, 1986, and the taxpayer's base employment within
    Illinois has increased by 1% or more over the preceding
    year as determined by the taxpayer's employment records
    filed with the Illinois Department of Employment Security.
    Taxpayers who are new to Illinois shall be deemed to have
    met the 1% growth in base employment for the first year in
    which they file employment records with the Illinois
    Department of Employment Security. The provisions added to
    this Section by Public Act 85-1200 (and restored by Public
    Act 87-895) shall be construed as declaratory of existing
    law and not as a new enactment. If, in any year, the
    increase in base employment within Illinois over the
    preceding year is less than 1%, the additional credit shall
    be limited to that percentage times a fraction, the
    numerator of which is .5% and the denominator of which is
    1%, but shall not exceed .5%. The investment credit shall
    not be allowed to the extent that it would reduce a
    taxpayer's liability in any tax year below zero, nor may
    any credit for qualified property be allowed for any year
    other than the year in which the property was placed in
    service in Illinois. For tax years ending on or after
    December 31, 1987, and on or before December 31, 1988, the
    credit shall be allowed for the tax year in which the
    property is placed in service, or, if the amount of the
    credit exceeds the tax liability for that year, whether it
    exceeds the original liability or the liability as later
    amended, such excess may be carried forward and applied to
    the tax liability of the 5 taxable years following the
    excess credit years if the taxpayer (i) makes investments
    which cause the creation of a minimum of 2,000 full-time
    equivalent jobs in Illinois, (ii) is located in an
    enterprise zone established pursuant to the Illinois
    Enterprise Zone Act and (iii) is certified by the
    Department of Commerce and Community Affairs (now
    Department of Commerce and Economic Opportunity) as
    complying with the requirements specified in clause (i) and
    (ii) by July 1, 1986. The Department of Commerce and
    Community Affairs (now Department of Commerce and Economic
    Opportunity) shall notify the Department of Revenue of all
    such certifications immediately. For tax years ending
    after December 31, 1988, the credit shall be allowed for
    the tax year in which the property is placed in service,
    or, if the amount of the credit exceeds the tax liability
    for that year, whether it exceeds the original liability or
    the liability as later amended, such excess may be carried
    forward and applied to the tax liability of the 5 taxable
    years following the excess credit years. The credit shall
    be applied to the earliest year for which there is a
    liability. If there is credit from more than one tax year
    that is available to offset a liability, earlier credit
    shall be applied first.
        (2) The term "qualified property" means property
    which:
            (A) is tangible, whether new or used, including
        buildings and structural components of buildings and
        signs that are real property, but not including land or
        improvements to real property that are not a structural
        component of a building such as landscaping, sewer
        lines, local access roads, fencing, parking lots, and
        other appurtenances;
            (B) is depreciable pursuant to Section 167 of the
        Internal Revenue Code, except that "3-year property"
        as defined in Section 168(c)(2)(A) of that Code is not
        eligible for the credit provided by this subsection
        (e);
            (C) is acquired by purchase as defined in Section
        179(d) of the Internal Revenue Code;
            (D) is used in Illinois by a taxpayer who is
        primarily engaged in manufacturing, or in mining coal
        or fluorite, or in retailing, or was placed in service
        on or after July 1, 2006 in a River Edge Redevelopment
        Zone established pursuant to the River Edge
        Redevelopment Zone Act; and
            (E) has not previously been used in Illinois in
        such a manner and by such a person as would qualify for
        the credit provided by this subsection (e) or
        subsection (f).
        (3) For purposes of this subsection (e),
    "manufacturing" means the material staging and production
    of tangible personal property by procedures commonly
    regarded as manufacturing, processing, fabrication, or
    assembling which changes some existing material into new
    shapes, new qualities, or new combinations. For purposes of
    this subsection (e) the term "mining" shall have the same
    meaning as the term "mining" in Section 613(c) of the
    Internal Revenue Code. For purposes of this subsection (e),
    the term "retailing" means the sale of tangible personal
    property for use or consumption and not for resale, or
    services rendered in conjunction with the sale of tangible
    personal property for use or consumption and not for
    resale. For purposes of this subsection (e), "tangible
    personal property" has the same meaning as when that term
    is used in the Retailers' Occupation Tax Act, and, for
    taxable years ending after December 31, 2008, does not
    include the generation, transmission, or distribution of
    electricity.
        (4) The basis of qualified property shall be the basis
    used to compute the depreciation deduction for federal
    income tax purposes.
        (5) If the basis of the property for federal income tax
    depreciation purposes is increased after it has been placed
    in service in Illinois by the taxpayer, the amount of such
    increase shall be deemed property placed in service on the