|
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 In certain cases in which a repealed Act or Section |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incorporate amendments to the repealed Act or Section into the |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 Act Acts repealed on January 1, 2010 and |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 (a) The following Acts are repealed on |
January 1, 2010: (b) The following Act is repealed on December |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).
|
|
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 |