Bill Text: IL HB3855 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Creates the First 2017 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2017-06-23 - Sent to the Governor [HB3855 Detail]

Download: Illinois-2017-HB3855-Enrolled.html



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1 AN ACT to revise the law by combining multiple enactments
2and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 2017 General
7Revisory Act.
8 (b) This Act is not intended to make any substantive change
9in the law. It reconciles conflicts that have arisen from
10multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

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1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4 (d) Public Acts 99-492 through 99-919 were considered in
5the preparation of the combining revisories included in this
6Act. Many of those combining revisories contain no striking or
7underscoring because no additional changes are being made in
8the material that is being combined.
9 Section 5. The Statute on Statutes is amended by changing
10Section 8 as follows:
11 (5 ILCS 70/8) (from Ch. 1, par. 1107)
12 Sec. 8. Omnibus Bond Acts.
13 (a) A citation to the Omnibus Bond Acts is a citation to
14all of the following Acts, collectively, as amended from time
15to time: the Bond Authorization Act, the Registered Bond Act,
16the Municipal Bond Reform Act, the Local Government Debt Reform
17Act, subsection (a) of Section 1-7 of the Property Tax
18Extension Limitation Act (now repealed), subsection (a) of
19Section 18-190 of the Property Tax Code, the Uniform Facsimile
20Signature of Public Officials Act, the Local Government Bond
21Validity Act, the Illinois Finance Authority Act, the Public
22Funds Investment Act, the Local Government Credit Enhancement
23Act, the Local Government Defeasance of Debt Law, the
24Intergovernmental Cooperation Act, the Local Government

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1Financial Planning and Supervision Act, the Special Assessment
2Supplemental Bond and Procedures Procedure Act, Section 12-5 of
3the Election Code, the State University Certificates of
4Participation Act, and any similar Act granting additional
5omnibus bond powers to governmental entities generally,
6whether enacted before, on, or after June 6, 1989 (the
7effective date of Public Act 86-4) this amendatory Act of 1989.
8 (b) The General Assembly recognizes that the proliferation
9of governmental entities has resulted in the enactment of
10hundreds of statutory provisions relating to the borrowing and
11other powers of governmental entities. The General Assembly
12addresses and has addressed problems common to all such
13governmental entities so that they have equal access to the
14municipal bond market. It has been, and will continue to be,
15the intention of the General Assembly to enact legislation
16applicable to governmental entities in an omnibus fashion, as
17has been done in the provisions of the Omnibus Bond Acts.
18 (c) It is and always has been the intention of the General
19Assembly that the Omnibus Bond Acts are and always have been
20supplementary grants of power, cumulative in nature and in
21addition to any power or authority granted in any other laws of
22the State. The Omnibus Bond Acts are supplementary grants of
23power when applied in connection with any similar grant of
24power or limitation contained in any other law of the State,
25whether or not the other law is enacted or amended after an
26Omnibus Bond Act or appears to be more restrictive than an

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1Omnibus Bond Act, unless the General Assembly expressly
2declares in such other law that a specifically named Omnibus
3Bond Act does not apply.
4 (d) All instruments providing for the payment of money
5executed by or on behalf of any governmental entity organized
6by or under the laws of this State, including without
7limitation the State, to carry out a public governmental or
8proprietary function, acting through its corporate
9authorities, or which any governmental entity has assumed or
10agreed to pay, which were:
11 (1) issued or authorized to be issued by proceedings
12 adopted by such corporate authorities before June 6, 1989
13 (the effective date of Public Act 86-4) this amendatory Act
14 of 1989;
15 (2) issued or authorized to be issued in accordance
16 with the procedures set forth in or pursuant to any
17 authorization contained in any of the Omnibus Bond Acts;
18 and
19 (3) issued or authorized to be issued for any purpose
20 authorized by the laws of this State, are valid and legally
21 binding obligations of the governmental entity issuing
22 such instruments, payable in accordance with their terms.
23(Source: P.A. 96-15, eff. 6-22-09; revised 9-2-16.)
24 Section 10. The Regulatory Sunset Act is amended by
25changing Section 4.37 as follows:

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1 (5 ILCS 80/4.37)
2 Sec. 4.37. Acts and Articles repealed on January 1, 2027.
3The following Acts are repealed on January 1, 2027:
4 The Clinical Psychologist Licensing Act.
5 The Illinois Optometric Practice Act of 1987.
6 Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
7XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
8 The Boiler and Pressure Vessel Repairer Regulation Act.
9(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1099-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.)
11 (5 ILCS 80/4.27 rep.)
12 Section 15. The Regulatory Sunset Act is amended by
13repealing Section 4.27.
14 Section 20. The Open Meetings Act is amended by changing
15Section 2 as follows:
16 (5 ILCS 120/2) (from Ch. 102, par. 42)
17 Sec. 2. Open meetings.
18 (a) Openness required. All meetings of public bodies shall
19be open to the public unless excepted in subsection (c) and
20closed in accordance with Section 2a.
21 (b) Construction of exceptions. The exceptions contained
22in subsection (c) are in derogation of the requirement that

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1public bodies meet in the open, and therefore, the exceptions
2are to be strictly construed, extending only to subjects
3clearly within their scope. The exceptions authorize but do not
4require the holding of a closed meeting to discuss a subject
5included within an enumerated exception.
6 (c) Exceptions. A public body may hold closed meetings to
7consider the following subjects:
8 (1) The appointment, employment, compensation,
9 discipline, performance, or dismissal of specific
10 employees of the public body or legal counsel for the
11 public body, including hearing testimony on a complaint
12 lodged against an employee of the public body or against
13 legal counsel for the public body to determine its
14 validity. However, a meeting to consider an increase in
15 compensation to a specific employee of a public body that
16 is subject to the Local Government Wage Increase
17 Transparency Act may not be closed and shall be open to the
18 public and posted and held in accordance with this Act.
19 (2) Collective negotiating matters between the public
20 body and its employees or their representatives, or
21 deliberations concerning salary schedules for one or more
22 classes of employees.
23 (3) The selection of a person to fill a public office,
24 as defined in this Act, including a vacancy in a public
25 office, when the public body is given power to appoint
26 under law or ordinance, or the discipline, performance or

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1 removal of the occupant of a public office, when the public
2 body is given power to remove the occupant under law or
3 ordinance.
4 (4) Evidence or testimony presented in open hearing, or
5 in closed hearing where specifically authorized by law, to
6 a quasi-adjudicative body, as defined in this Act, provided
7 that the body prepares and makes available for public
8 inspection a written decision setting forth its
9 determinative reasoning.
10 (5) The purchase or lease of real property for the use
11 of the public body, including meetings held for the purpose
12 of discussing whether a particular parcel should be
13 acquired.
14 (6) The setting of a price for sale or lease of
15 property owned by the public body.
16 (7) The sale or purchase of securities, investments, or
17 investment contracts. This exception shall not apply to the
18 investment of assets or income of funds deposited into the
19 Illinois Prepaid Tuition Trust Fund.
20 (8) Security procedures, school building safety and
21 security, and the use of personnel and equipment to respond
22 to an actual, a threatened, or a reasonably potential
23 danger to the safety of employees, students, staff, the
24 public, or public property.
25 (9) Student disciplinary cases.
26 (10) The placement of individual students in special

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1 education programs and other matters relating to
2 individual students.
3 (11) Litigation, when an action against, affecting or
4 on behalf of the particular public body has been filed and
5 is pending before a court or administrative tribunal, or
6 when the public body finds that an action is probable or
7 imminent, in which case the basis for the finding shall be
8 recorded and entered into the minutes of the closed
9 meeting.
10 (12) The establishment of reserves or settlement of
11 claims as provided in the Local Governmental and
12 Governmental Employees Tort Immunity Act, if otherwise the
13 disposition of a claim or potential claim might be
14 prejudiced, or the review or discussion of claims, loss or
15 risk management information, records, data, advice or
16 communications from or with respect to any insurer of the
17 public body or any intergovernmental risk management
18 association or self insurance pool of which the public body
19 is a member.
20 (13) Conciliation of complaints of discrimination in
21 the sale or rental of housing, when closed meetings are
22 authorized by the law or ordinance prescribing fair housing
23 practices and creating a commission or administrative
24 agency for their enforcement.
25 (14) Informant sources, the hiring or assignment of
26 undercover personnel or equipment, or ongoing, prior or

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1 future criminal investigations, when discussed by a public
2 body with criminal investigatory responsibilities.
3 (15) Professional ethics or performance when
4 considered by an advisory body appointed to advise a
5 licensing or regulatory agency on matters germane to the
6 advisory body's field of competence.
7 (16) Self evaluation, practices and procedures or
8 professional ethics, when meeting with a representative of
9 a statewide association of which the public body is a
10 member.
11 (17) The recruitment, credentialing, discipline or
12 formal peer review of physicians or other health care
13 professionals, or for the discussion of matters protected
14 under the federal Patient Safety and Quality Improvement
15 Act of 2005, and the regulations promulgated thereunder,
16 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
17 Health Insurance Portability and Accountability Act of
18 1996, and the regulations promulgated thereunder,
19 including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
20 or other institution providing medical care, that is
21 operated by the public body.
22 (18) Deliberations for decisions of the Prisoner
23 Review Board.
24 (19) Review or discussion of applications received
25 under the Experimental Organ Transplantation Procedures
26 Act.

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1 (20) The classification and discussion of matters
2 classified as confidential or continued confidential by
3 the State Government Suggestion Award Board.
4 (21) Discussion of minutes of meetings lawfully closed
5 under this Act, whether for purposes of approval by the
6 body of the minutes or semi-annual review of the minutes as
7 mandated by Section 2.06.
8 (22) Deliberations for decisions of the State
9 Emergency Medical Services Disciplinary Review Board.
10 (23) The operation by a municipality of a municipal
11 utility or the operation of a municipal power agency or
12 municipal natural gas agency when the discussion involves
13 (i) contracts relating to the purchase, sale, or delivery
14 of electricity or natural gas or (ii) the results or
15 conclusions of load forecast studies.
16 (24) Meetings of a residential health care facility
17 resident sexual assault and death review team or the
18 Executive Council under the Abuse Prevention Review Team
19 Act.
20 (25) Meetings of an independent team of experts under
21 Brian's Law.
22 (26) Meetings of a mortality review team appointed
23 under the Department of Juvenile Justice Mortality Review
24 Team Act.
25 (27) (Blank).
26 (28) Correspondence and records (i) that may not be

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1 disclosed under Section 11-9 of the Illinois Public Aid
2 Code or (ii) that pertain to appeals under Section 11-8 of
3 the Illinois Public Aid Code.
4 (29) Meetings between internal or external auditors
5 and governmental audit committees, finance committees, and
6 their equivalents, when the discussion involves internal
7 control weaknesses, identification of potential fraud risk
8 areas, known or suspected frauds, and fraud interviews
9 conducted in accordance with generally accepted auditing
10 standards of the United States of America.
11 (30) Those meetings or portions of meetings of a
12 fatality review team or the Illinois Fatality Review Team
13 Advisory Council during which a review of the death of an
14 eligible adult in which abuse or neglect is suspected,
15 alleged, or substantiated is conducted pursuant to Section
16 15 of the Adult Protective Services Act.
17 (31) Meetings and deliberations for decisions of the
18 Concealed Carry Licensing Review Board under the Firearm
19 Concealed Carry Act.
20 (32) Meetings between the Regional Transportation
21 Authority Board and its Service Boards when the discussion
22 involves review by the Regional Transportation Authority
23 Board of employment contracts under Section 28d of the
24 Metropolitan Transit Authority Act and Sections 3A.18 and
25 3B.26 of the Regional Transportation Authority Act.
26 (33) Those meetings or portions of meetings of the

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1 advisory committee and peer review subcommittee created
2 under Section 320 of the Illinois Controlled Substances Act
3 during which specific controlled substance prescriber,
4 dispenser, or patient information is discussed.
5 (d) Definitions. For purposes of this Section:
6 "Employee" means a person employed by a public body whose
7relationship with the public body constitutes an
8employer-employee relationship under the usual common law
9rules, and who is not an independent contractor.
10 "Public office" means a position created by or under the
11Constitution or laws of this State, the occupant of which is
12charged with the exercise of some portion of the sovereign
13power of this State. The term "public office" shall include
14members of the public body, but it shall not include
15organizational positions filled by members thereof, whether
16established by law or by a public body itself, that exist to
17assist the body in the conduct of its business.
18 "Quasi-adjudicative body" means an administrative body
19charged by law or ordinance with the responsibility to conduct
20hearings, receive evidence or testimony and make
21determinations based thereon, but does not include local
22electoral boards when such bodies are considering petition
23challenges.
24 (e) Final action. No final action may be taken at a closed
25meeting. Final action shall be preceded by a public recital of
26the nature of the matter being considered and other information

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1that will inform the public of the business being conducted.
2(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
3eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
499-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
599-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff.
61-1-17; revised 9-21-16.)
7 Section 25. The Freedom of Information Act is amended by
8changing Sections 7 and 7.5 as follows:
9 (5 ILCS 140/7) (from Ch. 116, par. 207)
10 Sec. 7. Exemptions.
11 (1) When a request is made to inspect or copy a public
12record that contains information that is exempt from disclosure
13under this Section, but also contains information that is not
14exempt from disclosure, the public body may elect to redact the
15information that is exempt. The public body shall make the
16remaining information available for inspection and copying.
17Subject to this requirement, the following shall be exempt from
18inspection and copying:
19 (a) Information specifically prohibited from
20 disclosure by federal or State law or rules and regulations
21 implementing federal or State law.
22 (b) Private information, unless disclosure is required
23 by another provision of this Act, a State or federal law or
24 a court order.

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

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

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

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

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

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

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

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

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

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

HB3855 Enrolled- 24 -LRB100 05985 AMC 16014 b
1 Mortality Review Team Act.
2 (cc) Information regarding interments, entombments, or
3 inurnments of human remains that are submitted to the
4 Cemetery Oversight Database under the Cemetery Care Act or
5 the Cemetery Oversight Act, whichever is applicable.
6 (dd) Correspondence and records (i) that may not be
7 disclosed under Section 11-9 of the Illinois Public Aid
8 Code or (ii) that pertain to appeals under Section 11-8 of
9 the Illinois Public Aid Code.
10 (ee) The names, addresses, or other personal
11 information of persons who are minors and are also
12 participants and registrants in programs of park
13 districts, forest preserve districts, conservation
14 districts, recreation agencies, and special recreation
15 associations.
16 (ff) The names, addresses, or other personal
17 information of participants and registrants in programs of
18 park districts, forest preserve districts, conservation
19 districts, recreation agencies, and special recreation
20 associations where such programs are targeted primarily to
21 minors.
22 (gg) Confidential information described in Section
23 1-100 of the Illinois Independent Tax Tribunal Act of 2012.
24 (hh) The report submitted to the State Board of
25 Education by the School Security and Standards Task Force
26 under item (8) of subsection (d) of Section 2-3.160 of the

HB3855 Enrolled- 25 -LRB100 05985 AMC 16014 b
1 School Code and any information contained in that report.
2 (ii) Records requested by persons committed to or
3 detained by the Department of Human Services under the
4 Sexually Violent Persons Commitment Act or committed to the
5 Department of Corrections under the Sexually Dangerous
6 Persons Act if those materials: (i) are available in the
7 library of the facility where the individual is confined;
8 (ii) include records from staff members' personnel files,
9 staff rosters, or other staffing assignment information;
10 or (iii) are available through an administrative request to
11 the Department of Human Services or the Department of
12 Corrections.
13 (jj) Confidential information described in Section
14 5-535 of the Civil Administrative Code of Illinois.
15 (1.5) Any information exempt from disclosure under the
16Judicial Privacy Act shall be redacted from public records
17prior to disclosure under this Act.
18 (2) A public record that is not in the possession of a
19public body but is in the possession of a party with whom the
20agency has contracted to perform a governmental function on
21behalf of the public body, and that directly relates to the
22governmental function and is not otherwise exempt under this
23Act, shall be considered a public record of the public body,
24for purposes of this Act.
25 (3) This Section does not authorize withholding of
26information or limit the availability of records to the public,

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1except as stated in this Section or otherwise provided in this
2Act.
3(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
498-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
599-642, eff. 7-28-16; revised 10-25-16.)
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating
24 to known or suspected cases of sexually transmissible
25 disease or any information the disclosure of which is

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1 restricted under the Illinois Sexually Transmissible
2 Disease Control Act.
3 (e) Information the disclosure of which is exempted
4 under Section 30 of the Radon Industry Licensing Act.
5 (f) Firm performance evaluations under Section 55 of
6 the Architectural, Engineering, and Land Surveying
7 Qualifications Based Selection Act.
8 (g) Information the disclosure of which is restricted
9 and exempted under Section 50 of the Illinois Prepaid
10 Tuition Act.
11 (h) Information the disclosure of which is exempted
12 under the State Officials and Employees Ethics Act, and
13 records of any lawfully created State or local inspector
14 general's office that would be exempt if created or
15 obtained by an Executive Inspector General's office under
16 that Act.
17 (i) Information contained in a local emergency energy
18 plan submitted to a municipality in accordance with a local
19 emergency energy plan ordinance that is adopted under
20 Section 11-21.5-5 of the Illinois Municipal Code.
21 (j) Information and data concerning the distribution
22 of surcharge moneys collected and remitted by wireless
23 carriers under the Wireless Emergency Telephone Safety
24 Act.
25 (k) Law enforcement officer identification information
26 or driver identification information compiled by a law

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1 enforcement agency or the Department of Transportation
2 under Section 11-212 of the Illinois Vehicle Code.
3 (l) Records and information provided to a residential
4 health care facility resident sexual assault and death
5 review team or the Executive Council under the Abuse
6 Prevention Review Team Act.
7 (m) Information provided to the predatory lending
8 database created pursuant to Article 3 of the Residential
9 Real Property Disclosure Act, except to the extent
10 authorized under that Article.
11 (n) Defense budgets and petitions for certification of
12 compensation and expenses for court appointed trial
13 counsel as provided under Sections 10 and 15 of the Capital
14 Crimes Litigation Act. This subsection (n) shall apply
15 until the conclusion of the trial of the case, even if the
16 prosecution chooses not to pursue the death penalty prior
17 to trial or sentencing.
18 (o) Information that is prohibited from being
19 disclosed under Section 4 of the Illinois Health and
20 Hazardous Substances Registry Act.
21 (p) Security portions of system safety program plans,
22 investigation reports, surveys, schedules, lists, data, or
23 information compiled, collected, or prepared by or for the
24 Regional Transportation Authority under Section 2.11 of
25 the Regional Transportation Authority Act or the St. Clair
26 County Transit District under the Bi-State Transit Safety

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1 Act.
2 (q) Information prohibited from being disclosed by the
3 Personnel Records Review Act.
4 (r) Information prohibited from being disclosed by the
5 Illinois School Student Records Act.
6 (s) Information the disclosure of which is restricted
7 under Section 5-108 of the Public Utilities Act.
8 (t) All identified or deidentified health information
9 in the form of health data or medical records contained in,
10 stored in, submitted to, transferred by, or released from
11 the Illinois Health Information Exchange, and identified
12 or deidentified health information in the form of health
13 data and medical records of the Illinois Health Information
14 Exchange in the possession of the Illinois Health
15 Information Exchange Authority due to its administration
16 of the Illinois Health Information Exchange. The terms
17 "identified" and "deidentified" shall be given the same
18 meaning as in the Health Insurance Portability and
19 Accountability Act of 1996, Public Law 104-191, or any
20 subsequent amendments thereto, and any regulations
21 promulgated thereunder.
22 (u) Records and information provided to an independent
23 team of experts under Brian's Law.
24 (v) Names and information of people who have applied
25 for or received Firearm Owner's Identification Cards under
26 the Firearm Owners Identification Card Act or applied for

HB3855 Enrolled- 30 -LRB100 05985 AMC 16014 b
1 or received a concealed carry license under the Firearm
2 Concealed Carry Act, unless otherwise authorized by the
3 Firearm Concealed Carry Act; and databases under the
4 Firearm Concealed Carry Act, records of the Concealed Carry
5 Licensing Review Board under the Firearm Concealed Carry
6 Act, and law enforcement agency objections under the
7 Firearm Concealed Carry Act.
8 (w) Personally identifiable information which is
9 exempted from disclosure under subsection (g) of Section
10 19.1 of the Toll Highway Act.
11 (x) Information which is exempted from disclosure
12 under Section 5-1014.3 of the Counties Code or Section
13 8-11-21 of the Illinois Municipal Code.
14 (y) Confidential information under the Adult
15 Protective Services Act and its predecessor enabling
16 statute, the Elder Abuse and Neglect Act, including
17 information about the identity and administrative finding
18 against any caregiver of a verified and substantiated
19 decision of abuse, neglect, or financial exploitation of an
20 eligible adult maintained in the Registry established
21 under Section 7.5 of the Adult Protective Services Act.
22 (z) Records and information provided to a fatality
23 review team or the Illinois Fatality Review Team Advisory
24 Council under Section 15 of the Adult Protective Services
25 Act.
26 (aa) Information which is exempted from disclosure

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1 under Section 2.37 of the Wildlife Code.
2 (bb) Information which is or was prohibited from
3 disclosure by the Juvenile Court Act of 1987.
4 (cc) Recordings made under the Law Enforcement
5 Officer-Worn Body Camera Act, except to the extent
6 authorized under that Act.
7 (dd) Information that is prohibited from being
8 disclosed under Section 45 of the Condominium and Common
9 Interest Community Ombudsperson Act.
10 (ee) (dd) Information that is exempted from disclosure
11 under Section 30.1 of the Pharmacy Practice Act.
12(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
13eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1499-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
1599-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
168-19-16; revised 9-1-16.)
17 Section 30. The State Records Act is amended by changing
18Section 2 as follows:
19 (5 ILCS 160/2) (from Ch. 116, par. 43.5)
20 Sec. 2. For the purposes of this Act:
21 "Secretary" means Secretary of State.
22 "Record" or "records" means all books, papers,
23born-digital electronic material, digitized electronic
24material, electronic material with a combination of digitized

HB3855 Enrolled- 32 -LRB100 05985 AMC 16014 b
1and born-digital material, maps, photographs, databases, or
2other official documentary materials, regardless of physical
3form or characteristics, made, produced, executed, or received
4by any agency in the State in pursuance of State state law or
5in connection with the transaction of public business and
6preserved or appropriate for preservation by that agency or its
7successor as evidence of the organization, function, policies,
8decisions, procedures, operations, or other activities of the
9State or of the State Government, or because of the
10informational data contained therein. Library and museum
11material made or acquired and preserved solely for reference or
12exhibition purposes, extra copies of documents preserved only
13for convenience of reference, and stocks of publications and of
14blank forms are not included within the definition of records
15as used in this Act. Reports of impaired physicians under
16Section 16.04 of the Medical Practice Act or Section 23 of the
17Medical Practice Act of 1987 are not included within the
18definition of records as used in this Act.
19 "Born-digital electronic material" means electronic
20material created in digital form rather than converted from
21print or analog form to digital form.
22 "Digitized electronic material" means electronic material
23converted from print or analog form to digital form.
24 "Agency" means all parts, boards, and commissions of the
25executive branch of the State government, including, but not
26limited to, State colleges and universities and their governing

HB3855 Enrolled- 33 -LRB100 05985 AMC 16014 b
1boards and all departments established by the "Civil
2Administrative Code of Illinois," as heretofore or hereafter
3amended.
4 "Public Officer" or "public officers" means all officers of
5the executive branch of the State government, all officers
6created by the "Civil Administrative Code of Illinois," as
7heretofore or hereafter amended, and all other officers and
8heads, presidents, or chairmen of boards, commissions, and
9agencies of the State government.
10 "Commission" means the State Records Commission.
11 "Archivist" means the Secretary of State.
12(Source: P.A. 99-147, eff. 1-1-16; revised 9-16-16.)
13 Section 35. The Illinois Notary Public Act is amended by
14changing Section 2-106 as follows:
15 (5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
16 Sec. 2-106. Appointment Recorded by County Clerk. The
17appointment of the applicant as a notary public is complete
18when the commission is recorded with the county clerk.
19 The Secretary of State shall forward the applicant's
20commission to the county clerk of the county in which the
21applicant resides or, if the applicant is a resident of a state
22bordering Illinois, the county in Illinois in which the
23applicant's principal place of work or principal place of
24business is located. Upon receipt thereof, the county clerk

HB3855 Enrolled- 34 -LRB100 05985 AMC 16014 b
1shall notify the applicant of the action taken by the Secretary
2of State, and the applicant shall either appear at the county
3clerk's office to record the same and receive the commission or
4request by mail to have the commission sent to the applicant
5with a specimen signature of the applicant attached to the
6request. The applicant shall have a record of the appointment,
7and the time when the commission will expire, entered in the
8records of the office of the county clerk. When the applicant
9appears before the county clerk, the applicant shall pay a fee
10of $5, at which time the county clerk shall then deliver the
11commission to the applicant.
12 If the appointment is completed by mail, the applicant
13shall pay the county clerk a fee of $10.00, which shall be
14submitted with the request to the county clerk. The county
15clerk shall then record the appointment and send the commission
16by mail to the applicant.
17 If an applicant does not respond to the notification by the
18county clerk within 30 days, the county clerk shall again
19notify the applicant that the county clerk has received the
20applicant's notary public commission issued by the Secretary of
21State. The second notice shall be in substantially the
22following form:
23 "The records of this office indicate that you have not
24 picked up your notary public commission from the Office of
25 the County Clerk.
26 The Illinois Notary Public Law requires you to appear in

HB3855 Enrolled- 35 -LRB100 05985 AMC 16014 b
1 person in the clerk's office, record your commission, and
2 pay a fee of $5.00 to the county clerk or request that your
3 commission be mailed to you. This request must be
4 accompanied by a specimen of your signature and a $10.00
5 fee payable to the county clerk.
6 Your appointment as a notary is not complete until the
7 commission is recorded with the county clerk. Furthermore,
8 if you do not make arrangements with the clerk for
9 recording and delivery of your commission within 30 days
10 from the date of this letter, the county clerk will return
11 your commission to the Secretary of State. Your commission
12 will be cancelled and your name will be removed from the
13 list of notaries in the State of Illinois.
14 I should also like to remind you that any person who
15 attests to any document as a notary and is not a notary in
16 good standing with the Office of the Secretary of State is
17 guilty of official misconduct and may be subject to a fine
18 or imprisonment.".
19 The Secretary of State shall cancel the appointment of all
20notaries whose commissions are returned to his office by the
21county clerks. No application fee will be refunded and no
22bonding company is required to issue a refund when an
23appointment is cancelled.
24(Source: P.A. 91-818, eff. 6-13-00; revised 9-16-16.)
25 Section 40. The Illinois Public Labor Relations Act is

HB3855 Enrolled- 36 -LRB100 05985 AMC 16014 b
1amended by changing Sections 27 and 28 as follows:
2 (5 ILCS 315/27) (from Ch. 48, par. 1627)
3 Sec. 27. Except as provided in Section 18 of this Act
4herein, the provisions of the Labor Dispute Act "An Act
5relating to disputes concerning terms and conditions of
6employment", approved June 19, 1925, as now or hereafter
7amended, apply.
8(Source: P.A. 83-1012; revised 9-16-16.)
9 (5 ILCS 315/28)
10 Sec. 28. Applicability of changes made by Public Act
1197-1158 amendatory Act of the 97th General Assembly. Nothing in
12Public Act 97-1158 this amendatory Act of the 97th General
13Assembly applies to workers or consumers in the Home-Based Home
14Based Support Services Program in the Department of Human
15Services Division of Developmental Disabilities.
16(Source: P.A. 97-1158, eff. 1-29-13; revised 9-16-16.)
17 Section 45. The State Employee Vacation Time Act is amended
18by changing Section 1 as follows:
19 (5 ILCS 360/1) (from Ch. 127, par. 63b120.1)
20 Sec. 1. After the effective date of this Act, computation
21of vacation time of former State employees re-entering State
22service shall be determined as though all previous State

HB3855 Enrolled- 37 -LRB100 05985 AMC 16014 b
1service which qualified for earning of vacation benefits is
2continuous with present service.
3 For purposes of this Section, "State employee" means an
4"employee" as that term is defined in Section 2 of the "State
5Salary and Annuity Withholding Act".
6(Source: P.A. 77-1823; revised 9-1-16.)
7 Section 50. The State Employee Prevailing Wage Act is
8amended by changing Section 1 as follows:
9 (5 ILCS 370/1) (from Ch. 127, par. 391)
10 Sec. 1. Whenever any State officer, agency, or authority,
11whether funded by State taxes or otherwise, employs an
12individual in a capacity or position of such a character as
13would be subject to rules or regulations of the Department of
14Central Management Services requiring the payment of the
15prevailing rate of wages to those holding such a position or
16serving in such a capacity if that employment were subject to
17the "Personnel Code", the State officer, agency, or authority
18shall pay that individual at the prevailing rate,
19notwithstanding the nonapplicability of the "Personnel Code".
20(Source: P.A. 82-789; revised 9-16-16.)
21 Section 60. The Illinois Governmental Ethics Act is amended
22by changing Section 3-202 as follows:

HB3855 Enrolled- 38 -LRB100 05985 AMC 16014 b
1 (5 ILCS 420/3-202) (from Ch. 127, par. 603-202)
2 Sec. 3-202. When a legislator must take official action on
3a legislative matter as to which he has a conflict situation
4created by a personal, family, or client legislative interest,
5he should consider the possibility of eliminating the interest
6creating the conflict situation. If that is not feasible, he
7should consider the possibility of abstaining from such
8official action. In making his decision as to abstention, the
9following factors should be considered: ;
10 a. whether a substantial threat to his independence of
11 judgment has been created by the conflict situation;
12 b. the effect of his participation on public confidence
13 in the integrity of the legislature;
14 c. whether his participation is likely to have any
15 significant effect on the disposition of the matter;
16 d. the need for his particular contribution, such as
17 special knowledge of the subject matter, to the effective
18 functioning of the legislature.
19 He need not abstain if he decides to participate in a
20manner contrary to the economic interest which creates the
21conflict situation.
22 If he does abstain, he should disclose that fact to his
23respective legislative body.
24(Source: Laws 1967, p. 3401; revised 10-26-16.)
25 Section 65. The Flag Display Act is amended by changing

HB3855 Enrolled- 39 -LRB100 05985 AMC 16014 b
1Section 10 as follows:
2 (5 ILCS 465/10)
3 Sec. 10. Death of resident military member, law enforcement
4officer, firefighter, or members of EMS crews.
5 (a) The Governor shall issue an official notice to fly the
6following flags at half-staff upon the death of a resident of
7this State killed (i) by hostile fire as a member of the United
8States armed forces, (ii) in the line of duty as a law
9enforcement officer, (iii) in the line of duty as a
10firefighter, or (iv) in the line of duty as a member of an
11Emergency Medical Services (EMS) crew, ; or (v) during on duty
12training for active military duty: the United States national
13flag, the State flag of Illinois, and, in the case of the death
14of the member of the United States armed forces, the
15appropriate military flag as defined in subsection (b) of
16Section 18.6 of the Condominium Property Act. Upon the
17Governor's notice, each person or entity required by this Act
18to ensure the display of the United States national flag on a
19flagstaff shall ensure that the flags described in the notice
20are displayed at half-staff on the day designated for the
21resident's funeral and the 2 days preceding that day.
22 (b) The Department of Veterans' Affairs shall notify the
23Governor of the death by hostile fire of an Illinois resident
24member of the United States armed forces. The Department of
25State Police shall notify the Governor of the death in the line

HB3855 Enrolled- 40 -LRB100 05985 AMC 16014 b
1of duty of an Illinois resident law enforcement officer. The
2Office of the State Fire Marshal shall notify the Governor of
3the death in the line of duty of an Illinois resident
4firefighter. The Department of Public Health shall notify the
5Governor of the death in the line of duty of an Illinois
6resident member of an Emergency Medical Services (EMS) crew.
7Notice to the Governor shall include at least the resident's
8name and Illinois address, the date designated for the funeral,
9and the circumstances of the death.
10 (c) For the purpose of this Section, the United States
11armed forces includes: (i) the United States Army, Navy, Marine
12Corps, Air Force, and Coast Guard; (ii) any reserve component
13of each of the forces listed in item (i); and (iii) the
14National Guard.
15 (d) Nothing in this Section requires the removal or
16relocation of any existing flags currently displayed in the
17State. This Section does not apply to a State facility if the
18requirements of this Section cannot be satisfied without a
19physical modification to that facility.
20(Source: P.A. 98-234, eff. 1-1-14; 99-372, eff. 1-1-16; revised
211-24-17.)
22 Section 70. The Election Code is amended by changing
23Sections 3-6, 4-8.5, 5-8.5, 6-35.5, 7-8, 18A-5, 20-5, 20-13,
24and 24A-15.1 as follows:

HB3855 Enrolled- 41 -LRB100 05985 AMC 16014 b
1 (10 ILCS 5/3-6)
2 Sec. 3-6. Voting age. Notwithstanding any other provision
3of law, a person who is 17 years old on the date of a caucus,
4general primary election, or consolidated primary election and
5who is otherwise qualified to vote is qualified to vote at that
6caucus, general primary, or consolidated primary, including
7voting a vote by mail, grace period, or early voting ballot
8with respect to that general primary or consolidated primary,
9if that person will be 18 years old on the date of the
10immediately following general election or consolidated
11election for which candidates are nominated at that primary.
12 References in this Code and elsewhere to the requirement
13that a person must be 18 years old to vote shall be interpreted
14in accordance with this Section.
15 For the purposes of this Code Act, an individual who is 17
16years of age and who will be 18 years of age on the date of the
17general or consolidated election shall be deemed competent to
18execute and attest to any voter registration forms. An
19individual who is 17 years of age, will be 18 years of age on
20the date of the immediately following general or consolidated
21election, and is otherwise qualified to vote shall be deemed
22eligible to circulate a nominating petition or a petition
23proposing a public question.
24(Source: P.A. 98-51, eff. 1-1-14; 98-1171, eff. 6-1-15; 99-722,
25eff. 8-5-16; revised 10-25-16.)

HB3855 Enrolled- 42 -LRB100 05985 AMC 16014 b
1 (10 ILCS 5/4-8.5)
2 Sec. 4-8.5. Deputy registrar eligibility. Unless otherwise
3provided by law, an individual who that is 17 years old or
4older who is registered to vote in this State shall be eligible
5to serve as a deputy registrar.
6(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
7 (10 ILCS 5/5-8.5)
8 Sec. 5-8.5. Deputy registrar eligibility. Unless otherwise
9provided by law, an individual who that is 17 years old or
10older who is registered to vote in this State shall be eligible
11to serve as a deputy registrar.
12(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
13 (10 ILCS 5/6-35.5)
14 Sec. 6-35.5. Deputy registrar eligibility. Unless
15otherwise provided by law, an individual who that is 17 years
16old or older who is registered to vote in this State shall be
17eligible to serve as a deputy registrar.
18(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
19 (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
20 Sec. 7-8. The State central committee shall be composed of
21one or two members from each congressional district in the
22State and shall be elected as follows:
23
State Central Committee

HB3855 Enrolled- 43 -LRB100 05985 AMC 16014 b
1 (a) Within 30 days after January 1, 1984 (the effective
2date of Public Act 83-33), this amendatory Act of 1983 the
3State central committee of each political party shall certify
4to the State Board of Elections which of the following
5alternatives it wishes to apply to the State central committee
6of that party.
7 Alternative A. At the primary in 1970 and at the general
8primary election held every 4 years thereafter, each primary
9elector may vote for one candidate of his party for member of
10the State central committee for the congressional district in
11which he resides. The candidate receiving the highest number of
12votes shall be declared elected State central committeeman from
13the district. A political party may, in lieu of the foregoing,
14by a majority vote of delegates at any State convention of such
15party, determine to thereafter elect the State central
16committeemen in the manner following:
17 At the county convention held by such political party,
18State central committeemen shall be elected in the same manner
19as provided in this Article for the election of officers of the
20county central committee, and such election shall follow the
21election of officers of the county central committee. Each
22elected ward, township or precinct committeeman shall cast as
23his vote one vote for each ballot voted in his ward, township,
24part of a township or precinct in the last preceding primary
25election of his political party. In the case of a county lying
26partially within one congressional district and partially

HB3855 Enrolled- 44 -LRB100 05985 AMC 16014 b
1within another congressional district, each ward, township or
2precinct committeeman shall vote only with respect to the
3congressional district in which his ward, township, part of a
4township or precinct is located. In the case of a congressional
5district which encompasses more than one county, each ward,
6township or precinct committeeman residing within the
7congressional district shall cast as his vote one vote for each
8ballot voted in his ward, township, part of a township or
9precinct in the last preceding primary election of his
10political party for one candidate of his party for member of
11the State central committee for the congressional district in
12which he resides and the Chairman of the county central
13committee shall report the results of the election to the State
14Board of Elections. The State Board of Elections shall certify
15the candidate receiving the highest number of votes elected
16State central committeeman for that congressional district.
17 The State central committee shall adopt rules to provide
18for and govern the procedures to be followed in the election of
19members of the State central committee.
20 After August 6, 1999 (the effective date of Public Act
2191-426) this amendatory Act of the 91st General Assembly,
22whenever a vacancy occurs in the office of Chairman of a State
23central committee, or at the end of the term of office of
24Chairman, the State central committee of each political party
25that has selected Alternative A shall elect a Chairman who
26shall not be required to be a member of the State Central

HB3855 Enrolled- 45 -LRB100 05985 AMC 16014 b
1Committee. The Chairman shall be a registered voter in this
2State and of the same political party as the State central
3committee.
4 Alternative B. Each congressional committee shall, within
530 days after the adoption of this alternative, appoint a
6person of the sex opposite that of the incumbent member for
7that congressional district to serve as an additional member of
8the State central committee until his or her successor is
9elected at the general primary election in 1986. Each
10congressional committee shall make this appointment by voting
11on the basis set forth in paragraph (e) of this Section. In
12each congressional district at the general primary election
13held in 1986 and every 4 years thereafter, the male candidate
14receiving the highest number of votes of the party's male
15candidates for State central committeeman, and the female
16candidate receiving the highest number of votes of the party's
17female candidates for State central committeewoman, shall be
18declared elected State central committeeman and State central
19committeewoman from the district. At the general primary
20election held in 1986 and every 4 years thereafter, if all a
21party's candidates for State central committeemen or State
22central committeewomen from a congressional district are of the
23same sex, the candidate receiving the highest number of votes
24shall be declared elected a State central committeeman or State
25central committeewoman from the district, and, because of a
26failure to elect one male and one female to the committee, a

HB3855 Enrolled- 46 -LRB100 05985 AMC 16014 b
1vacancy shall be declared to exist in the office of the second
2member of the State central committee from the district. This
3vacancy shall be filled by appointment by the congressional
4committee of the political party, and the person appointed to
5fill the vacancy shall be a resident of the congressional
6district and of the sex opposite that of the committeeman or
7committeewoman elected at the general primary election. Each
8congressional committee shall make this appointment by voting
9on the basis set forth in paragraph (e) of this Section.
10 The Chairman of a State central committee composed as
11provided in this Alternative B must be selected from the
12committee's members.
13 Except as provided for in Alternative A with respect to the
14selection of the Chairman of the State central committee, under
15both of the foregoing alternatives, the State central committee
16of each political party shall be composed of members elected or
17appointed from the several congressional districts of the
18State, and of no other person or persons whomsoever. The
19members of the State central committee shall, within 41 days
20after each quadrennial election of the full committee, meet in
21the city of Springfield and organize by electing a chairman,
22and may at such time elect such officers from among their own
23number (or otherwise), as they may deem necessary or expedient.
24The outgoing chairman of the State central committee of the
25party shall, 10 days before the meeting, notify each member of
26the State central committee elected at the primary of the time

HB3855 Enrolled- 47 -LRB100 05985 AMC 16014 b
1and place of such meeting. In the organization and proceedings
2of the State central committee, each State central committeeman
3and State central committeewoman shall have one vote for each
4ballot voted in his or her congressional district by the
5primary electors of his or her party at the primary election
6immediately preceding the meeting of the State central
7committee. Whenever a vacancy occurs in the State central
8committee of any political party, the vacancy shall be filled
9by appointment of the chairmen of the county central committees
10of the political party of the counties located within the
11congressional district in which the vacancy occurs and, if
12applicable, the ward and township committeemen of the political
13party in counties of 2,000,000 or more inhabitants located
14within the congressional district. If the congressional
15district in which the vacancy occurs lies wholly within a
16county of 2,000,000 or more inhabitants, the ward and township
17committeemen of the political party in that congressional
18district shall vote to fill the vacancy. In voting to fill the
19vacancy, each chairman of a county central committee and each
20ward and township committeeman in counties of 2,000,000 or more
21inhabitants shall have one vote for each ballot voted in each
22precinct of the congressional district in which the vacancy
23exists of his or her county, township, or ward cast by the
24primary electors of his or her party at the primary election
25immediately preceding the meeting to fill the vacancy in the
26State central committee. The person appointed to fill the

HB3855 Enrolled- 48 -LRB100 05985 AMC 16014 b
1vacancy shall be a resident of the congressional district in
2which the vacancy occurs, shall be a qualified voter, and, in a
3committee composed as provided in Alternative B, shall be of
4the same sex as his or her predecessor. A political party may,
5by a majority vote of the delegates of any State convention of
6such party, determine to return to the election of State
7central committeeman and State central committeewoman by the
8vote of primary electors. Any action taken by a political party
9at a State convention in accordance with this Section shall be
10reported to the State Board of Elections by the chairman and
11secretary of such convention within 10 days after such action.
12
Ward, Township and Precinct Committeemen
13 (b) At the primary in 1972 and at the general primary
14election every 4 years thereafter, each primary elector in
15cities having a population of 200,000 or over may vote for one
16candidate of his party in his ward for ward committeeman. Each
17candidate for ward committeeman must be a resident of and in
18the ward where he seeks to be elected ward committeeman. The
19one having the highest number of votes shall be such ward
20committeeman of such party for such ward. At the primary
21election in 1970 and at the general primary election every 4
22years thereafter, each primary elector in counties containing a
23population of 2,000,000 or more, outside of cities containing a
24population of 200,000 or more, may vote for one candidate of
25his party for township committeeman. Each candidate for
26township committeeman must be a resident of and in the township

HB3855 Enrolled- 49 -LRB100 05985 AMC 16014 b
1or part of a township (which lies outside of a city having a
2population of 200,000 or more, in counties containing a
3population of 2,000,000 or more), and in which township or part
4of a township he seeks to be elected township committeeman. The
5one having the highest number of votes shall be such township
6committeeman of such party for such township or part of a
7township. At the primary in 1970 and at the general primary
8election every 2 years thereafter, each primary elector, except
9in counties having a population of 2,000,000 or over, may vote
10for one candidate of his party in his precinct for precinct
11committeeman. Each candidate for precinct committeeman must be
12a bona fide resident of the precinct where he seeks to be
13elected precinct committeeman. The one having the highest
14number of votes shall be such precinct committeeman of such
15party for such precinct. The official returns of the primary
16shall show the name of the committeeman of each political
17party.
18 Terms of Committeemen. All precinct committeemen elected
19under the provisions of this Article shall continue as such
20committeemen until the date of the primary to be held in the
21second year after their election. Except as otherwise provided
22in this Section for certain State central committeemen who have
232 year terms, all State central committeemen, township
24committeemen and ward committeemen shall continue as such
25committeemen until the date of primary to be held in the fourth
26year after their election. However, a vacancy exists in the

HB3855 Enrolled- 50 -LRB100 05985 AMC 16014 b
1office of precinct committeeman when a precinct committeeman
2ceases to reside in the precinct in which he was elected and
3such precinct committeeman shall thereafter neither have nor
4exercise any rights, powers or duties as committeeman in that
5precinct, even if a successor has not been elected or
6appointed.
7 (c) The Multi-Township Central Committee shall consist of
8the precinct committeemen of such party, in the multi-township
9assessing district formed pursuant to Section 2-10 of the
10Property Tax Code and shall be organized for the purposes set
11forth in Section 45-25 of the Township Code. In the
12organization and proceedings of the Multi-Township Central
13Committee each precinct committeeman shall have one vote for
14each ballot voted in his precinct by the primary electors of
15his party at the primary at which he was elected.
16
County Central Committee
17 (d) The county central committee of each political party in
18each county shall consist of the various township committeemen,
19precinct committeemen and ward committeemen, if any, of such
20party in the county. In the organization and proceedings of the
21county central committee, each precinct committeeman shall
22have one vote for each ballot voted in his precinct by the
23primary electors of his party at the primary at which he was
24elected; each township committeeman shall have one vote for
25each ballot voted in his township or part of a township as the
26case may be by the primary electors of his party at the primary

HB3855 Enrolled- 51 -LRB100 05985 AMC 16014 b
1election for the nomination of candidates for election to the
2General Assembly immediately preceding the meeting of the
3county central committee; and in the organization and
4proceedings of the county central committee, each ward
5committeeman shall have one vote for each ballot voted in his
6ward by the primary electors of his party at the primary
7election for the nomination of candidates for election to the
8General Assembly immediately preceding the meeting of the
9county central committee.
10
Cook County Board of Review Election District Committee
11 (d-1) Each board of review election district committee of
12each political party in Cook County shall consist of the
13various township committeemen and ward committeemen, if any, of
14that party in the portions of the county composing the board of
15review election district. In the organization and proceedings
16of each of the 3 election district committees, each township
17committeeman shall have one vote for each ballot voted in his
18or her township or part of a township, as the case may be, by
19the primary electors of his or her party at the primary
20election immediately preceding the meeting of the board of
21review election district committee; and in the organization and
22proceedings of each of the 3 election district committees, each
23ward committeeman shall have one vote for each ballot voted in
24his or her ward or part of that ward, as the case may be, by the
25primary electors of his or her party at the primary election
26immediately preceding the meeting of the board of review

HB3855 Enrolled- 52 -LRB100 05985 AMC 16014 b
1election district committee.
2
Congressional Committee
3 (e) The congressional committee of each party in each
4congressional district shall be composed of the chairmen of the
5county central committees of the counties composing the
6congressional district, except that in congressional districts
7wholly within the territorial limits of one county, the
8precinct committeemen, township committeemen and ward
9committeemen, if any, of the party representing the precincts
10within the limits of the congressional district, shall compose
11the congressional committee. A State central committeeman in
12each district shall be a member and the chairman or, when a
13district has 2 State central committeemen, a co-chairman of the
14congressional committee, but shall not have the right to vote
15except in case of a tie.
16 In the organization and proceedings of congressional
17committees composed of precinct committeemen or township
18committeemen or ward committeemen, or any combination thereof,
19each precinct committeeman shall have one vote for each ballot
20voted in his precinct by the primary electors of his party at
21the primary at which he was elected, each township committeeman
22shall have one vote for each ballot voted in his township or
23part of a township as the case may be by the primary electors
24of his party at the primary election immediately preceding the
25meeting of the congressional committee, and each ward
26committeeman shall have one vote for each ballot voted in each

HB3855 Enrolled- 53 -LRB100 05985 AMC 16014 b
1precinct of his ward located in such congressional district by
2the primary electors of his party at the primary election
3immediately preceding the meeting of the congressional
4committee; and in the organization and proceedings of
5congressional committees composed of the chairmen of the county
6central committees of the counties within such district, each
7chairman of such county central committee shall have one vote
8for each ballot voted in his county by the primary electors of
9his party at the primary election immediately preceding the
10meeting of the congressional committee.
11
Judicial District Committee
12 (f) The judicial district committee of each political party
13in each judicial district shall be composed of the chairman of
14the county central committees of the counties composing the
15judicial district.
16 In the organization and proceedings of judicial district
17committees composed of the chairmen of the county central
18committees of the counties within such district, each chairman
19of such county central committee shall have one vote for each
20ballot voted in his county by the primary electors of his party
21at the primary election immediately preceding the meeting of
22the judicial district committee.
23
Circuit Court Committee
24 (g) The circuit court committee of each political party in
25each judicial circuit outside Cook County shall be composed of
26the chairmen of the county central committees of the counties

HB3855 Enrolled- 54 -LRB100 05985 AMC 16014 b
1composing the judicial circuit.
2 In the organization and proceedings of circuit court
3committees, each chairman of a county central committee shall
4have one vote for each ballot voted in his county by the
5primary electors of his party at the primary election
6immediately preceding the meeting of the circuit court
7committee.
8
Judicial Subcircuit Committee
9 (g-1) The judicial subcircuit committee of each political
10party in each judicial subcircuit in a judicial circuit divided
11into subcircuits shall be composed of (i) the ward and township
12committeemen of the townships and wards composing the judicial
13subcircuit in Cook County and (ii) the precinct committeemen of
14the precincts composing the judicial subcircuit in any county
15other than Cook County.
16 In the organization and proceedings of each judicial
17subcircuit committee, each township committeeman shall have
18one vote for each ballot voted in his township or part of a
19township, as the case may be, in the judicial subcircuit by the
20primary electors of his party at the primary election
21immediately preceding the meeting of the judicial subcircuit
22committee; each precinct committeeman shall have one vote for
23each ballot voted in his precinct or part of a precinct, as the
24case may be, in the judicial subcircuit by the primary electors
25of his party at the primary election immediately preceding the
26meeting of the judicial subcircuit committee; and each ward

HB3855 Enrolled- 55 -LRB100 05985 AMC 16014 b
1committeeman shall have one vote for each ballot voted in his
2ward or part of a ward, as the case may be, in the judicial
3subcircuit by the primary electors of his party at the primary
4election immediately preceding the meeting of the judicial
5subcircuit committee.
6
Municipal Central Committee
7 (h) The municipal central committee of each political party
8shall be composed of the precinct, township or ward
9committeemen, as the case may be, of such party representing
10the precincts or wards, embraced in such city, incorporated
11town or village. The voting strength of each precinct, township
12or ward committeeman on the municipal central committee shall
13be the same as his voting strength on the county central
14committee.
15 For political parties, other than a statewide political
16party, established only within a municipality or township, the
17municipal or township managing committee shall be composed of
18the party officers of the local established party. The party
19officers of a local established party shall be as follows: the
20chairman and secretary of the caucus for those municipalities
21and townships authorized by statute to nominate candidates by
22caucus shall serve as party officers for the purpose of filling
23vacancies in nomination under Section 7-61; for municipalities
24and townships authorized by statute or ordinance to nominate
25candidates by petition and primary election, the party officers
26shall be the party's candidates who are nominated at the

HB3855 Enrolled- 56 -LRB100 05985 AMC 16014 b
1primary. If no party primary was held because of the provisions
2of Section 7-5, vacancies in nomination shall be filled by the
3party's remaining candidates who shall serve as the party's
4officers.
5
Powers
6 (i) Each committee and its officers shall have the powers
7usually exercised by such committees and by the officers
8thereof, not inconsistent with the provisions of this Article.
9The several committees herein provided for shall not have power
10to delegate any of their powers, or functions to any other
11person, officer or committee, but this shall not be construed
12to prevent a committee from appointing from its own membership
13proper and necessary subcommittees.
14 (j) The State central committee of a political party which
15elects its it members by Alternative B under paragraph (a) of
16this Section shall adopt a plan to give effect to the delegate
17selection rules of the national political party and file a copy
18of such plan with the State Board of Elections when approved by
19a national political party.
20 (k) For the purpose of the designation of a proxy by a
21Congressional Committee to vote in place of an absent State
22central committeeman or committeewoman at meetings of the State
23central committee of a political party which elects its members
24by Alternative B under paragraph (a) of this Section, the proxy
25shall be appointed by the vote of the ward and township
26committeemen, if any, of the wards and townships which lie

HB3855 Enrolled- 57 -LRB100 05985 AMC 16014 b
1entirely or partially within the Congressional District from
2which the absent State central committeeman or committeewoman
3was elected and the vote of the chairmen of the county central
4committees of those counties which lie entirely or partially
5within that Congressional District and in which there are no
6ward or township committeemen. When voting for such proxy, the
7county chairman, ward committeeman or township committeeman,
8as the case may be, shall have one vote for each ballot voted
9in his county, ward or township, or portion thereof within the
10Congressional District, by the primary electors of his party at
11the primary at which he was elected. However, the absent State
12central committeeman or committeewoman may designate a proxy
13when permitted by the rules of a political party which elects
14its members by Alternative B under paragraph (a) of this
15Section.
16 Notwithstanding any law to the contrary, a person is
17ineligible to hold the position of committeeperson in any
18committee established pursuant to this Section if he or she is
19statutorily ineligible to vote in a general election because of
20conviction of a felony. When a committeeperson is convicted of
21a felony, the position occupied by that committeeperson shall
22automatically become vacant.
23(Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-699,
24eff. 11-9-07; revised 9-6-16.)
25 (10 ILCS 5/18A-5)

HB3855 Enrolled- 58 -LRB100 05985 AMC 16014 b
1 Sec. 18A-5. Provisional voting; general provisions.
2 (a) A person who claims to be a registered voter is
3entitled to cast a provisional ballot under the following
4circumstances:
5 (1) The person's name does not appear on the official
6 list of eligible voters for the precinct in which the
7 person seeks to vote and the person has refused an
8 opportunity to register at the polling location or another
9 grace period registration site. The official list is the
10 centralized statewide voter registration list established
11 and maintained in accordance with Section 1A-25;
12 (2) The person's voting status has been challenged by
13 an election judge, a pollwatcher, or any legal voter and
14 that challenge has been sustained by a majority of the
15 election judges;
16 (3) A federal or State court order extends the time for
17 closing the polls beyond the time period established by
18 State law and the person votes during the extended time
19 period;
20 (4) The voter registered to vote by mail and is
21 required by law to present identification when voting
22 either in person or by early voting ballot, but fails to do
23 so;
24 (5) The voter's name appears on the list of voters who
25 voted during the early voting period, but the voter claims
26 not to have voted during the early voting period; or

HB3855 Enrolled- 59 -LRB100 05985 AMC 16014 b
1 (6) The voter received a vote by mail ballot but did
2 not return the vote by mail ballot to the election
3 authority; or
4 (7) The voter attempted to register to vote on election
5 day, but failed to provide the necessary documentation.
6 (b) The procedure for obtaining and casting a provisional
7ballot at the polling place shall be as follows:
8 (1) After first verifying through an examination of the
9 precinct register that the person's address is within the
10 precinct boundaries, an election judge at the polling place
11 shall notify a person who is entitled to cast a provisional
12 ballot pursuant to subsection (a) that he or she may cast a
13 provisional ballot in that election. An election judge must
14 accept any information provided by a person who casts a
15 provisional ballot that the person believes supports his or
16 her claim that he or she is a duly registered voter and
17 qualified to vote in the election. However, if the person's
18 residence address is outside the precinct boundaries, the
19 election judge shall inform the person of that fact, give
20 the person the appropriate telephone number of the election
21 authority in order to locate the polling place assigned to
22 serve that address, and instruct the person to go to the
23 proper polling place to vote.
24 (2) The person shall execute a written form provided by
25 the election judge that shall state or contain all of the
26 following that is available:

HB3855 Enrolled- 60 -LRB100 05985 AMC 16014 b
1 (i) an affidavit stating the following:
2 State of Illinois, County of ................,
3 Township ............., Precinct ........, Ward
4 ........, I, ......................., do solemnly
5 swear (or affirm) that: I am a citizen of the
6 United States; I am 18 years of age or older; I
7 have resided in this State and in this precinct for
8 30 days preceding this election; I have not voted
9 in this election; I am a duly registered voter in
10 every respect; and I am eligible to vote in this
11 election. Signature ...... Printed Name of Voter
12 ....... Printed Residence Address of Voter ......
13 City ...... State .... Zip Code ..... Telephone
14 Number ...... Date of Birth ....... and Illinois
15 Driver's License Number ....... or Last 4 digits of
16 Social Security Number ...... or State
17 Identification Card Number issued to you by the
18 Illinois Secretary of State ........
19 (ii) A box for the election judge to check one of
20 the 6 reasons why the person was given a provisional
21 ballot under subsection (a) of this Section 18A-5.
22 (iii) An area for the election judge to affix his
23 or her signature and to set forth any facts that
24 support or oppose the allegation that the person is not
25 qualified to vote in the precinct in which the person
26 is seeking to vote.

HB3855 Enrolled- 61 -LRB100 05985 AMC 16014 b
1 The written affidavit form described in this
2 subsection (b)(2) must be printed on a multi-part form
3 prescribed by the county clerk or board of election
4 commissioners, as the case may be.
5 (3) After the person executes the portion of the
6 written affidavit described in subsection (b)(2)(i) of
7 this Section, the election judge shall complete the portion
8 of the written affidavit described in subsection
9 (b)(2)(iii) and (b)(2)(iv).
10 (4) The election judge shall give a copy of the
11 completed written affidavit to the person. The election
12 judge shall place the original written affidavit in a
13 self-adhesive clear plastic packing list envelope that
14 must be attached to a separate envelope marked as a
15 "provisional ballot envelope". The election judge shall
16 also place any information provided by the person who casts
17 a provisional ballot in the clear plastic packing list
18 envelope. Each county clerk or board of election
19 commissioners, as the case may be, must design, obtain or
20 procure self-adhesive clear plastic packing list envelopes
21 and provisional ballot envelopes that are suitable for
22 implementing this subsection (b)(4) of this Section.
23 (5) The election judge shall provide the person with a
24 provisional ballot, written instructions for casting a
25 provisional ballot, and the provisional ballot envelope
26 with the clear plastic packing list envelope affixed to it,

HB3855 Enrolled- 62 -LRB100 05985 AMC 16014 b
1 which contains the person's original written affidavit
2 and, if any, information provided by the provisional voter
3 to support his or her claim that he or she is a duly
4 registered voter. An election judge must also give the
5 person written information that states that any person who
6 casts a provisional ballot shall be able to ascertain,
7 pursuant to guidelines established by the State Board of
8 Elections, whether the provisional vote was counted in the
9 official canvass of votes for that election and, if the
10 provisional vote was not counted, the reason that the vote
11 was not counted.
12 (6) After the person has completed marking his or her
13 provisional ballot, he or she shall place the marked ballot
14 inside of the provisional ballot envelope, close and seal
15 the envelope, and return the envelope to an election judge,
16 who shall then deposit the sealed provisional ballot
17 envelope into a securable container separately identified
18 and utilized for containing sealed provisional ballot
19 envelopes. Ballots that are provisional because they are
20 cast after 7:00 p.m. by court order shall be kept separate
21 from other provisional ballots. Upon the closing of the
22 polls, the securable container shall be sealed with
23 filament tape provided for that purpose, which shall be
24 wrapped around the box lengthwise and crosswise, at least
25 twice each way, and each of the election judges shall sign
26 the seal.

HB3855 Enrolled- 63 -LRB100 05985 AMC 16014 b
1 (c) Instead of the affidavit form described in subsection
2(b), the county clerk or board of election commissioners, as
3the case may be, may design and use a multi-part affidavit form
4that is imprinted upon or attached to the provisional ballot
5envelope described in subsection (b). If a county clerk or
6board of election commissioners elects to design and use its
7own multi-part affidavit form, then the county clerk or board
8of election commissioners shall establish a mechanism for
9accepting any information the provisional voter has supplied to
10the election judge to support his or her claim that he or she
11is a duly registered voter. In all other respects, a county
12clerk or board of election commissioners shall establish
13procedures consistent with subsection (b).
14 (d) The county clerk or board of election commissioners, as
15the case may be, shall use the completed affidavit form
16described in subsection (b) to update the person's voter
17registration information in the State voter registration
18database and voter registration database of the county clerk or
19board of election commissioners, as the case may be. If a
20person is later determined not to be a registered voter based
21on Section 18A-15 of this Code, then the affidavit shall be
22processed by the county clerk or board of election
23commissioners, as the case may be, as a voter registration
24application.
25(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14;
2698-1171, eff. 6-1-15; revised 9-2-16.)

HB3855 Enrolled- 64 -LRB100 05985 AMC 16014 b
1 (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
2 Sec. 20-5. The election authority shall fold the ballot or
3ballots in the manner specified by the statute for folding
4ballots prior to their deposit in the ballot box and shall
5enclose such ballot in an envelope unsealed to be furnished by
6it, which envelope shall bear upon the face thereof the name,
7official title and post office address of the election
8authority, and upon the other side of such envelope there shall
9be printed a certification in substantially the following form:
10
"CERTIFICATION
11 I state that I am a resident/former resident of the .......
12precinct of the city/village/township of ............,
13(Designation to be made by Election Authority) or of the ....
14ward in the city of ........... (Designation to be made by
15Election Authority) residing at ................ in said
16city/village/township in the county of ........... and State of
17Illinois; that I am a
18 1. ( ) member of the United States Service
19 2. ( ) citizen of the United States temporarily residing
20outside the territorial limits of the United States
21 3. ( ) nonresident civilian citizen
22and desire to cast the enclosed ballot pursuant to Article 20
23of the The Election Code; that I am lawfully entitled to vote
24in such precinct at the ........... election to be held on
25............

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1 I further state that I marked the enclosed ballot in
2secret.
3 Under penalties as provided by law pursuant to Article 29
4of the The Election Code, the undersigned certifies that the
5statements set forth in this certification are true and
6correct.
7
...............(Name)
8
.....................
9
(Service Address)
"
10
.....................
11
.....................
12
.....................
"
13 If the ballot enclosed is to be voted at a primary
14election, the certification shall designate the name of the
15political party with which the voter is affiliated.
16 In addition to the above, the election authority shall
17provide printed slips giving full instructions regarding the
18manner of completing the forms and affidavits for registration
19by mail or the manner of marking and returning the ballot in
20order that the same may be counted, and shall furnish one of
21the printed slips to each of the applicants at the same time
22the registration materials or ballot is delivered to him.
23 In addition to the above, if a ballot to be provided to an
24elector pursuant to this Section contains a public question
25described in subsection (b) of Section 28-6 and the territory
26concerning which the question is to be submitted is not

HB3855 Enrolled- 66 -LRB100 05985 AMC 16014 b
1described on the ballot due to the space limitations of such
2ballot, the election authority shall provide a printed copy of
3a notice of the public question, which shall include a
4description of the territory in the manner required by Section
516-7. The notice shall be furnished to the elector at the same
6time the ballot is delivered to the elector.
7 The envelope in which such registration or such ballot is
8mailed to the voter as well as the envelope in which the
9registration materials or the ballot is returned by the voter
10shall have printed across the face thereof two parallel
11horizontal red bars, each one-quarter inch wide, extending from
12one side of the envelope to the other side, with an intervening
13space of one-quarter inch, the top bar to be one and
14one-quarter inches from the top of the envelope, and with the
15words "Official Election Balloting Material-VIA AIR MAIL"
16between the bars. In the upper right corner of such envelope in
17a box, there shall be printed the words: "U.S. Postage Paid 42
18USC 1973". All printing on the face of such envelopes shall be
19in red, including an appropriate inscription or blank in the
20upper left corner of return address of sender.
21 The envelope in which the ballot is returned to the
22election authority may be delivered (i) by mail, postage paid,
23(ii) in person, by the spouse, parent, child, brother, or
24sister of the voter, or (iii) by a company engaged in the
25business of making deliveries of property and licensed as a
26motor carrier of property by the Illinois Commerce Commission

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1under the Illinois Commercial Transportation Law.
2 Election authorities transmitting ballots by facsimile or
3electronic transmission shall, to the extent possible, provide
4those applicants with the same instructions, certification,
5and other materials required when sending by mail.
6(Source: P.A. 98-1171, eff. 6-1-15; revised 10-25-16.)
7 (10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
8 Sec. 20-13. If otherwise qualified to vote, any person not
9covered by Section Sections 20-2, 20-2.1, or 20-2.2 of this
10Article who is not registered to vote and who is temporarily
11absent from his county of residence, may make special
12application to the election authority having jurisdiction over
13his precinct of permanent residence, not less than 5 days
14before a presidential election, for a vote by mail ballot to
15vote for the president and vice-president only. Such
16application shall be furnished by the election authority and
17shall be in substantially the following form:
18 SPECIAL VOTE BY MAIL BALLOT APPLICATION (For use by
19non-registered Illinois residents temporarily absent from the
20county to vote for the president and vice-president only)
21
AFFIDAVIT
22 1. I hereby request a vote by mail ballot to vote for the
23president and vice-president only ......... (insert date of
24general election)
25 2. I am a citizen of the United States and a permanent

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1resident of Illinois.
2 3. I have maintained, and still maintain, a permanent abode
3in Illinois for the past .......... years at: ..........
4(House) .......... (Number) .......... (Street) ..........
5(City) .......... (Village) .......... (Town)
6 4. I will not be able to regularly register in person as a
7voter because .................... (Give reason for temporary
8absence such as "Student", "Temporary job transfer", etc.)
9 5. I was born .......... (Month) .......... (Day)
10.......... (Year) in .................... (State or County);
11 6. To be filled in only by a person who is foreign-born (If
12answer is "yes" in either a. or b. below, fill in appropriate
13information in c.):
14 a. One or both of my parents were United States citizens at
15the time of my birth?
16
(
) YES ( ) NO )
17 b. My United States citizenship was derived through an act
18of the Congress of the United States?
19
(
) YES ( ) NO
20 c. The name of the court issuing papers and the date
21thereof upon which my United States citizenship was derived is
22.................... located in .......... (City) ..........
23(State) on .......... (Month) .......... (Day) ..........
24(Year)
25 (For persons who derived citizenship through papers issued
26through a parent or spouse, fill in the following)

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1 (1) My parents or spouse's name is:
2 ......... (First) .......... (Middle) .......... (Last)
3 (2) ........ (Month) .......... (Day) .......... (Year)
4 is the date of my marriage or my age at which time I
5derived my citizenship.
6 7. I am not registered as a voter in any other county in
7the State of Illinois or in any other State.
8 8. I am not requesting a ballot from any other place and am
9not voting in any other manner in this election and I have not
10voted and do not intend to vote in this election at any other
11address. I request that you mail my ballot to the following
12address:
13 (Print name and complete mailing address)
14 .........................................
15 .........................................
16 .........................................
17 9. Under penalties as provided by law pursuant to Article
1829 of The Election Code, the undersigned certifies that the
19statements set forth in this application are true and correct.
20
......................
21
Signature of Applicant
22 The procedures set forth in Sections 20-4 through 20-12 of
23this Article, insofar as they may be made applicable, shall be
24applicable to vote by mail voting under this Section.
25(Source: P.A. 98-1171, eff. 6-1-15; revised 9-6-16.)

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1 (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
2 Sec. 24A-15.1. Except as herein provided, discovery
3recounts and election contests shall be conducted as otherwise
4provided for in this "The Election Code", as amended. The
5automatic tabulating equipment shall be tested prior to the
6discovery recount or election contest as provided in Section
724A-9, and then the official ballots or ballot cards shall be
8recounted on the automatic tabulating equipment. In addition,
9(1) the ballot or ballot cards shall be checked for the
10presence or absence of judges' initials and other
11distinguishing marks, and (2) the ballots marked "Rejected",
12"Defective", "Objected to", "Vote by Mail Ballot", and "Early
13Ballot" shall be examined to determine the propriety of the
14labels, and (3) the "Duplicate Vote by Mail Ballots",
15"Duplicate Early Ballots", "Duplicate Overvoted Ballots", and
16"Duplicate Damaged Ballots" shall be compared with their
17respective originals to determine the correctness of the
18duplicates.
19 Any person who has filed a petition for discovery recount
20may request that a redundant count be conducted in those
21precincts in which the discovery recount is being conducted.
22The additional costs of such a redundant count shall be borne
23by the requesting party.
24 The log of the computer operator and all materials retained
25by the election authority in relation to vote tabulation and
26canvass shall be made available for any discovery recount or

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1election contest.
2(Source: P.A. 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15;
3revised 9-2-16.)
4 Section 75. The State Budget Law of the Civil
5Administrative Code of Illinois is amended by changing Section
650-15 as follows:
7 (15 ILCS 20/50-15) (was 15 ILCS 20/38.2)
8 Sec. 50-15. Department accountability reports.
9 (a) Beginning in the fiscal year which begins July 1, 1992,
10each department of State government as listed in Section 5-15
11of the Departments of State Government Law (20 ILCS 5/5-15)
12shall submit an annual accountability report to the Bureau of
13the Budget (now Governor's Office of Management and Budget) at
14times designated by the Director of the Bureau of the Budget
15(now Governor's Office of Management and Budget). Each
16accountability report shall be designed to assist the Bureau
17(now Office) in its duties under Sections 2.2 and 2.3 of the
18Governor's Office of Management and Budget Act and shall
19measure the department's performance based on criteria, goals,
20and objectives established by the department with the oversight
21and assistance of the Bureau (now Office). Each department
22shall also submit interim progress reports at times designated
23by the Director of the Bureau (now Office).
24 (b) (Blank).

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1 (c) The Director of the Bureau (now Office) shall select
2not more than 3 departments for a pilot program implementing
3the procedures of subsection (a) for budget requests for the
4fiscal years beginning July 1, 1990 and July 1, 1991, and each
5of the departments elected shall submit accountability reports
6for those fiscal years.
7 By April 1, 1991, the Bureau (now Office) shall recommend
8in writing to the Governor any changes in the budget review
9process established pursuant to this Section suggested by its
10evaluation of the pilot program. The Governor shall submit
11changes to the budget review process that the Governor plans to
12adopt, based on the report, to the President and Minority
13Leader of the Senate and the Speaker and Minority Leader of the
14House of Representatives.
15(Source: P.A. 94-793, eff. 5-19-06; revised 9-19-16.)
16 Section 80. The Secretary of State Act is amended by
17changing Section 6 as follows:
18 (15 ILCS 305/6) (from Ch. 124, par. 6)
19 Sec. 6. The Secretary of State shall keep a current file,
20in alphabetical order, of every sanitary district in the State.
21Whenever an ordinance for a name change is passed pursuant to
22Section 4.1 of the "Sanitary District Act of 1917, as now or
23hereafter amended, he shall make the certification required by
24that Section.

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1(Source: P.A. 80-424; revised 9-19-16.)
2 Section 85. The Illinois Identification Card Act is amended
3by changing Sections 1A, 5, and 12 as follows:
4 (15 ILCS 335/1A)
5 Sec. 1A. Definitions. As used in this Act:
6 "Highly restricted personal information" means an
7individual's photograph, signature, social security number,
8and medical or disability information.
9 "Identification card making implement" means any material,
10hardware, or software that is specifically designed for or
11primarily used in the manufacture, assembly, issuance, or
12authentication of an official identification card issued by the
13Secretary of State.
14 "Fraudulent identification card" means any identification
15card that purports to be an official identification card for
16which a computerized number and file have not been created by
17the Secretary of State, the United States Government or any
18state or political subdivision thereof, or any governmental or
19quasi-governmental organization. For the purpose of this Act,
20any identification card that resembles an official
21identification card in either size, color, photograph
22location, or design or uses the word "official", "state",
23"Illinois", or the name of any other state or political
24subdivision thereof, or any governmental or quasi-governmental

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1organization individually or in any combination thereof to
2describe or modify the term "identification card" or "I.D.
3card" anywhere on the card, or uses a shape in the likeness of
4Illinois or any other state on the photograph side of the card,
5is deemed to be a fraudulent identification card unless the
6words "This is not an official Identification Card", appear
7prominently upon it in black colored lettering in 12-point 12
8point type on the photograph side of the card, and no such card
9shall be smaller in size than 3 inches by 4 inches, and the
10photograph shall be on the left side of the card only.
11 "Legal name" means the full given name and surname of an
12individual as recorded at birth, recorded at marriage, or
13deemed as the correct legal name for use in reporting income by
14the Social Security Administration or the name as otherwise
15established through legal action that appears on the associated
16official document presented to the Secretary of State.
17 "Personally identifying information" means information
18that identifies an individual, including his or her
19identification card number, name, address (but not the 5-digit
20zip code), and telephone number.
21 "Homeless person" or "homeless individual" has the same
22meaning as defined by the federal McKinney-Vento Homeless
23Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
24 "Youth for whom the Department of Children and Family
25Services is legally responsible for" or "foster "Foster child"
26means a child or youth whose guardianship or custody has been

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1accepted by the Department of Children and Family Services
2pursuant to the Juvenile Court Act of 1987, the Children and
3Family Services Act, the Abused and Neglected Child Reporting
4Act, and the Adoption Act. This applies to children for whom
5the Department of Children and Family Services has temporary
6protective custody, custody or guardianship via court order, or
7children whose parents have signed an adoptive surrender or
8voluntary placement agreement with the Department.
9(Source: P.A. 99-659, eff. 7-28-16; revised 10-3-16.)
10 (15 ILCS 335/5) (from Ch. 124, par. 25)
11 Sec. 5. Applications.
12 (a) Any natural person who is a resident of the State of
13Illinois may file an application for an identification card, or
14for the renewal thereof, in a manner prescribed by the
15Secretary. Each original application shall be completed by the
16applicant in full and shall set forth the legal name, residence
17address and zip code, social security number, birth date, sex
18and a brief description of the applicant. The applicant shall
19be photographed, unless the Secretary of State has provided by
20rule for the issuance of identification cards without
21photographs and the applicant is deemed eligible for an
22identification card without a photograph under the terms and
23conditions imposed by the Secretary of State, and he or she
24shall also submit any other information as the Secretary may
25deem necessary or such documentation as the Secretary may

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1require to determine the identity of the applicant. In addition
2to the residence address, the Secretary may allow the applicant
3to provide a mailing address. If the applicant is a judicial
4officer as defined in Section 1-10 of the Judicial Privacy Act
5or a peace officer, the applicant may elect to have his or her
6office or work address in lieu of the applicant's residence or
7mailing address. An applicant for an Illinois Person with a
8Disability Identification Card must also submit with each
9original or renewal application, on forms prescribed by the
10Secretary, such documentation as the Secretary may require,
11establishing that the applicant is a "person with a disability"
12as defined in Section 4A of this Act, and setting forth the
13applicant's type and class of disability as set forth in
14Section 4A of this Act. For the purposes of this subsection
15(a), "peace officer" means any person who by virtue of his or
16her office or public employment is vested by law with a duty to
17maintain public order or to make arrests for a violation of any
18penal statute of this State, whether that duty extends to all
19violations or is limited to specific violations.
20 (b) Beginning on or before July 1, 2015, for each original
21or renewal identification card application under this Act, the
22Secretary shall inquire as to whether the applicant is a
23veteran for purposes of issuing an identification card with a
24veteran designation under subsection (c-5) of Section 4 of this
25Act. The acceptable forms of proof shall include, but are not
26limited to, Department of Defense form DD-214. The Illinois

HB3855 Enrolled- 77 -LRB100 05985 AMC 16014 b
1Department of Veterans' Affairs shall advise the Secretary as
2to what other forms of proof of a person's status as a veteran
3are acceptable.
4 The Illinois Department of Veterans' Affairs shall confirm
5the status of the applicant as an honorably discharged veteran
6before the Secretary may issue the identification card.
7 For purposes of this subsection (b):
8 "Armed forces" means any of the Armed Forces of the United
9States, including a member of any reserve component or National
10Guard unit.
11 "Veteran" means a person who has served in the armed forces
12and was discharged or separated under honorable conditions.
13 (c) Beginning July 1, 2017, all applicants for standard
14Illinois Identification Cards and Illinois Person with a
15Disability Identification Cards shall provide proof of lawful
16status in the United States as defined in 6 CFR 37.3, as
17amended. Applicants who are unable to provide the Secretary
18with proof of lawful status are ineligible for identification
19cards under this Act.
20(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
2199-511, eff. 1-1-17; 99-544, eff. 7-15-16; revised 9-21-16.)
22 (15 ILCS 335/12) (from Ch. 124, par. 32)
23 (Text of Section before amendment by P.A. 99-907)
24 Sec. 12. Fees concerning standard Standard Illinois
25Identification Cards. The fees required under this Act for

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1standard Illinois Identification Cards must accompany any
2application provided for in this Act, and the Secretary shall
3collect such fees as follows:
4 a. Original card...............................$20
5 b. Renewal card................................20
6 c. Corrected card..............................10
7 d. Duplicate card..............................20
8 e. Certified copy with seal ...................5
9 f. Search .....................................2
10 g. Applicant 65 years of age or over ..........No Fee
11 h. (Blank) ....................................
12 i. Individual living in Veterans
13 Home or Hospital ...........................No Fee
14 j. Original card under 18 years of age..........$10
15 k. Renewal card under 18 years of age...........$10
16 l. Corrected card under 18 years of age.........$5
17 m. Duplicate card under 18 years of age.........$10
18 n. Homeless person..............................No Fee
19 o. Duplicate card issued to an active-duty
20 member of the United States Armed Forces, the
21 member's spouse, or dependent children
22 living with the member......................No Fee
23 p. Duplicate temporary card.....................$5
24 q. p. First card issued to a youth
25 for whom the Department of Children
26 and Family Services is legally responsible

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1 for or a foster child upon turning the age of
2 16 years old until he or she reaches
3 they reach the age of 21 years old.......... No Fee
4 All fees collected under this Act shall be paid into the
5Road Fund of the State treasury, except that the following
6amounts shall be paid into the General Revenue Fund: (i) 80% of
7the fee for an original, renewal, or duplicate Illinois
8Identification Card issued on or after January 1, 2005; and
9(ii) 80% of the fee for a corrected Illinois Identification
10Card issued on or after January 1, 2005.
11 An individual, who resides in a veterans home or veterans
12hospital operated by the State state or federal government, who
13makes an application for an Illinois Identification Card to be
14issued at no fee, must submit, along with the application, an
15affirmation by the applicant on a form provided by the
16Secretary of State, that such person resides in a veterans home
17or veterans hospital operated by the State state or federal
18government.
19 The application of a homeless individual for an Illinois
20Identification Card to be issued at no fee must be accompanied
21by an affirmation by a qualified person, as defined in Section
224C of this Act, on a form provided by the Secretary of State,
23that the applicant is currently homeless as defined in Section
241A of this Act.
25 For the application for the first Illinois Identification
26Card of a youth for whom the Department of Children and Family

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1Services is legally responsible for or a foster child to be
2issued at no fee, the youth must submit, along with the
3application, an affirmation by his or her court appointed
4attorney or an employee of the Department of Children and
5Family Services on a form provided by the Secretary of State,
6that the person is a youth for whom the Department of Children
7and Family Services is legally responsible for or a foster
8child.
9 The fee for any duplicate identification card shall be
10waived for any person who presents the Secretary of State's
11Office with a police report showing that his or her
12identification card was stolen.
13 The fee for any duplicate identification card shall be
14waived for any person age 60 or older whose identification card
15has been lost or stolen.
16 As used in this Section, "active-duty member of the United
17States Armed Forces" means a member of the Armed Services or
18Reserve Forces of the United States or a member of the Illinois
19National Guard who is called to active duty pursuant to an
20executive order of the President of the United States, an act
21of the Congress of the United States, or an order of the
22Governor.
23(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;
24revised 9-21-16.)
25 (Text of Section after amendment by P.A. 99-907)

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1 Sec. 12. Fees concerning standard Standard Illinois
2Identification Cards. The fees required under this Act for
3standard Illinois Identification Cards must accompany any
4application provided for in this Act, and the Secretary shall
5collect such fees as follows:
6 a. Original card...............................$20
7 b. Renewal card................................20
8 c. Corrected card..............................10
9 d. Duplicate card..............................20
10 e. Certified copy with seal ...................5
11 f. Search .....................................2
12 g. Applicant 65 years of age or over ..........No Fee
13 h. (Blank) ....................................
14 i. Individual living in Veterans
15 Home or Hospital ...........................No Fee
16 j. Original card under 18 years of age..........$10
17 k. Renewal card under 18 years of age...........$10
18 l. Corrected card under 18 years of age.........$5
19 m. Duplicate card under 18 years of age.........$10
20 n. Homeless person..............................No Fee
21 o. Duplicate card issued to an active-duty
22 member of the United States Armed Forces, the
23 member's spouse, or dependent children
24 living with the member......................No Fee
25 p. Duplicate temporary card.....................$5
26 q. p. First card issued to a youth

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1 for whom the Department of Children
2 and Family Services is legally responsible
3 for or a foster child upon turning the age of
4 16 years old until he or she reaches
5 they reach the age of 21 years old.......... No Fee
6 r. p. Original card issued to a committed
7 person upon release on parole,
8 mandatory supervised release,
9 aftercare release, final
10 discharge, or pardon from the
11 Department of Corrections or
12 Department of Juvenile Justice..............No Fee
13 s. q. Limited-term Illinois Identification
14 Card issued to a committed person
15 upon release on parole, mandatory
16 supervised release, aftercare
17 release, final discharge, or pardon
18 from the Department of
19 Corrections or Department of
20 Juvenile Justice............................No Fee
21 All fees collected under this Act shall be paid into the
22Road Fund of the State treasury, except that the following
23amounts shall be paid into the General Revenue Fund: (i) 80% of
24the fee for an original, renewal, or duplicate Illinois
25Identification Card issued on or after January 1, 2005; and
26(ii) 80% of the fee for a corrected Illinois Identification

HB3855 Enrolled- 83 -LRB100 05985 AMC 16014 b
1Card issued on or after January 1, 2005.
2 An individual, who resides in a veterans home or veterans
3hospital operated by the State state or federal government, who
4makes an application for an Illinois Identification Card to be
5issued at no fee, must submit, along with the application, an
6affirmation by the applicant on a form provided by the
7Secretary of State, that such person resides in a veterans home
8or veterans hospital operated by the State state or federal
9government.
10 The application of a homeless individual for an Illinois
11Identification Card to be issued at no fee must be accompanied
12by an affirmation by a qualified person, as defined in Section
134C of this Act, on a form provided by the Secretary of State,
14that the applicant is currently homeless as defined in Section
151A of this Act.
16 For the application for the first Illinois Identification
17Card of a youth for whom the Department of Children and Family
18Services is legally responsible for or a foster child to be
19issued at no fee, the youth must submit, along with the
20application, an affirmation by his or her court appointed
21attorney or an employee of the Department of Children and
22Family Services on a form provided by the Secretary of State,
23that the person is a youth for whom the Department of Children
24and Family Services is legally responsible for or a foster
25child.
26 The fee for any duplicate identification card shall be

HB3855 Enrolled- 84 -LRB100 05985 AMC 16014 b
1waived for any person who presents the Secretary of State's
2Office with a police report showing that his or her
3identification card was stolen.
4 The fee for any duplicate identification card shall be
5waived for any person age 60 or older whose identification card
6has been lost or stolen.
7 As used in this Section, "active-duty member of the United
8States Armed Forces" means a member of the Armed Services or
9Reserve Forces of the United States or a member of the Illinois
10National Guard who is called to active duty pursuant to an
11executive order of the President of the United States, an act
12of the Congress of the United States, or an order of the
13Governor.
14(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;
1599-907, eff. 7-1-17; revised 1-3-17.)
16 Section 90. The State Comptroller Act is amended by
17changing Section 22 as follows:
18 (15 ILCS 405/22) (from Ch. 15, par. 222)
19 Sec. 22. Transition; Auditor Transition-Auditor of Public
20Accounts to comptroller.
21 (a) Except as otherwise specifically provided by law, the
22comptroller shall succeed to all rights, powers, duties and
23liabilities of the Auditor of Public Accounts in effect on
24January 7, 1973. Warrants outstanding on the effective date of

HB3855 Enrolled- 85 -LRB100 05985 AMC 16014 b
1this Act shall be governed by the law in effect on January 7,
21973, except for such provisions of this Act as may be made
3applicable to such warrants by regulation adopted by the
4comptroller with the approval of the State Treasurer. All
5books, records, equipment, property, and personnel held by, in
6the custody of or employed by the Auditor of Public Accounts on
7that date shall be transferred to the comptroller on the
8effective date of this Act. This transfer of personnel from the
9office of Auditor of Public Accounts to the office of the
10comptroller shall in no way affect the status of such personnel
11under the "Personnel Code" or the State Employees Retirement
12System or as respects any employment benefits to which they
13were entitled on the day immediately preceding the transfer.
14 (b) In order to achieve a smooth and orderly transition
15from the system of accounts and reports maintained or provided
16by or for the Auditor of Public Accounts to the new uniform
17accounting system and the expanded reporting and
18accountability for public funds required by this Act, and the
19warrant and payroll procedures required by this Act which may
20be different from those provided by the law in effect on
21January 7, 1973, the comptroller may, by interim regulations,
22provide for the gradual changeover to the new systems, forms
23and procedures. The complete implementation of the new uniform
24accounting system and of the forms and procedures for reporting
25and documentation by all State agencies and the handling of
26warrants and payroll, as provided by this Act, must be

HB3855 Enrolled- 86 -LRB100 05985 AMC 16014 b
1finalized and in effect no later than July 1, 1974.
2 (c) The Warrant Escheat Fund, a special fund of which the
3State Treasurer is ex officio ex-officio custodian, as
4heretofore established by law is retained.
5(Source: P.A. 77-2807; revised 9-19-16.)
6 Section 95. The Department of Agriculture Law of the Civil
7Administrative Code of Illinois is amended by changing Section
8205-15 as follows:
9 (20 ILCS 205/205-15) (was 20 ILCS 205/40.7 and 205/40.8)
10 Sec. 205-15. Promotional activities.
11 (a) The Department has the power to encourage and promote,
12in every practicable manner, the interests of agriculture,
13including horticulture, the livestock industry, dairying,
14cheese making, poultry, bee keeping, forestry, the production
15of wool, and all other allied industries. In furtherance of the
16duties set forth in this Section, the Department may establish
17trust funds and bank accounts in adequately protected financial
18institutions to receive and disburse monies in connection with
19the conduct of food shows, food expositions, trade shows, and
20other promotional activities and to sell at cost, to qualified
21applicants, signs designating farms that have been owned for
22100 years or more, 150 years or more, or 200 years or more by
23lineal or collateral descendants of the same family as
24"Centennial Farms", "Sesquicentennial Farms", or "Bicentennial

HB3855 Enrolled- 87 -LRB100 05985 AMC 16014 b
1Farms" respectively. The Department shall provide applications
2for the signs, which shall be submitted with the required fee.
3"Centennial Farms", "Sesquicentennial Farms", and
4"Bicentennial Farms" signs shall not contain within their
5design the name, picture, or other likeness of any elected
6public official or any appointed public official.
7 (b) The Department has the power to promote improved
8methods of conducting the several industries described in
9subsection (a) with a view to increasing the production and
10facilitating the distribution thereof at the least cost.
11 (c) The Department may sell at cost, to qualified
12applicants, signs designating an agribusiness that has been
13operated for 100 years or more or more than 150 years or more
14as the same agribusiness. As used in this subsection (c),
15"agribusiness" means a business or businesses under the same
16name or ownership that are collectively associated with the
17production, processing, and distribution of agricultural
18products. The Department shall provide applications for the
19signs, which shall be submitted with the required fee.
20(Source: P.A. 99-823, eff. 1-1-17; 99-824, eff. 8-16-16;
21revised 10-11-16.)
22 Section 100. The Alcoholism and Other Drug Abuse and
23Dependency Act is amended by changing Sections 5-23 and 10-15
24as follows:

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1 (20 ILCS 301/5-23)
2 Sec. 5-23. Drug Overdose Prevention Program.
3 (a) Reports of drug overdose.
4 (1) The Director of the Division of Alcoholism and
5 Substance Abuse shall publish annually a report on drug
6 overdose trends statewide that reviews State death rates
7 from available data to ascertain changes in the causes or
8 rates of fatal and nonfatal drug overdose. The report shall
9 also provide information on interventions that would be
10 effective in reducing the rate of fatal or nonfatal drug
11 overdose and shall include an analysis of drug overdose
12 information reported to the Department of Public Health
13 pursuant to subsection (e) of Section 3-3013 of the
14 Counties Code, Section 6.14g of the Hospital Licensing Act,
15 and subsection (j) of Section 22-30 of the School Code.
16 (2) The report may include:
17 (A) Trends in drug overdose death rates.
18 (B) Trends in emergency room utilization related
19 to drug overdose and the cost impact of emergency room
20 utilization.
21 (C) Trends in utilization of pre-hospital and
22 emergency services and the cost impact of emergency
23 services utilization.
24 (D) Suggested improvements in data collection.
25 (E) A description of other interventions effective
26 in reducing the rate of fatal or nonfatal drug

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1 overdose.
2 (F) A description of efforts undertaken to educate
3 the public about unused medication and about how to
4 properly dispose of unused medication, including the
5 number of registered collection receptacles in this
6 State, mail-back programs, and drug take-back events.
7 (b) Programs; drug overdose prevention.
8 (1) The Director may establish a program to provide for
9 the production and publication, in electronic and other
10 formats, of drug overdose prevention, recognition, and
11 response literature. The Director may develop and
12 disseminate curricula for use by professionals,
13 organizations, individuals, or committees interested in
14 the prevention of fatal and nonfatal drug overdose,
15 including, but not limited to, drug users, jail and prison
16 personnel, jail and prison inmates, drug treatment
17 professionals, emergency medical personnel, hospital
18 staff, families and associates of drug users, peace
19 officers, firefighters, public safety officers, needle
20 exchange program staff, and other persons. In addition to
21 information regarding drug overdose prevention,
22 recognition, and response, literature produced by the
23 Department shall stress that drug use remains illegal and
24 highly dangerous and that complete abstinence from illegal
25 drug use is the healthiest choice. The literature shall
26 provide information and resources for substance abuse

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1 treatment.
2 The Director may establish or authorize programs for
3 prescribing, dispensing, or distributing opioid
4 antagonists for the treatment of drug overdose. Such
5 programs may include the prescribing of opioid antagonists
6 for the treatment of drug overdose to a person who is not
7 at risk of opioid overdose but who, in the judgment of the
8 health care professional, may be in a position to assist
9 another individual during an opioid-related drug overdose
10 and who has received basic instruction on how to administer
11 an opioid antagonist.
12 (2) The Director may provide advice to State and local
13 officials on the growing drug overdose crisis, including
14 the prevalence of drug overdose incidents, programs
15 promoting the disposal of unused prescription drugs,
16 trends in drug overdose incidents, and solutions to the
17 drug overdose crisis.
18 (c) Grants.
19 (1) The Director may award grants, in accordance with
20 this subsection, to create or support local drug overdose
21 prevention, recognition, and response projects. Local
22 health departments, correctional institutions, hospitals,
23 universities, community-based organizations, and
24 faith-based organizations may apply to the Department for a
25 grant under this subsection at the time and in the manner
26 the Director prescribes.

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1 (2) In awarding grants, the Director shall consider the
2 necessity for overdose prevention projects in various
3 settings and shall encourage all grant applicants to
4 develop interventions that will be effective and viable in
5 their local areas.
6 (3) The Director shall give preference for grants to
7 proposals that, in addition to providing life-saving
8 interventions and responses, provide information to drug
9 users on how to access drug treatment or other strategies
10 for abstaining from illegal drugs. The Director shall give
11 preference to proposals that include one or more of the
12 following elements:
13 (A) Policies and projects to encourage persons,
14 including drug users, to call 911 when they witness a
15 potentially fatal drug overdose.
16 (B) Drug overdose prevention, recognition, and
17 response education projects in drug treatment centers,
18 outreach programs, and other organizations that work
19 with, or have access to, drug users and their families
20 and communities.
21 (C) Drug overdose recognition and response
22 training, including rescue breathing, in drug
23 treatment centers and for other organizations that
24 work with, or have access to, drug users and their
25 families and communities.
26 (D) The production and distribution of targeted or

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1 mass media materials on drug overdose prevention and
2 response, the potential dangers of keeping unused
3 prescription drugs in the home, and methods to properly
4 dispose of unused prescription drugs.
5 (E) Prescription and distribution of opioid
6 antagonists.
7 (F) The institution of education and training
8 projects on drug overdose response and treatment for
9 emergency services and law enforcement personnel.
10 (G) A system of parent, family, and survivor
11 education and mutual support groups.
12 (4) In addition to moneys appropriated by the General
13 Assembly, the Director may seek grants from private
14 foundations, the federal government, and other sources to
15 fund the grants under this Section and to fund an
16 evaluation of the programs supported by the grants.
17 (d) Health care professional prescription of opioid
18antagonists.
19 (1) A health care professional who, acting in good
20 faith, directly or by standing order, prescribes or
21 dispenses an opioid antagonist to: (a) a patient who, in
22 the judgment of the health care professional, is capable of
23 administering the drug in an emergency, or (b) a person who
24 is not at risk of opioid overdose but who, in the judgment
25 of the health care professional, may be in a position to
26 assist another individual during an opioid-related drug

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1 overdose and who has received basic instruction on how to
2 administer an opioid antagonist shall not, as a result of
3 his or her acts or omissions, be subject to: (i) any
4 disciplinary or other adverse action under the Medical
5 Practice Act of 1987, the Physician Assistant Practice Act
6 of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
7 or any other professional licensing statute or (ii) any
8 criminal liability, except for willful and wanton
9 misconduct.
10 (2) A person who is not otherwise licensed to
11 administer an opioid antagonist may in an emergency
12 administer without fee an opioid antagonist if the person
13 has received the patient information specified in
14 paragraph (4) of this subsection and believes in good faith
15 that another person is experiencing a drug overdose. The
16 person shall not, as a result of his or her acts or
17 omissions, be (i) liable for any violation of the Medical
18 Practice Act of 1987, the Physician Assistant Practice Act
19 of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
20 or any other professional licensing statute, or (ii)
21 subject to any criminal prosecution or civil liability,
22 except for willful and wanton misconduct.
23 (3) A health care professional prescribing an opioid
24 antagonist to a patient shall ensure that the patient
25 receives the patient information specified in paragraph
26 (4) of this subsection. Patient information may be provided

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1 by the health care professional or a community-based
2 organization, substance abuse program, or other
3 organization with which the health care professional
4 establishes a written agreement that includes a
5 description of how the organization will provide patient
6 information, how employees or volunteers providing
7 information will be trained, and standards for documenting
8 the provision of patient information to patients.
9 Provision of patient information shall be documented in the
10 patient's medical record or through similar means as
11 determined by agreement between the health care
12 professional and the organization. The Director of the
13 Division of Alcoholism and Substance Abuse, in
14 consultation with statewide organizations representing
15 physicians, pharmacists, advanced practice nurses,
16 physician assistants, substance abuse programs, and other
17 interested groups, shall develop and disseminate to health
18 care professionals, community-based organizations,
19 substance abuse programs, and other organizations training
20 materials in video, electronic, or other formats to
21 facilitate the provision of such patient information.
22 (4) For the purposes of this subsection:
23 "Opioid antagonist" means a drug that binds to opioid
24 receptors and blocks or inhibits the effect of opioids
25 acting on those receptors, including, but not limited to,
26 naloxone hydrochloride or any other similarly acting drug

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1 approved by the U.S. Food and Drug Administration.
2 "Health care professional" means a physician licensed
3 to practice medicine in all its branches, a licensed
4 physician assistant with prescriptive authority, a
5 licensed advanced practice nurse with prescriptive
6 authority, an advanced practice nurse or physician
7 assistant who practices in a hospital, hospital affiliate,
8 or ambulatory surgical treatment center and possesses
9 appropriate clinical privileges in accordance with the
10 Nurse Practice Act, or a pharmacist licensed to practice
11 pharmacy under the Pharmacy Practice Act.
12 "Patient" includes a person who is not at risk of
13 opioid overdose but who, in the judgment of the physician,
14 advanced practice nurse, or physician assistant, may be in
15 a position to assist another individual during an overdose
16 and who has received patient information as required in
17 paragraph (2) of this subsection on the indications for and
18 administration of an opioid antagonist.
19 "Patient information" includes information provided to
20 the patient on drug overdose prevention and recognition;
21 how to perform rescue breathing and resuscitation; opioid
22 antagonist dosage and administration; the importance of
23 calling 911; care for the overdose victim after
24 administration of the overdose antagonist; and other
25 issues as necessary.
26 (e) Drug overdose response policy.

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1 (1) Every State and local government agency that
2 employs a law enforcement officer or fireman as those terms
3 are defined in the Line of Duty Compensation Act must
4 possess opioid antagonists and must establish a policy to
5 control the acquisition, storage, transportation, and
6 administration of such opioid antagonists and to provide
7 training in the administration of opioid antagonists. A
8 State or local government agency that employs a fireman as
9 defined in the Line of Duty Compensation Act but does not
10 respond to emergency medical calls or provide medical
11 services shall be exempt from this subsection.
12 (2) Every publicly or privately owned ambulance,
13 special emergency medical services vehicle, non-transport
14 vehicle, or ambulance assist vehicle, as described in the
15 Emergency Medical Services (EMS) Systems Act, which
16 responds to requests for emergency services or transports
17 patients between hospitals in emergency situations must
18 possess opioid antagonists.
19 (3) Entities that are required under paragraphs (1) and
20 (2) to possess opioid antagonists may also apply to the
21 Department for a grant to fund the acquisition of opioid
22 antagonists and training programs on the administration of
23 opioid antagonists.
24(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
2599-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)

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1 (20 ILCS 301/10-15)
2 Sec. 10-15. Qualification and appointment of members. The
3membership of the Illinois Advisory Council shall consist of:
4 (a) A State's Attorney designated by the President of
5 the Illinois State's Attorneys Association.
6 (b) A judge designated by the Chief Justice of the
7 Illinois Supreme Court.
8 (c) A Public Defender appointed by the President of the
9 Illinois Public Defender Defenders Association.
10 (d) A local law enforcement officer appointed by the
11 Governor.
12 (e) A labor representative appointed by the Governor.
13 (f) An educator appointed by the Governor.
14 (g) A physician licensed to practice medicine in all
15 its branches appointed by the Governor with due regard for
16 the appointee's knowledge of the field of alcoholism and
17 other drug abuse and dependency.
18 (h) 4 members of the Illinois House of Representatives,
19 2 each appointed by the Speaker and Minority Leader.
20 (i) 4 members of the Illinois Senate, 2 each appointed
21 by the President and Minority Leader.
22 (j) The President of the Illinois Alcoholism and Drug
23 Dependence Association.
24 (k) An advocate for the needs of youth appointed by the
25 Governor.
26 (l) The President of the Illinois State Medical Society

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1 or his or her designee.
2 (m) The President of the Illinois Hospital Association
3 or his or her designee.
4 (n) The President of the Illinois Nurses Association or
5 a registered nurse designated by the President.
6 (o) The President of the Illinois Pharmacists
7 Association or a licensed pharmacist designated by the
8 President.
9 (p) The President of the Illinois Chapter of the
10 Association of Labor-Management Labor Management
11 Administrators and Consultants on Alcoholism.
12 (p-1) The President of the Community Behavioral
13 Healthcare Association of Illinois or his or her designee.
14 (q) The Attorney General or his or her designee.
15 (r) The State Comptroller or his or her designee.
16 (s) 20 public members, 8 appointed by the Governor, 3
17 of whom shall be representatives of alcoholism or other
18 drug abuse and dependency treatment programs and one of
19 whom shall be a representative of a manufacturer or
20 importing distributor of alcoholic liquor licensed by the
21 State of Illinois, and 3 public members appointed by each
22 of the President and Minority Leader of the Senate and the
23 Speaker and Minority Leader of the House.
24 (t) The Director, Secretary, or other chief
25 administrative officer, ex officio, or his or her designee,
26 of each of the following: the Department on Aging, the

HB3855 Enrolled- 99 -LRB100 05985 AMC 16014 b
1 Department of Children and Family Services, the Department
2 of Corrections, the Department of Juvenile Justice, the
3 Department of Healthcare and Family Services, the
4 Department of Revenue, the Department of Public Health, the
5 Department of Financial and Professional Regulation, the
6 Department of State Police, the Administrative Office of
7 the Illinois Courts, the Criminal Justice Information
8 Authority, and the Department of Transportation.
9 (u) Each of the following, ex officio, or his or her
10 designee: the Secretary of State, the State Superintendent
11 of Education, and the Chairman of the Board of Higher
12 Education.
13 The public members may not be officers or employees of the
14executive branch of State government; however, the public
15members may be officers or employees of a State college or
16university or of any law enforcement agency. In appointing
17members, due consideration shall be given to the experience of
18appointees in the fields of medicine, law, prevention,
19correctional activities, and social welfare. Vacancies in the
20public membership shall be filled for the unexpired term by
21appointment in like manner as for original appointments, and
22the appointive members shall serve until their successors are
23appointed and have qualified. Vacancies among the public
24members appointed by the legislative leaders shall be filled by
25the leader of the same house and of the same political party as
26the leader who originally appointed the member.

HB3855 Enrolled- 100 -LRB100 05985 AMC 16014 b
1 Each non-appointive member may designate a representative
2to serve in his place by written notice to the Department. All
3General Assembly members shall serve until their respective
4successors are appointed or until termination of their
5legislative service, whichever occurs first. The terms of
6office for each of the members appointed by the Governor shall
7be for 3 years, except that of the members first appointed, 3
8shall be appointed for a term of one year, and 4 shall be
9appointed for a term of 2 years. The terms of office of each of
10the public members appointed by the legislative leaders shall
11be for 2 years.
12(Source: P.A. 94-1033, eff. 7-1-07; revised 9-12-16.)
13 Section 105. The Personnel Code is amended by changing
14Section 10 as follows:
15 (20 ILCS 415/10) (from Ch. 127, par. 63b110)
16 Sec. 10. Duties and powers of the Commission. The Civil
17Service Commission shall have duties and powers as follows:
18 (1) Upon written recommendations by the Director of the
19 Department of Central Management Services to exempt from
20 jurisdiction B of this Act positions which, in the judgment
21 of the Commission, involve either principal administrative
22 responsibility for the determination of policy or
23 principal administrative responsibility for the way in
24 which policies are carried out. This authority may not be

HB3855 Enrolled- 101 -LRB100 05985 AMC 16014 b
1 exercised, however, with respect to the position of
2 Assistant Director of Healthcare and Family Services in the
3 Department of Healthcare and Family Services.
4 (2) To require such special reports from the Director
5 as it may consider desirable.
6 (3) To disapprove original rules or any part thereof
7 within 90 days and any amendment thereof within 30 days
8 after the submission of such rules to the Civil Service
9 Commission by the Director, and to disapprove any
10 amendments thereto in the same manner.
11 (4) To approve or disapprove within 60 days from date
12 of submission the position classification plan P.A.
13 submitted by the Director as provided in the rules, and any
14 revisions thereof within 30 days from the date of
15 submission.
16 (5) To hear appeals of employees who do not accept the
17 allocation of their positions under the position
18 classification plan.
19 (6) To hear and determine written charges filed seeking
20 the discharge, demotion of employees and suspension
21 totaling more than thirty days in any 12-month period, as
22 provided in Section 11 hereof, and appeals from transfers
23 from one geographical area in the State to another, and in
24 connection therewith to administer oaths, subpoena
25 witnesses, and compel the production of books and papers.
26 (7) The fees of subpoenaed witnesses under this Act for

HB3855 Enrolled- 102 -LRB100 05985 AMC 16014 b
1 attendance and travel shall be the same as fees of
2 witnesses before the circuit courts of the State, such fees
3 to be paid when the witness is excused from further
4 attendance. Whenever a subpoena is issued the Commission
5 may require that the cost of service and the fee of the
6 witness shall be borne by the party at whose insistence the
7 witness is summoned. The Commission has the power, at its
8 discretion, to require a deposit from such party to cover
9 the cost of service and witness fees and the payment of the
10 legal witness fee and mileage to the witness served with
11 the subpoena. A subpoena issued under this Act shall be
12 served in the same manner as a subpoena issued out of a
13 court.
14 Upon the failure or refusal to obey a subpoena, a
15 petition shall be prepared by the party serving the
16 subpoena for enforcement in the circuit court of the county
17 in which the person to whom the subpoena was directed
18 either resides or has his or her principal place of
19 business.
20 Not less than five days before the petition is filed in
21 the appropriate court, it shall be served on the person
22 along with a notice of the time and place the petition is
23 to be presented.
24 Following a hearing on the petition, the circuit court
25 shall have jurisdiction to enforce subpoenas issued
26 pursuant to this Section.

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1 On motion and for good cause shown the Commission may
2 quash or modify any subpoena.
3 (8) To make an annual report regarding the work of the
4 Commission to the Governor, such report to be a public
5 report.
6 (9) If any violation of this Act is found, the
7 Commission shall direct compliance in writing.
8 (10) To appoint a full-time executive secretary and
9 such other employees, experts, and special assistants as
10 may be necessary to carry out the powers and duties of the
11 Commission under this Act and employees, experts, and
12 special assistants so appointed by the Commission shall be
13 subject to the provisions of jurisdictions A, B and C of
14 this Act. These powers and duties supersede any contrary
15 provisions herein contained.
16 (11) To make rules to carry out and implement their
17 powers and duties under this Act, with authority to amend
18 such rules from time to time.
19 (12) To hear or conduct investigations as it deems
20 necessary of appeals of layoff filed by employees appointed
21 under Jurisdiction B after examination provided that such
22 appeals are filed within 15 calendar days following the
23 effective date of such layoff and are made on the basis
24 that the provisions of the Personnel Code or of the Rules
25 of the Department of Central Management Services relating
26 to layoff have been violated or have not been complied

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1 with.
2 All hearings shall be public. A decision shall be
3 rendered within 60 days after receipt of the transcript of
4 the proceedings. The Commission shall order the
5 reinstatement of the employee if it is proven that the
6 provisions of the Personnel Code or of the rules Rules of
7 the Department of Central Management Services relating to
8 layoff have been violated or have not been complied with.
9 In connection therewith the Commission may administer
10 oaths, subpoena witnesses, and compel the production of
11 books and papers.
12 (13) Whenever the Civil Service Commission is
13 authorized or required by law to consider some aspect of
14 criminal history record information for the purpose of
15 carrying out its statutory powers and responsibilities,
16 then, upon request and payment of fees in conformance with
17 the requirements of Section 2605-400 of the Department of
18 State Police Law (20 ILCS 2605/2605-400), the Department of
19 State Police is authorized to furnish, pursuant to positive
20 identification, such information contained in State files
21 as is necessary to fulfill the request.
22(Source: P.A. 95-331, eff. 8-21-07; revised 9-6-16.)
23 Section 110. The Department of Commerce and Economic
24Opportunity Law of the Civil Administrative Code of Illinois is
25amended by changing the heading of Article 605 as follows:

HB3855 Enrolled- 105 -LRB100 05985 AMC 16014 b
1 (20 ILCS 605/Art. 605 heading)
2
ARTICLE 605. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
3
COMMUNITY AFFAIRS
4 Section 115. The Technology Advancement and Development
5Act is amended by changing Section 1004 as follows:
6 (20 ILCS 700/1004) (from Ch. 127, par. 3701-4)
7 Sec. 1004. Duties and powers. The Department of Commerce
8and Economic Opportunity shall establish and administer any of
9the programs authorized under this Act subject to the
10availability of funds appropriated by the General Assembly. The
11Department may make awards from general revenue fund
12appropriations, federal reimbursement funds, and the
13Technology Cooperation Fund, as provided under the provisions
14of this Act. The Department, in addition to those powers
15granted under the Civil Administrative Code of Illinois, is
16granted the following powers to help administer the provisions
17of this Act:
18 (a) To provide financial assistance as direct or
19 participation grants, loans, or qualified security
20 investments to, or on behalf of, eligible applicants.
21 Loans, grants, and investments shall be made for the
22 purpose of increasing research and development,
23 commercializing technology, adopting advanced production

HB3855 Enrolled- 106 -LRB100 05985 AMC 16014 b
1 and processing techniques, and promoting job creation and
2 retention within Illinois;
3 (b) To enter into agreements, accept funds or grants,
4 and engage in cooperation with agencies of the federal
5 government, local units of government, universities,
6 research foundations or institutions, regional economic
7 development corporations, or other organizations for the
8 purposes of this Act;
9 (c) To enter into contracts, agreements, and memoranda
10 of understanding; and to provide funds for participation
11 agreements or to make any other agreements or contracts or
12 to invest, grant, or loan funds to any participating
13 intermediary organizations, including, not-for-profit
14 entities, for-profit entities, State agencies or
15 authorities, government owned and contract operated
16 facilities, institutions of higher education, other public
17 or private development corporations, or other entities
18 necessary or desirable to further the purpose of this Act.
19 Any such agreement or contract by an intermediary
20 organization to deliver programs authorized under this Act
21 may include terms and provisions, including, but not
22 limited to, organization and development of documentation,
23 review and approval of projects, servicing and
24 disbursement of funds, and other related activities;
25 (d) To fix, determine, charge, and collect any
26 premiums, fees, charges, costs, and expenses, including,

HB3855 Enrolled- 107 -LRB100 05985 AMC 16014 b
1 without limitation, any application fees, commitment fees,
2 program fees, financing charges, or publication fees in
3 connection with the Department's activities under this
4 Act;
5 (e) To establish forms for applications,
6 notifications, contracts, or any other agreements, and to
7 promulgate procedures, rules, or regulations deemed
8 necessary and appropriate;
9 (f) To establish and regulate the terms and conditions
10 of the Department's agreements and to consent, subject to
11 the provisions of any agreement with another party, to the
12 modification or restructuring of any agreement to which the
13 Department is a party;
14 (g) To require that recipients of financial assistance
15 shall at all times keep proper books of record and account
16 in accordance with generally accepted accounting
17 principles consistently applied, with such books open for
18 reasonable Department inspection and audits, including,
19 without limitation, the making of copies thereof;
20 (h) To require applicants or grantees receiving funds
21 under this Act to permit the Department to: (i) inspect and
22 audit any books, records or papers related to the project
23 in the custody or control of the applicant, including the
24 making of copies or extracts thereof, and (ii) inspect or
25 appraise any of the applicant's or grantee's business
26 assets;

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1 (i) To require applicants or grantees, upon written
2 request by the Department, to issue any necessary
3 authorization to the appropriate federal, State, or local
4 authority for the release of information concerning a
5 business or business project financed under the provisions
6 of this Act, with the information requested to include, but
7 not be limited to, financial reports, returns, or records
8 relating to that business or business project;
9 (i-5) To provide staffing, administration, and related
10 support required to manage the programs authorized under
11 this Act and to pay for staffing and administration as
12 appropriated by the General Assembly. Administrative
13 responsibilities may include, but are not limited to,
14 research and identification of the needs of commerce and
15 industry in this State; design of comprehensive statewide
16 plans and programs; direction, management, and control of
17 specific projects; and communication and cooperation with
18 entities about technology commercialization and business
19 modernization;
20 (j) To take whatever actions are necessary or
21 appropriate to protect the State's interest in the event of
22 bankruptcy, default, foreclosure or noncompliance with the
23 terms and conditions of financial assistance or
24 participation required under this Act, including the power
25 to sell, dispose, lease or rent, upon terms and conditions
26 determined by the Director to be appropriate, real or

HB3855 Enrolled- 109 -LRB100 05985 AMC 16014 b
1 personal property which the Department may receive as a
2 result thereof; and
3 (k) To exercise Exercise such other powers as are
4 necessary to carry out the purposes of this Act.
5(Source: P.A. 94-91, eff. 7-1-05; revised 9-6-16.)
6 Section 120. The Illinois Lottery Law is amended by
7changing Sections 10.8 and 21.6 as follows:
8 (20 ILCS 1605/10.8)
9 Sec. 10.8. Specialty retailers license.
10 (a) "Veterans service organization" means an organization
11that:
12 (1) is formed by and for United States military
13 veterans;
14 (2) is chartered by the United States Congress and
15 incorporated in the State of Illinois;
16 (3) maintains a state headquarters office in the State
17 of Illinois; and
18 (4) is not funded by the State of Illinois or by any
19 county in this State.
20 (b) The Department shall establish a special
21classification of retailer license to facilitate the
22year-round sale of the instant scratch-off lottery game
23established by the General Assembly in Section 21.6. The fees
24set forth in Section 10.2 do not apply to a specialty retailer

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1license.
2 The holder of a specialty retailer license (i) shall be a
3veterans service organization, (ii) may sell only specialty
4lottery tickets established for the benefit of the Illinois
5Veterans Assistance Fund in the State treasury, (iii) is
6required to purchase those tickets up front at face value from
7the Illinois Lottery, and (iv) must sell those tickets at face
8value. Specialty retailers may obtain a refund from the
9Department for any unsold specialty tickets that they have
10purchased for resale, as set forth in the specialty retailer
11agreement.
12 Specialty retailers shall receive a sales commission equal
13to 2% of the face value of specialty game tickets purchased
14from the Department, less adjustments for unsold tickets
15returned to the Illinois Lottery for credit. Specialty
16retailers may not cash winning tickets, but are entitled to a
171% bonus in connection with the sale of a winning specialty
18game ticket having a price value of $1,000 or more.
19(Source: P.A. 96-1105, eff. 7-19-10; 97-464, eff. 10-15-11;
20revised 9-2-16.)
21 (20 ILCS 1605/21.6)
22 Sec. 21.6. Scratch-off for Illinois veterans.
23 (a) The Department shall offer a special instant
24scratch-off game for the benefit of Illinois veterans. The game
25shall commence on January 1, 2006 or as soon thereafter, at the

HB3855 Enrolled- 111 -LRB100 05985 AMC 16014 b
1discretion of the Director, as is reasonably practical. The
2operation of the game shall be governed by this Act and any
3rules adopted by the Department. If any provision of this
4Section is inconsistent with any other provision of this Act,
5then this Section governs.
6 (b) The Illinois Veterans Assistance Fund is created as a
7special fund in the State treasury. The net revenue from the
8Illinois veterans scratch-off game shall be deposited into the
9Fund for appropriation by the General Assembly solely to the
10Department of Veterans' Veterans Affairs for making grants,
11funding additional services, or conducting additional research
12projects relating to each of the following:
13 (i) veterans' post traumatic stress disorder;
14 (ii) veterans' homelessness;
15 (iii) the health insurance costs of veterans;
16 (iv) veterans' disability benefits, including but not
17 limited to, disability benefits provided by veterans
18 service organizations and veterans assistance commissions
19 or centers;
20 (v) the long-term care of veterans; provided that,
21 beginning with moneys appropriated for fiscal year 2008, no
22 more than 20% of such moneys shall be used for health
23 insurance costs; and
24 (vi) veteran employment and employment training.
25 In order to expend moneys from this special fund, beginning
26with moneys appropriated for fiscal year 2008, the Director of

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1Veterans' Affairs shall appoint a 3-member funding
2authorization committee. The Director shall designate one of
3the members as chairperson. The committee shall meet on a
4quarterly basis, at a minimum, and shall authorize expenditure
5of moneys from the special fund by a two-thirds vote. Decisions
6of the committee shall not take effect unless and until
7approved by the Director of Veterans' Affairs. Each member of
8the committee shall serve until a replacement is named by the
9Director of Veterans' Affairs. One member of the committee
10shall be a member of the Veterans' Advisory Council.
11 Moneys collected from the special instant scratch-off game
12shall be used only as a supplemental financial resource and
13shall not supplant existing moneys that the Department of
14Veterans' Veterans Affairs may currently expend for the
15purposes set forth in items (i) through (v).
16 Moneys received for the purposes of this Section,
17including, without limitation, net revenue from the special
18instant scratch-off game and from gifts, grants, and awards
19from any public or private entity, must be deposited into the
20Fund. Any interest earned on moneys in the Fund must be
21deposited into the Fund.
22 For purposes of this subsection, "net revenue" means the
23total amount for which tickets have been sold less the sum of
24the amount paid out in the prizes and the actual administrative
25expenses of the Department solely related to the scratch-off
26game under this Section.

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1 (c) During the time that tickets are sold for the Illinois
2veterans scratch-off game, the Department shall not
3unreasonably diminish the efforts devoted to marketing any
4other instant scratch-off lottery game.
5 (d) The Department may adopt any rules necessary to
6implement and administer the provisions of this Section.
7(Source: P.A. 97-464, eff. 10-15-11; 97-740, eff. 7-5-12;
898-499, eff. 8-16-13; revised 9-2-16.)
9 Section 125. The Military Code of Illinois is amended by
10changing Section 28 as follows:
11 (20 ILCS 1805/28) (from Ch. 129, par. 220.28)
12 Sec. 28. When the Commander-in-Chief proclaims a time of
13public danger or when an emergency exists, the . The Adjutant
14General may purchase or authorize the purchase of stores and
15supplies in accordance with the emergency purchase provisions
16in the Illinois Procurement Code.
17(Source: P.A. 99-557, eff. 1-1-17; revised 9-8-16.)
18 Section 130. The State Guard Act is amended by changing
19Sections 53 and 54 as follows:
20 (20 ILCS 1815/53) (from Ch. 129, par. 281)
21 Sec. 53. Any officer, warrant officer, or enlisted man in
22the Illinois State Guard who knowingly makes any false

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1certificate or return to any superior officer authorized to
2call for such certificate or return, as to the state of his
3command, or as to the quartermaster, subsistence, or ordnance
4ordinance stores to it issued, or any officer who knowingly
5musters any officer, warrant officer, or enlisted man by other
6than his proper name, or who permits any officer, warrant
7officer, or enlisted man to substitute or sign another name
8than his own, or who enters the name of any man not duly or
9lawfully commissioned or enlisted in the muster or payroll of
10the State of Illinois, or who certifies falsely as to any
11actual duty performed or amounts due, or who in any other way
12makes or permits any false muster or return, or who, having
13drawn money from the State for public use, shall apply it or
14any part thereof to any use not duly authorized, may be
15punished as a court martial shall direct.
16(Source: P.A. 80-1495; revised 9-8-16.)
17 (20 ILCS 1815/54) (from Ch. 129, par. 282)
18 Sec. 54. Any officer, warrant officer, or enlisted man who
19willfully wilfully or through neglect suffers to be lost,
20spoiled, or damaged, any quartermaster, subsistence, or
21ordnance ordinance stores for which he is responsible or
22accountable, or who secretes, sells, or pawns, or attempts to
23secrete, sell, or pawn, any such stores or any other military
24property of the State, or by it issued, may be punished as a
25court martial shall direct.

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1(Source: P.A. 80-1495; revised 9-8-16.)
2 Section 135. The Department of Public Health Powers and
3Duties Law of the Civil Administrative Code of Illinois is
4amended by changing Sections 2310-367 and 2310-371.5 as
5follows:
6 (20 ILCS 2310/2310-367)
7 Sec. 2310-367. Health Data Task Force; purpose;
8implementation plan.
9 (a) In accordance with the recommendations of the 2007
10State Health Improvement Plan, it is the policy of the State
11that, to the extent possible and consistent with privacy and
12other laws, State public health data and health-related
13administrative data are to be used to understand and report on
14the scope of health problems, plan prevention programs, and
15evaluate program effectiveness at the State and community
16level. It is a priority to use data to address racial, ethnic,
17and other health disparities. This system is intended to
18support State and community level public health planning, and
19is not intended to supplant or replace data-use agreements
20between State agencies and academic researchers for more
21specific research needs.
22 (b) Within 30 days after August 24, 2007 (the effective
23date of Public Act 95-418), a Health Data Task Force shall be
24convened to create a system for public access to integrated

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1health data. The Task Force shall consist of the following: the
2Director of Public Health or his or her designee; the Director
3of Healthcare and Family Services or his or her designee; the
4Secretary of Human Services or his or her designee; the
5Director of the Department on Aging or his or her designee; the
6Director of Children and Family Services or his or her
7designee; the State Superintendent of Education or his or her
8designee; and other State officials as deemed appropriate by
9the Governor.
10 The Task Force shall be advised by a public advisory group
11consisting of community health data users, minority health
12advocates, local public health departments, and private data
13suppliers such as hospitals and other health care providers.
14Each member of the Task Force shall appoint 3 members of the
15public advisory group. The public advisory group shall assist
16the Task Force in setting goals, articulating user needs, and
17setting priorities for action.
18 The Department of Public Health is primarily responsible
19for providing staff and administrative support to the Task
20Force. The other State agencies represented on the Task Force
21shall work cooperatively with the Department of Public Health
22to provide administrative support to the Task Force. The
23Department of Public Health shall have ongoing responsibility
24for monitoring the implementation of the plan and shall have
25ongoing responsibility to identify new or emerging data or
26technology needs.

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1 The State agencies represented on the Task Force shall
2review their health data, data collection, and dissemination
3policies for opportunities to coordinate and integrate data and
4make data available within and outside State government in
5support of this State policy. To the extent possible, existing
6data infrastructure shall be used to create this system of
7public access to data. The Illinois Department of Healthcare
8Health Care and Family Services data warehouse and the Illinois
9Department of Public Health IPLAN Data System may be the
10foundation of this system.
11 (c) The Task Force shall produce a plan with a phased and
12prioritized implementation timetable focusing on assuring
13access to improving the quality of data necessary to understand
14health disparities. The Task Force shall submit an initial
15report to the General Assembly no later than July 1, 2008, and
16shall make annual reports to the General Assembly on or before
17July 1 of each year through 2011 of the progress toward
18implementing the plan.
19(Source: P.A. 97-813, eff. 7-13-12; revised 9-8-16.)
20 (20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371)
21 Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to
22appropriation, the Department of Public Health has the power to
23make matching grants from the Heartsaver AED Fund, a special
24fund created in the State treasury, to any school in the State,
25public park district, forest preserve district, conservation

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1district, sheriff's office, municipal police department,
2municipal recreation department, public library, college, or
3university to assist in the purchase of an Automated External
4Defibrillator. Applicants for AED grants must demonstrate that
5they have funds to pay 50% of the cost of the AEDs for which
6matching grant moneys are sought. Any school, public park
7district, forest preserve district, conservation district,
8sheriff's office, municipal police department, municipal
9recreation department, public library, college, or university
10applying for the grant shall not receive more than one grant
11from the Heartsaver AED Fund each fiscal year. The State
12Treasurer shall accept and deposit into the Fund all gifts,
13grants, transfers, appropriations, and other amounts from any
14legal source, public or private, that are designated for
15deposit into the Fund.
16(Source: P.A. 99-246, eff. 1-1-16; 99-501, eff. 3-18-16;
17revised 3-21-16.)
18 Section 140. The State Police Act is amended by changing
19Section 7 and by setting forth and renumbering multiple
20versions of Section 40 as follows:
21 (20 ILCS 2610/7) (from Ch. 121, par. 307.7)
22 Sec. 7. As soon as practicable after the members of the
23Board have been appointed, they shall meet and shall organize
24by electing a chairman and a secretary. The initial chairman

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1and secretary, and their successors, shall be elected by the
2Board from among its members for a term of two years or for the
3remainder of their term of office as a member of the Board,
4whichever which ever is the shorter. Three members of the Board
5shall constitute a quorum for the transaction of business. The
6Board shall hold regular quarterly meetings and such other
7meetings as may be called by the chairman.
8(Source: P.A. 80-1305; revised 10-5-16.)
9 (20 ILCS 2610/38)
10 Sec. 38 40. Disposal of medications. The Department may by
11rule authorize State Police officers to dispose of any unused
12medications under Section 18 of the Safe Pharmaceutical
13Disposal Act.
14(Source: P.A. 99-648, eff. 1-1-17; revised 10-4-16.)
15 (20 ILCS 2610/40)
16 Sec. 40. Training; administration of epinephrine.
17 (a) This Section, along with Section 10.19 of the Illinois
18Police Training Act, may be referred to as the Annie LeGere
19Law.
20 (b) For the purposes of this Section, "epinephrine
21auto-injector" means a single-use device used for the automatic
22injection of a pre-measured dose of epinephrine into the human
23body prescribed in the name of the Department.
24 (c) The Department may conduct or approve a training

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1program for State Police officers to recognize and respond to
2anaphylaxis, including, but not limited to:
3 (1) how to recognize symptoms of an allergic reaction;
4 (2) how to respond to an emergency involving an
5 allergic reaction;
6 (3) how to administer an epinephrine auto-injector;
7 (4) how to respond to an individual with a known
8 allergy as well as an individual with a previously unknown
9 allergy;
10 (5) a test demonstrating competency of the knowledge
11 required to recognize anaphylaxis and administer an
12 epinephrine auto-injector; and
13 (6) other criteria as determined in rules adopted by
14 the Department.
15 (d) The Department may authorize a State Police officer who
16has completed the training program under subsection (c) to
17carry, administer, or assist with the administration of
18epinephrine auto-injectors whenever he or she is performing
19official duties.
20 (e) The Department must establish a written policy to
21control the acquisition, storage, transportation,
22administration, and disposal of epinephrine auto-injectors
23before it allows any State Police officer to carry and
24administer epinephrine auto-injectors.
25 (f) A physician, physician's assistant with prescriptive
26authority, or advanced practice registered nurse with

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1prescriptive authority may provide a standing protocol or
2prescription for epinephrine auto-injectors in the name of the
3Department to be maintained for use when necessary.
4 (g) When a State Police officer administers epinephrine
5auto-injector in good faith, the officer and the Department,
6and its employees and agents, incur no liability, except for
7willful and wanton conduct, as a result of any injury or death
8arising from the use of an epinephrine auto-injector.
9(Source: P.A. 99-711, eff. 1-1-17.)
10 Section 145. The Criminal Identification Act is amended by
11changing Section 5.2 as follows:
12 (20 ILCS 2630/5.2)
13 Sec. 5.2. Expungement and sealing.
14 (a) General Provisions.
15 (1) Definitions. In this Act, words and phrases have
16 the meanings set forth in this subsection, except when a
17 particular context clearly requires a different meaning.
18 (A) The following terms shall have the meanings
19 ascribed to them in the Unified Code of Corrections,
20 730 ILCS 5/5-1-2 through 5/5-1-22:
21 (i) Business Offense (730 ILCS 5/5-1-2),
22 (ii) Charge (730 ILCS 5/5-1-3),
23 (iii) Court (730 ILCS 5/5-1-6),
24 (iv) Defendant (730 ILCS 5/5-1-7),

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1 (v) Felony (730 ILCS 5/5-1-9),
2 (vi) Imprisonment (730 ILCS 5/5-1-10),
3 (vii) Judgment (730 ILCS 5/5-1-12),
4 (viii) Misdemeanor (730 ILCS 5/5-1-14),
5 (ix) Offense (730 ILCS 5/5-1-15),
6 (x) Parole (730 ILCS 5/5-1-16),
7 (xi) Petty Offense (730 ILCS 5/5-1-17),
8 (xii) Probation (730 ILCS 5/5-1-18),
9 (xiii) Sentence (730 ILCS 5/5-1-19),
10 (xiv) Supervision (730 ILCS 5/5-1-21), and
11 (xv) Victim (730 ILCS 5/5-1-22).
12 (B) As used in this Section, "charge not initiated
13 by arrest" means a charge (as defined by 730 ILCS
14 5/5-1-3) brought against a defendant where the
15 defendant is not arrested prior to or as a direct
16 result of the charge.
17 (C) "Conviction" means a judgment of conviction or
18 sentence entered upon a plea of guilty or upon a
19 verdict or finding of guilty of an offense, rendered by
20 a legally constituted jury or by a court of competent
21 jurisdiction authorized to try the case without a jury.
22 An order of supervision successfully completed by the
23 petitioner is not a conviction. An order of qualified
24 probation (as defined in subsection (a)(1)(J))
25 successfully completed by the petitioner is not a
26 conviction. An order of supervision or an order of

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1 qualified probation that is terminated
2 unsatisfactorily is a conviction, unless the
3 unsatisfactory termination is reversed, vacated, or
4 modified and the judgment of conviction, if any, is
5 reversed or vacated.
6 (D) "Criminal offense" means a petty offense,
7 business offense, misdemeanor, felony, or municipal
8 ordinance violation (as defined in subsection
9 (a)(1)(H)). As used in this Section, a minor traffic
10 offense (as defined in subsection (a)(1)(G)) shall not
11 be considered a criminal offense.
12 (E) "Expunge" means to physically destroy the
13 records or return them to the petitioner and to
14 obliterate the petitioner's name from any official
15 index or public record, or both. Nothing in this Act
16 shall require the physical destruction of the circuit
17 court file, but such records relating to arrests or
18 charges, or both, ordered expunged shall be impounded
19 as required by subsections (d)(9)(A)(ii) and
20 (d)(9)(B)(ii).
21 (F) As used in this Section, "last sentence" means
22 the sentence, order of supervision, or order of
23 qualified probation (as defined by subsection
24 (a)(1)(J)), for a criminal offense (as defined by
25 subsection (a)(1)(D)) that terminates last in time in
26 any jurisdiction, regardless of whether the petitioner

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1 has included the criminal offense for which the
2 sentence or order of supervision or qualified
3 probation was imposed in his or her petition. If
4 multiple sentences, orders of supervision, or orders
5 of qualified probation terminate on the same day and
6 are last in time, they shall be collectively considered
7 the "last sentence" regardless of whether they were
8 ordered to run concurrently.
9 (G) "Minor traffic offense" means a petty offense,
10 business offense, or Class C misdemeanor under the
11 Illinois Vehicle Code or a similar provision of a
12 municipal or local ordinance.
13 (H) "Municipal ordinance violation" means an
14 offense defined by a municipal or local ordinance that
15 is criminal in nature and with which the petitioner was
16 charged or for which the petitioner was arrested and
17 released without charging.
18 (I) "Petitioner" means an adult or a minor
19 prosecuted as an adult who has applied for relief under
20 this Section.
21 (J) "Qualified probation" means an order of
22 probation under Section 10 of the Cannabis Control Act,
23 Section 410 of the Illinois Controlled Substances Act,
24 Section 70 of the Methamphetamine Control and
25 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
26 of the Unified Code of Corrections, Section

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1 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
2 those provisions existed before their deletion by
3 Public Act 89-313), Section 10-102 of the Illinois
4 Alcoholism and Other Drug Dependency Act, Section
5 40-10 of the Alcoholism and Other Drug Abuse and
6 Dependency Act, or Section 10 of the Steroid Control
7 Act. For the purpose of this Section, "successful
8 completion" of an order of qualified probation under
9 Section 10-102 of the Illinois Alcoholism and Other
10 Drug Dependency Act and Section 40-10 of the Alcoholism
11 and Other Drug Abuse and Dependency Act means that the
12 probation was terminated satisfactorily and the
13 judgment of conviction was vacated.
14 (K) "Seal" means to physically and electronically
15 maintain the records, unless the records would
16 otherwise be destroyed due to age, but to make the
17 records unavailable without a court order, subject to
18 the exceptions in Sections 12 and 13 of this Act. The
19 petitioner's name shall also be obliterated from the
20 official index required to be kept by the circuit court
21 clerk under Section 16 of the Clerks of Courts Act, but
22 any index issued by the circuit court clerk before the
23 entry of the order to seal shall not be affected.
24 (L) "Sexual offense committed against a minor"
25 includes but is not limited to the offenses of indecent
26 solicitation of a child or criminal sexual abuse when

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1 the victim of such offense is under 18 years of age.
2 (M) "Terminate" as it relates to a sentence or
3 order of supervision or qualified probation includes
4 either satisfactory or unsatisfactory termination of
5 the sentence, unless otherwise specified in this
6 Section.
7 (2) Minor Traffic Offenses. Orders of supervision or
8 convictions for minor traffic offenses shall not affect a
9 petitioner's eligibility to expunge or seal records
10 pursuant to this Section.
11 (2.5) Commencing 180 days after July 29, 2016 (the
12 effective date of Public Act 99-697) this amendatory Act of
13 the 99th General Assembly, the law enforcement agency
14 issuing the citation shall automatically expunge, on or
15 before January 1 and July 1 of each year, the law
16 enforcement records of a person found to have committed a
17 civil law violation of subsection (a) of Section 4 of the
18 Cannabis Control Act or subsection (c) of Section 3.5 of
19 the Drug Paraphernalia Control Act in the law enforcement
20 agency's possession or control and which contains the final
21 satisfactory disposition which pertain to the person
22 issued a citation for that offense. The law enforcement
23 agency shall provide by rule the process for access,
24 review, and to confirm the automatic expungement by the law
25 enforcement agency issuing the citation. Commencing 180
26 days after July 29, 2016 (the effective date of Public Act

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1 99-697) this amendatory Act of the 99th General Assembly,
2 the clerk of the circuit court shall expunge, upon order of
3 the court, or in the absence of a court order on or before
4 January 1 and July 1 of each year, the court records of a
5 person found in the circuit court to have committed a civil
6 law violation of subsection (a) of Section 4 of the
7 Cannabis Control Act or subsection (c) of Section 3.5 of
8 the Drug Paraphernalia Control Act in the clerk's
9 possession or control and which contains the final
10 satisfactory disposition which pertain to the person
11 issued a citation for any of those offenses.
12 (3) Exclusions. Except as otherwise provided in
13 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
14 of this Section, the court shall not order:
15 (A) the sealing or expungement of the records of
16 arrests or charges not initiated by arrest that result
17 in an order of supervision for or conviction of: (i)
18 any sexual offense committed against a minor; (ii)
19 Section 11-501 of the Illinois Vehicle Code or a
20 similar provision of a local ordinance; or (iii)
21 Section 11-503 of the Illinois Vehicle Code or a
22 similar provision of a local ordinance, unless the
23 arrest or charge is for a misdemeanor violation of
24 subsection (a) of Section 11-503 or a similar provision
25 of a local ordinance, that occurred prior to the
26 offender reaching the age of 25 years and the offender

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1 has no other conviction for violating Section 11-501 or
2 11-503 of the Illinois Vehicle Code or a similar
3 provision of a local ordinance.
4 (B) the sealing or expungement of records of minor
5 traffic offenses (as defined in subsection (a)(1)(G)),
6 unless the petitioner was arrested and released
7 without charging.
8 (C) the sealing of the records of arrests or
9 charges not initiated by arrest which result in an
10 order of supervision or a conviction for the following
11 offenses:
12 (i) offenses included in Article 11 of the
13 Criminal Code of 1961 or the Criminal Code of 2012
14 or a similar provision of a local ordinance, except
15 Section 11-14 of the Criminal Code of 1961 or the
16 Criminal Code of 2012, or a similar provision of a
17 local ordinance;
18 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
19 26-5, or 48-1 of the Criminal Code of 1961 or the
20 Criminal Code of 2012, or a similar provision of a
21 local ordinance;
22 (iii) Sections 12-3.1 or 12-3.2 of the
23 Criminal Code of 1961 or the Criminal Code of 2012,
24 or Section 125 of the Stalking No Contact Order
25 Act, or Section 219 of the Civil No Contact Order
26 Act, or a similar provision of a local ordinance;

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1 (iv) offenses which are Class A misdemeanors
2 under the Humane Care for Animals Act; or
3 (v) any offense or attempted offense that
4 would subject a person to registration under the
5 Sex Offender Registration Act.
6 (D) the sealing of the records of an arrest which
7 results in the petitioner being charged with a felony
8 offense or records of a charge not initiated by arrest
9 for a felony offense unless:
10 (i) the charge is amended to a misdemeanor and
11 is otherwise eligible to be sealed pursuant to
12 subsection (c);
13 (ii) the charge is brought along with another
14 charge as a part of one case and the charge results
15 in acquittal, dismissal, or conviction when the
16 conviction was reversed or vacated, and another
17 charge brought in the same case results in a
18 disposition for a misdemeanor offense that is
19 eligible to be sealed pursuant to subsection (c) or
20 a disposition listed in paragraph (i), (iii), or
21 (iv) of this subsection;
22 (iii) the charge results in first offender
23 probation as set forth in subsection (c)(2)(E);
24 (iv) the charge is for a felony offense listed
25 in subsection (c)(2)(F) or the charge is amended to
26 a felony offense listed in subsection (c)(2)(F);

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1 (v) the charge results in acquittal,
2 dismissal, or the petitioner's release without
3 conviction; or
4 (vi) the charge results in a conviction, but
5 the conviction was reversed or vacated.
6 (b) Expungement.
7 (1) A petitioner may petition the circuit court to
8 expunge the records of his or her arrests and charges not
9 initiated by arrest when each arrest or charge not
10 initiated by arrest sought to be expunged resulted in: (i)
11 acquittal, dismissal, or the petitioner's release without
12 charging, unless excluded by subsection (a)(3)(B); (ii) a
13 conviction which was vacated or reversed, unless excluded
14 by subsection (a)(3)(B); (iii) an order of supervision and
15 such supervision was successfully completed by the
16 petitioner, unless excluded by subsection (a)(3)(A) or
17 (a)(3)(B); or (iv) an order of qualified probation (as
18 defined in subsection (a)(1)(J)) and such probation was
19 successfully completed by the petitioner.
20 (1.5) When a petitioner seeks to have a record of
21 arrest expunged under this Section, and the offender has
22 been convicted of a criminal offense, the State's Attorney
23 may object to the expungement on the grounds that the
24 records contain specific relevant information aside from
25 the mere fact of the arrest.
26 (2) Time frame for filing a petition to expunge.

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1 (A) When the arrest or charge not initiated by
2 arrest sought to be expunged resulted in an acquittal,
3 dismissal, the petitioner's release without charging,
4 or the reversal or vacation of a conviction, there is
5 no waiting period to petition for the expungement of
6 such records.
7 (B) When the arrest or charge not initiated by
8 arrest sought to be expunged resulted in an order of
9 supervision, successfully completed by the petitioner,
10 the following time frames will apply:
11 (i) Those arrests or charges that resulted in
12 orders of supervision under Section 3-707, 3-708,
13 3-710, or 5-401.3 of the Illinois Vehicle Code or a
14 similar provision of a local ordinance, or under
15 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
16 Code of 1961 or the Criminal Code of 2012, or a
17 similar provision of a local ordinance, shall not
18 be eligible for expungement until 5 years have
19 passed following the satisfactory termination of
20 the supervision.
21 (i-5) Those arrests or charges that resulted
22 in orders of supervision for a misdemeanor
23 violation of subsection (a) of Section 11-503 of
24 the Illinois Vehicle Code or a similar provision of
25 a local ordinance, that occurred prior to the
26 offender reaching the age of 25 years and the

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1 offender has no other conviction for violating
2 Section 11-501 or 11-503 of the Illinois Vehicle
3 Code or a similar provision of a local ordinance
4 shall not be eligible for expungement until the
5 petitioner has reached the age of 25 years.
6 (ii) Those arrests or charges that resulted in
7 orders of supervision for any other offenses shall
8 not be eligible for expungement until 2 years have
9 passed following the satisfactory termination of
10 the supervision.
11 (C) When the arrest or charge not initiated by
12 arrest sought to be expunged resulted in an order of
13 qualified probation, successfully completed by the
14 petitioner, such records shall not be eligible for
15 expungement until 5 years have passed following the
16 satisfactory termination of the probation.
17 (3) Those records maintained by the Department for
18 persons arrested prior to their 17th birthday shall be
19 expunged as provided in Section 5-915 of the Juvenile Court
20 Act of 1987.
21 (4) Whenever a person has been arrested for or
22 convicted of any offense, in the name of a person whose
23 identity he or she has stolen or otherwise come into
24 possession of, the aggrieved person from whom the identity
25 was stolen or otherwise obtained without authorization,
26 upon learning of the person having been arrested using his

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1 or her identity, may, upon verified petition to the chief
2 judge of the circuit wherein the arrest was made, have a
3 court order entered nunc pro tunc by the Chief Judge to
4 correct the arrest record, conviction record, if any, and
5 all official records of the arresting authority, the
6 Department, other criminal justice agencies, the
7 prosecutor, and the trial court concerning such arrest, if
8 any, by removing his or her name from all such records in
9 connection with the arrest and conviction, if any, and by
10 inserting in the records the name of the offender, if known
11 or ascertainable, in lieu of the aggrieved's name. The
12 records of the circuit court clerk shall be sealed until
13 further order of the court upon good cause shown and the
14 name of the aggrieved person obliterated on the official
15 index required to be kept by the circuit court clerk under
16 Section 16 of the Clerks of Courts Act, but the order shall
17 not affect any index issued by the circuit court clerk
18 before the entry of the order. Nothing in this Section
19 shall limit the Department of State Police or other
20 criminal justice agencies or prosecutors from listing
21 under an offender's name the false names he or she has
22 used.
23 (5) Whenever a person has been convicted of criminal
24 sexual assault, aggravated criminal sexual assault,
25 predatory criminal sexual assault of a child, criminal
26 sexual abuse, or aggravated criminal sexual abuse, the

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1 victim of that offense may request that the State's
2 Attorney of the county in which the conviction occurred
3 file a verified petition with the presiding trial judge at
4 the petitioner's trial to have a court order entered to
5 seal the records of the circuit court clerk in connection
6 with the proceedings of the trial court concerning that
7 offense. However, the records of the arresting authority
8 and the Department of State Police concerning the offense
9 shall not be sealed. The court, upon good cause shown,
10 shall make the records of the circuit court clerk in
11 connection with the proceedings of the trial court
12 concerning the offense available for public inspection.
13 (6) If a conviction has been set aside on direct review
14 or on collateral attack and the court determines by clear
15 and convincing evidence that the petitioner was factually
16 innocent of the charge, the court that finds the petitioner
17 factually innocent of the charge shall enter an expungement
18 order for the conviction for which the petitioner has been
19 determined to be innocent as provided in subsection (b) of
20 Section 5-5-4 of the Unified Code of Corrections.
21 (7) Nothing in this Section shall prevent the
22 Department of State Police from maintaining all records of
23 any person who is admitted to probation upon terms and
24 conditions and who fulfills those terms and conditions
25 pursuant to Section 10 of the Cannabis Control Act, Section
26 410 of the Illinois Controlled Substances Act, Section 70

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1 of the Methamphetamine Control and Community Protection
2 Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
3 Corrections, Section 12-4.3 or subdivision (b)(1) of
4 Section 12-3.05 of the Criminal Code of 1961 or the
5 Criminal Code of 2012, Section 10-102 of the Illinois
6 Alcoholism and Other Drug Dependency Act, Section 40-10 of
7 the Alcoholism and Other Drug Abuse and Dependency Act, or
8 Section 10 of the Steroid Control Act.
9 (8) If the petitioner has been granted a certificate of
10 innocence under Section 2-702 of the Code of Civil
11 Procedure, the court that grants the certificate of
12 innocence shall also enter an order expunging the
13 conviction for which the petitioner has been determined to
14 be innocent as provided in subsection (h) of Section 2-702
15 of the Code of Civil Procedure.
16 (c) Sealing.
17 (1) Applicability. Notwithstanding any other provision
18 of this Act to the contrary, and cumulative with any rights
19 to expungement of criminal records, this subsection
20 authorizes the sealing of criminal records of adults and of
21 minors prosecuted as adults.
22 (2) Eligible Records. The following records may be
23 sealed:
24 (A) All arrests resulting in release without
25 charging;
26 (B) Arrests or charges not initiated by arrest

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1 resulting in acquittal, dismissal, or conviction when
2 the conviction was reversed or vacated, except as
3 excluded by subsection (a)(3)(B);
4 (C) Arrests or charges not initiated by arrest
5 resulting in orders of supervision, including orders
6 of supervision for municipal ordinance violations,
7 successfully completed by the petitioner, unless
8 excluded by subsection (a)(3);
9 (D) Arrests or charges not initiated by arrest
10 resulting in convictions, including convictions on
11 municipal ordinance violations, unless excluded by
12 subsection (a)(3);
13 (E) Arrests or charges not initiated by arrest
14 resulting in orders of first offender probation under
15 Section 10 of the Cannabis Control Act, Section 410 of
16 the Illinois Controlled Substances Act, Section 70 of
17 the Methamphetamine Control and Community Protection
18 Act, or Section 5-6-3.3 of the Unified Code of
19 Corrections; and
20 (F) Arrests or charges not initiated by arrest
21 resulting in felony convictions for the following
22 offenses:
23 (i) Class 4 felony convictions for:
24 Prostitution under Section 11-14 of the
25 Criminal Code of 1961 or the Criminal Code of
26 2012.

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1 Possession of cannabis under Section 4 of
2 the Cannabis Control Act.
3 Possession of a controlled substance under
4 Section 402 of the Illinois Controlled
5 Substances Act.
6 Offenses under the Methamphetamine
7 Precursor Control Act.
8 Offenses under the Steroid Control Act.
9 Theft under Section 16-1 of the Criminal
10 Code of 1961 or the Criminal Code of 2012.
11 Retail theft under Section 16A-3 or
12 paragraph (a) of 16-25 of the Criminal Code of
13 1961 or the Criminal Code of 2012.
14 Deceptive practices under Section 17-1 of
15 the Criminal Code of 1961 or the Criminal Code
16 of 2012.
17 Forgery under Section 17-3 of the Criminal
18 Code of 1961 or the Criminal Code of 2012.
19 Possession of burglary tools under Section
20 19-2 of the Criminal Code of 1961 or the
21 Criminal Code of 2012.
22 (ii) Class 3 felony convictions for:
23 Theft under Section 16-1 of the Criminal
24 Code of 1961 or the Criminal Code of 2012.
25 Retail theft under Section 16A-3 or
26 paragraph (a) of 16-25 of the Criminal Code of

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1 1961 or the Criminal Code of 2012.
2 Deceptive practices under Section 17-1 of
3 the Criminal Code of 1961 or the Criminal Code
4 of 2012.
5 Forgery under Section 17-3 of the Criminal
6 Code of 1961 or the Criminal Code of 2012.
7 Possession with intent to manufacture or
8 deliver a controlled substance under Section
9 401 of the Illinois Controlled Substances Act.
10 (3) When Records Are Eligible to Be Sealed. Records
11 identified as eligible under subsection (c)(2) may be
12 sealed as follows:
13 (A) Records identified as eligible under
14 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
15 time.
16 (B) Except as otherwise provided in subparagraph
17 (E) of this paragraph (3), records identified as
18 eligible under subsection (c)(2)(C) may be sealed 2
19 years after the termination of petitioner's last
20 sentence (as defined in subsection (a)(1)(F)).
21 (C) Except as otherwise provided in subparagraph
22 (E) of this paragraph (3), records identified as
23 eligible under subsections (c)(2)(D), (c)(2)(E), and
24 (c)(2)(F) may be sealed 3 years after the termination
25 of the petitioner's last sentence (as defined in
26 subsection (a)(1)(F)).

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1 (D) Records identified in subsection
2 (a)(3)(A)(iii) may be sealed after the petitioner has
3 reached the age of 25 years.
4 (E) Records identified as eligible under
5 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
6 (c)(2)(F) may be sealed upon termination of the
7 petitioner's last sentence if the petitioner earned a
8 high school diploma, associate's degree, career
9 certificate, vocational technical certification, or
10 bachelor's degree, or passed the high school level Test
11 of General Educational Development, during the period
12 of his or her sentence, aftercare release, or mandatory
13 supervised release. This subparagraph shall apply only
14 to a petitioner who has not completed the same
15 educational goal prior to the period of his or her
16 sentence, aftercare release, or mandatory supervised
17 release. If a petition for sealing eligible records
18 filed under this subparagraph is denied by the court,
19 the time periods under subparagraph (B) or (C) shall
20 apply to any subsequent petition for sealing filed by
21 the petitioner.
22 (4) Subsequent felony convictions. A person may not
23 have subsequent felony conviction records sealed as
24 provided in this subsection (c) if he or she is convicted
25 of any felony offense after the date of the sealing of
26 prior felony convictions as provided in this subsection

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1 (c). The court may, upon conviction for a subsequent felony
2 offense, order the unsealing of prior felony conviction
3 records previously ordered sealed by the court.
4 (5) Notice of eligibility for sealing. Upon entry of a
5 disposition for an eligible record under this subsection
6 (c), the petitioner shall be informed by the court of the
7 right to have the records sealed and the procedures for the
8 sealing of the records.
9 (d) Procedure. The following procedures apply to
10expungement under subsections (b), (e), and (e-6) and sealing
11under subsections (c) and (e-5):
12 (1) Filing the petition. Upon becoming eligible to
13 petition for the expungement or sealing of records under
14 this Section, the petitioner shall file a petition
15 requesting the expungement or sealing of records with the
16 clerk of the court where the arrests occurred or the
17 charges were brought, or both. If arrests occurred or
18 charges were brought in multiple jurisdictions, a petition
19 must be filed in each such jurisdiction. The petitioner
20 shall pay the applicable fee, except no fee shall be
21 required if the petitioner has obtained a court order
22 waiving fees under Supreme Court Rule 298 or it is
23 otherwise waived.
24 (1.5) County fee waiver pilot program. In a county of
25 3,000,000 or more inhabitants, no fee shall be required to
26 be paid by a petitioner if the records sought to be

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1 expunged or sealed were arrests resulting in release
2 without charging or arrests or charges not initiated by
3 arrest resulting in acquittal, dismissal, or conviction
4 when the conviction was reversed or vacated, unless
5 excluded by subsection (a)(3)(B). The provisions of this
6 paragraph (1.5), other than this sentence, are inoperative
7 on and after January 1, 2018 or one year after January 1,
8 2017 (the effective date of Public Act 99-881) this
9 amendatory Act of the 99th General Assembly, whichever is
10 later.
11 (2) Contents of petition. The petition shall be
12 verified and shall contain the petitioner's name, date of
13 birth, current address and, for each arrest or charge not
14 initiated by arrest sought to be sealed or expunged, the
15 case number, the date of arrest (if any), the identity of
16 the arresting authority, and such other information as the
17 court may require. During the pendency of the proceeding,
18 the petitioner shall promptly notify the circuit court
19 clerk of any change of his or her address. If the
20 petitioner has received a certificate of eligibility for
21 sealing from the Prisoner Review Board under paragraph (10)
22 of subsection (a) of Section 3-3-2 of the Unified Code of
23 Corrections, the certificate shall be attached to the
24 petition.
25 (3) Drug test. The petitioner must attach to the
26 petition proof that the petitioner has passed a test taken

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1 within 30 days before the filing of the petition showing
2 the absence within his or her body of all illegal
3 substances as defined by the Illinois Controlled
4 Substances Act, the Methamphetamine Control and Community
5 Protection Act, and the Cannabis Control Act if he or she
6 is petitioning to:
7 (A) seal felony records under clause (c)(2)(E);
8 (B) seal felony records for a violation of the
9 Illinois Controlled Substances Act, the
10 Methamphetamine Control and Community Protection Act,
11 or the Cannabis Control Act under clause (c)(2)(F);
12 (C) seal felony records under subsection (e-5); or
13 (D) expunge felony records of a qualified
14 probation under clause (b)(1)(iv).
15 (4) Service of petition. The circuit court clerk shall
16 promptly serve a copy of the petition and documentation to
17 support the petition under subsection (e-5) or (e-6) on the
18 State's Attorney or prosecutor charged with the duty of
19 prosecuting the offense, the Department of State Police,
20 the arresting agency and the chief legal officer of the
21 unit of local government effecting the arrest.
22 (5) Objections.
23 (A) Any party entitled to notice of the petition
24 may file an objection to the petition. All objections
25 shall be in writing, shall be filed with the circuit
26 court clerk, and shall state with specificity the basis

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1 of the objection. Whenever a person who has been
2 convicted of an offense is granted a pardon by the
3 Governor which specifically authorizes expungement, an
4 objection to the petition may not be filed.
5 (B) Objections to a petition to expunge or seal
6 must be filed within 60 days of the date of service of
7 the petition.
8 (6) Entry of order.
9 (A) The Chief Judge of the circuit wherein the
10 charge was brought, any judge of that circuit
11 designated by the Chief Judge, or in counties of less
12 than 3,000,000 inhabitants, the presiding trial judge
13 at the petitioner's trial, if any, shall rule on the
14 petition to expunge or seal as set forth in this
15 subsection (d)(6).
16 (B) Unless the State's Attorney or prosecutor, the
17 Department of State Police, the arresting agency, or
18 the chief legal officer files an objection to the
19 petition to expunge or seal within 60 days from the
20 date of service of the petition, the court shall enter
21 an order granting or denying the petition.
22 (7) Hearings. If an objection is filed, the court shall
23 set a date for a hearing and notify the petitioner and all
24 parties entitled to notice of the petition of the hearing
25 date at least 30 days prior to the hearing. Prior to the
26 hearing, the State's Attorney shall consult with the

HB3855 Enrolled- 144 -LRB100 05985 AMC 16014 b
1 Department as to the appropriateness of the relief sought
2 in the petition to expunge or seal. At the hearing, the
3 court shall hear evidence on whether the petition should or
4 should not be granted, and shall grant or deny the petition
5 to expunge or seal the records based on the evidence
6 presented at the hearing. The court may consider the
7 following:
8 (A) the strength of the evidence supporting the
9 defendant's conviction;
10 (B) the reasons for retention of the conviction
11 records by the State;
12 (C) the petitioner's age, criminal record history,
13 and employment history;
14 (D) the period of time between the petitioner's
15 arrest on the charge resulting in the conviction and
16 the filing of the petition under this Section; and
17 (E) the specific adverse consequences the
18 petitioner may be subject to if the petition is denied.
19 (8) Service of order. After entering an order to
20 expunge or seal records, the court must provide copies of
21 the order to the Department, in a form and manner
22 prescribed by the Department, to the petitioner, to the
23 State's Attorney or prosecutor charged with the duty of
24 prosecuting the offense, to the arresting agency, to the
25 chief legal officer of the unit of local government
26 effecting the arrest, and to such other criminal justice

HB3855 Enrolled- 145 -LRB100 05985 AMC 16014 b
1 agencies as may be ordered by the court.
2 (9) Implementation of order.
3 (A) Upon entry of an order to expunge records
4 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
5 (i) the records shall be expunged (as defined
6 in subsection (a)(1)(E)) by the arresting agency,
7 the Department, and any other agency as ordered by
8 the court, within 60 days of the date of service of
9 the order, unless a motion to vacate, modify, or
10 reconsider the order is filed pursuant to
11 paragraph (12) of subsection (d) of this Section;
12 (ii) the records of the circuit court clerk
13 shall be impounded until further order of the court
14 upon good cause shown and the name of the
15 petitioner obliterated on the official index
16 required to be kept by the circuit court clerk
17 under Section 16 of the Clerks of Courts Act, but
18 the order shall not affect any index issued by the
19 circuit court clerk before the entry of the order;
20 and
21 (iii) in response to an inquiry for expunged
22 records, the court, the Department, or the agency
23 receiving such inquiry, shall reply as it does in
24 response to inquiries when no records ever
25 existed.
26 (B) Upon entry of an order to expunge records

HB3855 Enrolled- 146 -LRB100 05985 AMC 16014 b
1 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
2 (i) the records shall be expunged (as defined
3 in subsection (a)(1)(E)) by the arresting agency
4 and any other agency as ordered by the court,
5 within 60 days of the date of service of the order,
6 unless a motion to vacate, modify, or reconsider
7 the order is filed pursuant to paragraph (12) of
8 subsection (d) of this Section;
9 (ii) the records of the circuit court clerk
10 shall be impounded until further order of the court
11 upon good cause shown and the name of the
12 petitioner obliterated on the official index
13 required to be kept by the circuit court clerk
14 under Section 16 of the Clerks of Courts Act, but
15 the order shall not affect any index issued by the
16 circuit court clerk before the entry of the order;
17 (iii) the records shall be impounded by the
18 Department within 60 days of the date of service of
19 the order as ordered by the court, unless a motion
20 to vacate, modify, or reconsider the order is filed
21 pursuant to paragraph (12) of subsection (d) of
22 this Section;
23 (iv) records impounded by the Department may
24 be disseminated by the Department only as required
25 by law or to the arresting authority, the State's
26 Attorney, and the court upon a later arrest for the

HB3855 Enrolled- 147 -LRB100 05985 AMC 16014 b
1 same or a similar offense or for the purpose of
2 sentencing for any subsequent felony, and to the
3 Department of Corrections upon conviction for any
4 offense; and
5 (v) in response to an inquiry for such records
6 from anyone not authorized by law to access such
7 records, the court, the Department, or the agency
8 receiving such inquiry shall reply as it does in
9 response to inquiries when no records ever
10 existed.
11 (B-5) Upon entry of an order to expunge records
12 under subsection (e-6):
13 (i) the records shall be expunged (as defined
14 in subsection (a)(1)(E)) by the arresting agency
15 and any other agency as ordered by the court,
16 within 60 days of the date of service of the order,
17 unless a motion to vacate, modify, or reconsider
18 the order is filed under paragraph (12) of
19 subsection (d) of this Section;
20 (ii) the records of the circuit court clerk
21 shall be impounded until further order of the court
22 upon good cause shown and the name of the
23 petitioner obliterated on the official index
24 required to be kept by the circuit court clerk
25 under Section 16 of the Clerks of Courts Act, but
26 the order shall not affect any index issued by the

HB3855 Enrolled- 148 -LRB100 05985 AMC 16014 b
1 circuit court clerk before the entry of the order;
2 (iii) the records shall be impounded by the
3 Department within 60 days of the date of service of
4 the order as ordered by the court, unless a motion
5 to vacate, modify, or reconsider the order is filed
6 under paragraph (12) of subsection (d) of this
7 Section;
8 (iv) records impounded by the Department may
9 be disseminated by the Department only as required
10 by law or to the arresting authority, the State's
11 Attorney, and the court upon a later arrest for the
12 same or a similar offense or for the purpose of
13 sentencing for any subsequent felony, and to the
14 Department of Corrections upon conviction for any
15 offense; and
16 (v) in response to an inquiry for these records
17 from anyone not authorized by law to access the
18 records, the court, the Department, or the agency
19 receiving the inquiry shall reply as it does in
20 response to inquiries when no records ever
21 existed.
22 (C) Upon entry of an order to seal records under
23 subsection (c), the arresting agency, any other agency
24 as ordered by the court, the Department, and the court
25 shall seal the records (as defined in subsection
26 (a)(1)(K)). In response to an inquiry for such records,

HB3855 Enrolled- 149 -LRB100 05985 AMC 16014 b
1 from anyone not authorized by law to access such
2 records, the court, the Department, or the agency
3 receiving such inquiry shall reply as it does in
4 response to inquiries when no records ever existed.
5 (D) The Department shall send written notice to the
6 petitioner of its compliance with each order to expunge
7 or seal records within 60 days of the date of service
8 of that order or, if a motion to vacate, modify, or
9 reconsider is filed, within 60 days of service of the
10 order resolving the motion, if that order requires the
11 Department to expunge or seal records. In the event of
12 an appeal from the circuit court order, the Department
13 shall send written notice to the petitioner of its
14 compliance with an Appellate Court or Supreme Court
15 judgment to expunge or seal records within 60 days of
16 the issuance of the court's mandate. The notice is not
17 required while any motion to vacate, modify, or
18 reconsider, or any appeal or petition for
19 discretionary appellate review, is pending.
20 (10) Fees. The Department may charge the petitioner a
21 fee equivalent to the cost of processing any order to
22 expunge or seal records. Notwithstanding any provision of
23 the Clerks of Courts Act to the contrary, the circuit court
24 clerk may charge a fee equivalent to the cost associated
25 with the sealing or expungement of records by the circuit
26 court clerk. From the total filing fee collected for the

HB3855 Enrolled- 150 -LRB100 05985 AMC 16014 b
1 petition to seal or expunge, the circuit court clerk shall
2 deposit $10 into the Circuit Court Clerk Operation and
3 Administrative Fund, to be used to offset the costs
4 incurred by the circuit court clerk in performing the
5 additional duties required to serve the petition to seal or
6 expunge on all parties. The circuit court clerk shall
7 collect and forward the Department of State Police portion
8 of the fee to the Department and it shall be deposited in
9 the State Police Services Fund.
10 (11) Final Order. No court order issued under the
11 expungement or sealing provisions of this Section shall
12 become final for purposes of appeal until 30 days after
13 service of the order on the petitioner and all parties
14 entitled to notice of the petition.
15 (12) Motion to Vacate, Modify, or Reconsider. Under
16 Section 2-1203 of the Code of Civil Procedure, the
17 petitioner or any party entitled to notice may file a
18 motion to vacate, modify, or reconsider the order granting
19 or denying the petition to expunge or seal within 60 days
20 of service of the order. If filed more than 60 days after
21 service of the order, a petition to vacate, modify, or
22 reconsider shall comply with subsection (c) of Section
23 2-1401 of the Code of Civil Procedure. Upon filing of a
24 motion to vacate, modify, or reconsider, notice of the
25 motion shall be served upon the petitioner and all parties
26 entitled to notice of the petition.

HB3855 Enrolled- 151 -LRB100 05985 AMC 16014 b
1 (13) Effect of Order. An order granting a petition
2 under the expungement or sealing provisions of this Section
3 shall not be considered void because it fails to comply
4 with the provisions of this Section or because of any error
5 asserted in a motion to vacate, modify, or reconsider. The
6 circuit court retains jurisdiction to determine whether
7 the order is voidable and to vacate, modify, or reconsider
8 its terms based on a motion filed under paragraph (12) of
9 this subsection (d).
10 (14) Compliance with Order Granting Petition to Seal
11 Records. Unless a court has entered a stay of an order
12 granting a petition to seal, all parties entitled to notice
13 of the petition must fully comply with the terms of the
14 order within 60 days of service of the order even if a
15 party is seeking relief from the order through a motion
16 filed under paragraph (12) of this subsection (d) or is
17 appealing the order.
18 (15) Compliance with Order Granting Petition to
19 Expunge Records. While a party is seeking relief from the
20 order granting the petition to expunge through a motion
21 filed under paragraph (12) of this subsection (d) or is
22 appealing the order, and unless a court has entered a stay
23 of that order, the parties entitled to notice of the
24 petition must seal, but need not expunge, the records until
25 there is a final order on the motion for relief or, in the
26 case of an appeal, the issuance of that court's mandate.

HB3855 Enrolled- 152 -LRB100 05985 AMC 16014 b
1 (16) The changes to this subsection (d) made by Public
2 Act 98-163 apply to all petitions pending on August 5, 2013
3 (the effective date of Public Act 98-163) and to all orders
4 ruling on a petition to expunge or seal on or after August
5 5, 2013 (the effective date of Public Act 98-163).
6 (e) Whenever a person who has been convicted of an offense
7is granted a pardon by the Governor which specifically
8authorizes expungement, he or she may, upon verified petition
9to the Chief Judge of the circuit where the person had been
10convicted, any judge of the circuit designated by the Chief
11Judge, or in counties of less than 3,000,000 inhabitants, the
12presiding trial judge at the defendant's trial, have a court
13order entered expunging the record of arrest from the official
14records of the arresting authority and order that the records
15of the circuit court clerk and the Department be sealed until
16further order of the court upon good cause shown or as
17otherwise provided herein, and the name of the defendant
18obliterated from the official index requested to be kept by the
19circuit court clerk under Section 16 of the Clerks of Courts
20Act in connection with the arrest and conviction for the
21offense for which he or she had been pardoned but the order
22shall not affect any index issued by the circuit court clerk
23before the entry of the order. All records sealed by the
24Department may be disseminated by the Department only to the
25arresting authority, the State's Attorney, and the court upon a
26later arrest for the same or similar offense or for the purpose

HB3855 Enrolled- 153 -LRB100 05985 AMC 16014 b
1of sentencing for any subsequent felony. Upon conviction for
2any subsequent offense, the Department of Corrections shall
3have access to all sealed records of the Department pertaining
4to that individual. Upon entry of the order of expungement, the
5circuit court clerk shall promptly mail a copy of the order to
6the person who was pardoned.
7 (e-5) Whenever a person who has been convicted of an
8offense is granted a certificate of eligibility for sealing by
9the Prisoner Review Board which specifically authorizes
10sealing, he or she may, upon verified petition to the Chief
11Judge of the circuit where the person had been convicted, any
12judge of the circuit designated by the Chief Judge, or in
13counties of less than 3,000,000 inhabitants, the presiding
14trial judge at the petitioner's trial, have a court order
15entered sealing the record of arrest from the official records
16of the arresting authority and order that the records of the
17circuit court clerk and the Department be sealed until further
18order of the court upon good cause shown or as otherwise
19provided herein, and the name of the petitioner obliterated
20from the official index requested to be kept by the circuit
21court clerk under Section 16 of the Clerks of Courts Act in
22connection with the arrest and conviction for the offense for
23which he or she had been granted the certificate but the order
24shall not affect any index issued by the circuit court clerk
25before the entry of the order. All records sealed by the
26Department may be disseminated by the Department only as

HB3855 Enrolled- 154 -LRB100 05985 AMC 16014 b
1required by this Act or to the arresting authority, a law
2enforcement agency, the State's Attorney, and the court upon a
3later arrest for the same or similar offense or for the purpose
4of sentencing for any subsequent felony. Upon conviction for
5any subsequent offense, the Department of Corrections shall
6have access to all sealed records of the Department pertaining
7to that individual. Upon entry of the order of sealing, the
8circuit court clerk shall promptly mail a copy of the order to
9the person who was granted the certificate of eligibility for
10sealing.
11 (e-6) Whenever a person who has been convicted of an
12offense is granted a certificate of eligibility for expungement
13by the Prisoner Review Board which specifically authorizes
14expungement, he or she may, upon verified petition to the Chief
15Judge of the circuit where the person had been convicted, any
16judge of the circuit designated by the Chief Judge, or in
17counties of less than 3,000,000 inhabitants, the presiding
18trial judge at the petitioner's trial, have a court order
19entered expunging the record of arrest from the official
20records of the arresting authority and order that the records
21of the circuit court clerk and the Department be sealed until
22further order of the court upon good cause shown or as
23otherwise provided herein, and the name of the petitioner
24obliterated from the official index requested to be kept by the
25circuit court clerk under Section 16 of the Clerks of Courts
26Act in connection with the arrest and conviction for the

HB3855 Enrolled- 155 -LRB100 05985 AMC 16014 b
1offense for which he or she had been granted the certificate
2but the order shall not affect any index issued by the circuit
3court clerk before the entry of the order. All records sealed
4by the Department may be disseminated by the Department only as
5required by this Act or to the arresting authority, a law
6enforcement agency, the State's Attorney, and the court upon a
7later arrest for the same or similar offense or for the purpose
8of sentencing for any subsequent felony. Upon conviction for
9any subsequent offense, the Department of Corrections shall
10have access to all expunged records of the Department
11pertaining to that individual. Upon entry of the order of
12expungement, the circuit court clerk shall promptly mail a copy
13of the order to the person who was granted the certificate of
14eligibility for expungement.
15 (f) Subject to available funding, the Illinois Department
16of Corrections shall conduct a study of the impact of sealing,
17especially on employment and recidivism rates, utilizing a
18random sample of those who apply for the sealing of their
19criminal records under Public Act 93-211. At the request of the
20Illinois Department of Corrections, records of the Illinois
21Department of Employment Security shall be utilized as
22appropriate to assist in the study. The study shall not
23disclose any data in a manner that would allow the
24identification of any particular individual or employing unit.
25The study shall be made available to the General Assembly no
26later than September 1, 2010.

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1(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
2eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
3eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
498-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
599-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
67-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
7 Section 150. The Illinois Uniform Conviction Information
8Act is amended by changing Section 3 as follows:
9 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
10 Sec. 3. Definitions. Whenever used in this Act, and for the
11purposes of this Act, unless the context clearly indicates
12otherwise:
13 (A) "Accurate" means factually correct, containing no
14mistake or error of a material nature.
15 (B) The phrase "administer the criminal laws" includes any
16of the following activities: intelligence gathering,
17surveillance, criminal investigation, crime detection and
18prevention (including research), apprehension, detention,
19pretrial or post-trial release, prosecution, the correctional
20supervision or rehabilitation of accused persons or criminal
21offenders, criminal identification activities, data analysis
22and research done by the sentencing commission, or the
23collection, maintenance or dissemination of criminal history
24record information.

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1 (C) "The Authority" means the Illinois Criminal Justice
2Information Authority.
3 (D) "Automated" means the utilization of computers,
4telecommunication lines, or other automatic data processing
5equipment for data collection or storage, analysis,
6processing, preservation, maintenance, dissemination, or
7display and is distinguished from a system in which such
8activities are performed manually.
9 (E) "Complete" means accurately reflecting all the
10criminal history record information about an individual that is
11required to be reported to the Department pursuant to Section
122.1 of the Criminal Identification Act.
13 (F) "Conviction information" means data reflecting a
14judgment of guilt or nolo contendere. The term includes all
15prior and subsequent criminal history events directly relating
16to such judgments, such as, but not limited to: (1) the
17notation of arrest; (2) the notation of charges filed; (3) the
18sentence imposed; (4) the fine imposed; and (5) all related
19probation, parole, and release information. Information ceases
20to be "conviction information" when a judgment of guilt is
21reversed or vacated.
22 For purposes of this Act, continuances to a date certain in
23furtherance of an order of supervision granted under Section
245-6-1 of the Unified Code of Corrections or an order of
25probation granted under either Section 10 of the Cannabis
26Control Act, Section 410 of the Illinois Controlled Substances

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1Act, Section 70 of the Methamphetamine Control and Community
2Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
312-3.05 of the Criminal Code of 1961 or the Criminal Code of
42012, Section 10-102 of the Illinois Alcoholism and Other Drug
5Dependency Act, Section 40-10 of the Alcoholism and Other Drug
6Abuse and Dependency Act, or Section 10 of the Steroid Control
7Act shall not be deemed "conviction information".
8 (G) "Criminal history record information" means data
9identifiable to an individual, including information collected
10under Section 4.5 of the Criminal Identification Act, and
11consisting of descriptions or notations of arrests,
12detentions, indictments, informations, pretrial proceedings,
13trials, or other formal events in the criminal justice system
14or descriptions or notations of criminal charges (including
15criminal violations of local municipal ordinances) and the
16nature of any disposition arising therefrom, including
17sentencing, court or correctional supervision, rehabilitation
18and release. The term does not apply to statistical records and
19reports in which individuals individual are not identified and
20from which their identities are not ascertainable, or to
21information that is for criminal investigative or intelligence
22purposes.
23 (H) "Criminal justice agency" means (1) a government agency
24or any subunit thereof which is authorized to administer the
25criminal laws and which allocates a substantial part of its
26annual budget for that purpose, or (2) an agency supported by

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1public funds which is authorized as its principal function to
2administer the criminal laws and which is officially designated
3by the Department as a criminal justice agency for purposes of
4this Act.
5 (I) "The Department" means the Illinois Department of State
6Police.
7 (J) "Director" means the Director of the Illinois
8Department of State Police.
9 (K) "Disseminate" means to disclose or transmit conviction
10information in any form, oral, written, or otherwise.
11 (L) "Exigency" means pending danger or the threat of
12pending danger to an individual or property.
13 (M) "Non-criminal justice agency" means a State agency,
14Federal agency, or unit of local government that is not a
15criminal justice agency. The term does not refer to private
16individuals, corporations, or non-governmental agencies or
17organizations.
18 (M-5) "Request" means the submission to the Department, in
19the form and manner required, the necessary data elements or
20fingerprints, or both, to allow the Department to initiate a
21search of its criminal history record information files.
22 (N) "Requester" means any private individual, corporation,
23organization, employer, employment agency, labor organization,
24or non-criminal justice agency that has made a request pursuant
25to this Act to obtain conviction information maintained in the
26files of the Department of State Police regarding a particular

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1individual.
2 (O) "Statistical information" means data from which the
3identity of an individual cannot be ascertained,
4reconstructed, or verified and to which the identity of an
5individual cannot be linked by the recipient of the
6information.
7 (P) "Sentencing commission" means the Sentencing Policy
8Advisory Council.
9(Source: P.A. 98-528, eff. 1-1-15; 99-880, eff. 8-22-16;
10revised 10-27-16.)
11 Section 155. The Department of Veterans Affairs Act is
12amended by changing Section 20 as follows:
13 (20 ILCS 2805/20)
14 Sec. 20. Illinois Discharged Servicemember Task Force. The
15Illinois Discharged Servicemember Task Force is hereby created
16within the Department of Veterans' Veterans Affairs. The Task
17Force shall investigate the re-entry process for service
18members who return to civilian life after being engaged in an
19active theater. The investigation shall include the effects of
20post-traumatic stress disorder, homelessness, disabilities,
21and other issues the Task Force finds relevant to the re-entry
22process. For fiscal year 2012, the Task Force shall include the
23availability of prosthetics in its investigation. For fiscal
24year 2014, the Task Force shall include the needs of women

HB3855 Enrolled- 161 -LRB100 05985 AMC 16014 b
1veterans with respect to issues including, but not limited to,
2compensation, rehabilitation, outreach, health care, and
3issues facing women veterans in the community, and to offer
4recommendations on how best to alleviate these needs which
5shall be included in the Task Force Annual Report for 2014. The
6Task Force shall include the following members:
7 (a) a representative of the Department of Veterans'
8 Veterans Affairs, who shall chair the committee;
9 (b) a representative from the Department of Military
10 Affairs;
11 (c) a representative from the Office of the Illinois
12 Attorney General;
13 (d) a member of the General Assembly appointed by the
14 Speaker of the House;
15 (e) a member of the General Assembly appointed by the
16 House Minority Leader;
17 (f) a member of the General Assembly appointed by the
18 President of the Senate;
19 (g) a member of the General Assembly appointed by the
20 Senate Minority Leader;
21 (h) 4 members chosen by the Department of Veterans'
22 Veterans Affairs, who shall represent statewide veterans'
23 organizations or veterans' homeless shelters;
24 (i) one member appointed by the Lieutenant Governor;
25 and
26 (j) a representative of the United States Department of

HB3855 Enrolled- 162 -LRB100 05985 AMC 16014 b
1 Veterans Affairs shall be invited to participate.
2Vacancies in the Task Force shall be filled by the initial
3appointing authority. Task Force members shall serve without
4compensation, but may be reimbursed for necessary expenses
5incurred in performing duties associated with the Task Force.
6 By July 1, 2008 and by July 1 of each year thereafter, the
7Task Force shall present an annual report of its findings to
8the Governor, the Attorney General, the Director of Veterans'
9Affairs, the Lieutenant Governor, and the Secretary of the
10United States Department of Veterans Affairs.
11 If the Task Force becomes inactive because active theaters
12cease, the Director of Veterans' Veterans Affairs may
13reactivate the Task Force if active theaters are reestablished.
14(Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13;
15revised 9-8-16.)
16 Section 160. The Illinois Finance Authority Act is amended
17by changing Section 825-65 and the heading of Article 835 as
18follows:
19 (20 ILCS 3501/825-65)
20 Sec. 825-65. Clean Coal, Coal, Energy Efficiency, and
21Renewable Energy Project Financing.
22 (a) Findings and declaration of policy.
23 (i) It is hereby found and declared that Illinois has
24 abundant coal resources and, in some areas of Illinois, the

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1 demand for power exceeds the generating capacity.
2 Incentives to encourage the construction of coal-fueled
3 electric generating plants in Illinois to ensure power
4 generating capacity into the future and to advance clean
5 coal technology and the use of Illinois coal are in the
6 best interests of all of the citizens of Illinois.
7 (ii) It is further found and declared that Illinois has
8 abundant potential and resources to develop renewable
9 energy resource projects and that there are many
10 opportunities to invest in cost-effective energy
11 efficiency projects throughout the State. The development
12 of those projects will create jobs and investment as well
13 as decrease environmental impacts and promote energy
14 independence in Illinois. Accordingly, the development of
15 those projects is in the best interests of all of the
16 citizens of Illinois.
17 (iii) The Authority is authorized to issue bonds to
18 help finance Clean Coal, Coal, Energy Efficiency, and
19 Renewable Energy projects pursuant to this Section.
20 (b) Definitions.
21 (i) "Clean Coal Project" means (A) "clean coal
22 facility", as defined in Section 1-10 of the Illinois Power
23 Agency Act; (B) "clean coal SNG facility", as defined in
24 Section 1-10 of the Illinois Power Agency Act; (C)
25 transmission lines and associated equipment that transfer
26 electricity from points of supply to points of delivery for

HB3855 Enrolled- 164 -LRB100 05985 AMC 16014 b
1 projects described in this subsection (b); (D) pipelines or
2 other methods to transfer carbon dioxide from the point of
3 production to the point of storage or sequestration for
4 projects described in this subsection (b); or (E) projects
5 to provide carbon abatement technology for existing
6 generating facilities.
7 (ii) "Coal Project" means new electric generating
8 facilities or new gasification facilities, as defined in
9 Section 605-332 of the Department of Commerce and Economic
10 Opportunity Law of the Civil Administrative Code of
11 Illinois, which may include mine-mouth power plants,
12 projects that employ the use of clean coal technology,
13 projects to provide scrubber technology for existing
14 energy generating plants, or projects to provide electric
15 transmission facilities or new gasification facilities.
16 (iii) "Energy Efficiency Project" means measures that
17 reduce the amount of electricity or natural gas required to
18 achieve a given end use, consistent with Section 1-10 of
19 the Illinois Power Agency Act. "Energy Efficiency Project"
20 also includes measures that reduce the total Btus of
21 electricity and natural gas needed to meet the end use or
22 uses consistent with Section 1-10 of the Illinois Power
23 Agency Act.
24 (iv) "Renewable Energy Project" means (A) a project
25 that uses renewable energy resources, as defined in Section
26 1-10 of the Illinois Power Agency Act; (B) a project that

HB3855 Enrolled- 165 -LRB100 05985 AMC 16014 b
1 uses environmentally preferable technologies and practices
2 that result in improvements to the production of renewable
3 fuels, including but not limited to, cellulosic
4 conversion, water and energy conservation, fractionation,
5 alternative feedstocks, or reduced greenhouse green house
6 gas emissions; (C) transmission lines and associated
7 equipment that transfer electricity from points of supply
8 to points of delivery for projects described in this
9 subsection (b); or (D) projects that use technology for the
10 storage of renewable energy, including, without
11 limitation, the use of battery or electrochemical storage
12 technology for mobile or stationary applications.
13 (c) Creation of reserve funds. The Authority may establish
14and maintain one or more reserve funds to enhance bonds issued
15by the Authority for a Clean Coal Project, a Coal Project, an
16Energy Efficiency Project, or a Renewable Energy Project. There
17may be one or more accounts in these reserve funds in which
18there may be deposited:
19 (1) any proceeds of the bonds issued by the Authority
20 required to be deposited therein by the terms of any
21 contract between the Authority and its bondholders or any
22 resolution of the Authority;
23 (2) any other moneys or funds of the Authority that it
24 may determine to deposit therein from any other source; and
25 (3) any other moneys or funds made available to the
26 Authority. Subject to the terms of any pledge to the owners

HB3855 Enrolled- 166 -LRB100 05985 AMC 16014 b
1 of any bonds, moneys in any reserve fund may be held and
2 applied to the payment of principal, premium, if any, and
3 interest of such bonds.
4 (d) Powers and duties. The Authority has the power:
5 (1) To issue bonds in one or more series pursuant to
6 one or more resolutions of the Authority for any Clean Coal
7 Project, Coal Project, Energy Efficiency Project, or
8 Renewable Energy Project authorized under this Section,
9 within the authorization set forth in subsection (e).
10 (2) To provide for the funding of any reserves or other
11 funds or accounts deemed necessary by the Authority in
12 connection with any bonds issued by the Authority.
13 (3) To pledge any funds of the Authority or funds made
14 available to the Authority that may be applied to such
15 purpose as security for any bonds or any guarantees,
16 letters of credit, insurance contracts or similar credit
17 support or liquidity instruments securing the bonds.
18 (4) To enter into agreements or contracts with third
19 parties, whether public or private, including, without
20 limitation, the United States of America, the State or any
21 department or agency thereof, to obtain any
22 appropriations, grants, loans or guarantees that are
23 deemed necessary or desirable by the Authority. Any such
24 guarantee, agreement or contract may contain terms and
25 provisions necessary or desirable in connection with the
26 program, subject to the requirements established by the

HB3855 Enrolled- 167 -LRB100 05985 AMC 16014 b
1 Act.
2 (5) To exercise such other powers as are necessary or
3 incidental to the foregoing.
4 (e) Clean Coal Project, Coal Project, Energy Efficiency
5Project, and Renewable Energy Project bond authorization and
6financing limits. In addition to any other bonds authorized to
7be issued under Sections 801-40(w), 825-60, 830-25 and 845-5,
8the Authority may have outstanding, at any time, bonds for the
9purpose enumerated in this Section 825-65 in an aggregate
10principal amount that shall not exceed $3,000,000,000, subject
11to the following limitations: (i) up to $300,000,000 may be
12issued to finance projects, as described in clause (C) of
13subsection (b)(i) and clause (C) of subsection (b)(iv) of this
14Section 825-65; (ii) up to $500,000,000 may be issued to
15finance projects, as described in clauses (D) and (E) of
16subsection (b)(i) of this Section 825-65; (iii) up to
17$2,000,000,000 may be issued to finance Clean Coal Projects, as
18described in clauses (A) and (B) of subsection (b)(i) of this
19Section 825-65 and Coal Projects, as described in subsection
20(b)(ii) of this Section 825-65; and (iv) up to $2,000,000,000
21may be issued to finance Energy Efficiency Projects, as
22described in subsection (b)(iii) of this Section 825-65 and
23Renewable Energy Projects, as described in clauses (A), (B),
24and (D) of subsection (b)(iii) of this Section 825-65. An
25application for a loan financed from bond proceeds from a
26borrower or its affiliates for a Clean Coal Project, a Coal

HB3855 Enrolled- 168 -LRB100 05985 AMC 16014 b
1Project, Energy Efficiency Project, or a Renewable Energy
2Project may not be approved by the Authority for an amount in
3excess of $450,000,000 for any borrower or its affiliates. A
4Clean Coal Project or Coal Project must be located within the
5State. An Energy Efficiency Project may be located within the
6State or outside the State, provided that, if the Energy
7Efficiency Project is located outside of the State, it must be
8owned, operated, leased, or managed by an entity located within
9the State or any entity affiliated with an entity located
10within the State. These bonds shall not constitute an
11indebtedness or obligation of the State of Illinois and it
12shall be plainly stated on the face of each bond that it does
13not constitute an indebtedness or obligation of the State of
14Illinois, but is payable solely from the revenues, income or
15other assets of the Authority pledged therefor.
16 (f) The bonding authority granted under this Section is in
17addition to and not limited by the provisions of Section 845-5.
18(Source: P.A. 98-90, eff. 7-15-13; revised 9-8-16.)
19 (20 ILCS 3501/Art. 835 heading)
20
ARTICLE 835 .
21
VETERANS ASSISTANCE
22(Source: P.A. 99-509, eff. 6-24-16; revised 10-26-16.)
23 Section 165. The Alton Lake Heritage Parkway Corridor Law
24is amended by changing Section 1005 as follows:

HB3855 Enrolled- 169 -LRB100 05985 AMC 16014 b
1 (20 ILCS 3905/1005) (from Ch. 105, par. 905)
2 Sec. 1005. Advisory Commission. The State of Illinois, in
3carrying forward its duties to preserve or enhance the quality
4of this Parkway Corridor, shall establish the Alton Lake
5Heritage Parkway Advisory Commission. Beginning on January 1,
61994 (the effective date of Public Act 88-274) this amendatory
7Act of 1993, the Commission shall be known as, and its name
8shall be changed to, the Alton Lake Heritage Parkway Corridor
9Advisory Commission.
10 The Commission shall consist of 10 members, one each from
11Alton and Godfrey Townships in Madison County, one each from
12Quarry and Elsah Townships in Jersey County, one each from the
13cities of Alton, Elsah, and Grafton, one from the Village of
14Godfrey, and one each from Madison and Jersey Counties. The
15Supervisor of each Township, the Mayor of each municipality,
16and the County Board Chairman of each county shall appoint the
17members from their respective township, municipality, or
18county. The Mississippi River Parkway Advisory Council shall
19serve as a technical advisory body to the Commission.
20 The Commission will develop a land management plan that it
21will recommend to the General Assembly by November 1, 1992.
22 The plan shall be subject to a public informational meeting
23prior to it being sent to the General Assembly. Thereafter the
24Commission is authorized to facilitate, coordinate, make
25recommendations for implementing, and assist in implementing

HB3855 Enrolled- 170 -LRB100 05985 AMC 16014 b
1the land management plan in the parkway corridor and its
2viewshed, conservation, and open land-agricultural cores.
3 The Commission may raise, accept, and expend funds from
4public and private sources for the purpose of developing,
5facilitating and coordinating and making recommendations for
6the implementation of, and assisting in the implementation of,
7the land management plan in the parkway corridor.
8 Using funds that it receives as authorized by this Section,
9the Commission may select and contract with a multidiscipline
10design consultant to assist the Commission in the design and
11development of the parkway corridor.
12 The Commission is authorized to cooperate with
13not-for-profit corporations empowered to establish trusts to
14acquire and hold title to scenic easements and other interests
15in land for the purposes of this Article and implementation of
16the land management plan in the parkway corridor.
17(Source: P.A. 87-215; 87-867; 87-964; 88-45; 88-274; revised
189-19-16.)
19 Section 170. The Illinois Health Facilities Planning Act is
20amended by changing Section 8.5 as follows:
21 (20 ILCS 3960/8.5)
22 (Section scheduled to be repealed on December 31, 2019)
23 Sec. 8.5. Certificate of exemption for change of ownership
24of a health care facility; discontinuation of a health care

HB3855 Enrolled- 171 -LRB100 05985 AMC 16014 b
1facility or category of service; public notice and public
2hearing.
3 (a) Upon a finding that an application for a change of
4ownership is complete, the State Board shall publish a legal
5notice on one day in a newspaper of general circulation in the
6area or community to be affected and afford the public an
7opportunity to request a hearing. If the application is for a
8facility located in a Metropolitan Statistical Area, an
9additional legal notice shall be published in a newspaper of
10limited circulation, if one exists, in the area in which the
11facility is located. If the newspaper of limited circulation is
12published on a daily basis, the additional legal notice shall
13be published on one day. The applicant shall pay the cost
14incurred by the Board in publishing the change of ownership
15notice in newspapers as required under this subsection. The
16legal notice shall also be posted on the Health Facilities and
17Services Review Board's web site and sent to the State
18Representative and State Senator of the district in which the
19health care facility is located. An application for change of
20ownership of a hospital shall not be deemed complete without a
21signed certification that for a period of 2 years after the
22change of ownership transaction is effective, the hospital will
23not adopt a charity care policy that is more restrictive than
24the policy in effect during the year prior to the transaction.
25An application for a change of ownership need not contain
26signed transaction documents so long as it includes the

HB3855 Enrolled- 172 -LRB100 05985 AMC 16014 b
1following key terms of the transaction: names and background of
2the parties; structure of the transaction; the person who will
3be the licensed or certified entity after the transaction; the
4ownership or membership interests in such licensed or certified
5entity both prior to and after the transaction; fair market
6value of assets to be transferred; and the purchase price or
7other form of consideration to be provided for those assets.
8The issuance of the certificate of exemption shall be
9contingent upon the applicant submitting a statement to the
10Board within 90 days after the closing date of the transaction,
11or such longer period as provided by the Board, certifying that
12the change of ownership has been completed in accordance with
13the key terms contained in the application. If such key terms
14of the transaction change, a new application shall be required.
15 Where a change of ownership is among related persons, and
16there are no other changes being proposed at the health care
17facility that would otherwise require a permit or exemption
18under this Act, the applicant shall submit an application
19consisting of a standard notice in a form set forth by the
20Board briefly explaining the reasons for the proposed change of
21ownership. Once such an application is submitted to the Board
22and reviewed by the Board staff, the Board Chair shall take
23action on an application for an exemption for a change of
24ownership among related persons within 45 days after the
25application has been deemed complete, provided the application
26meets the applicable standards under this Section. If the Board

HB3855 Enrolled- 173 -LRB100 05985 AMC 16014 b
1Chair has a conflict of interest or for other good cause, the
2Chair may request review by the Board. Notwithstanding any
3other provision of this Act, for purposes of this Section, a
4change of ownership among related persons means a transaction
5where the parties to the transaction are under common control
6or ownership before and after the transaction is completed.
7 Nothing in this Act shall be construed as authorizing the
8Board to impose any conditions, obligations, or limitations,
9other than those required by this Section, with respect to the
10issuance of an exemption for a change of ownership, including,
11but not limited to, the time period before which a subsequent
12change of ownership of the health care facility could be
13sought, or the commitment to continue to offer for a specified
14time period any services currently offered by the health care
15facility.
16 (a-3) Upon a finding that an application to close a health
17care facility is complete, the State Board shall publish a
18legal notice on 3 consecutive days in a newspaper of general
19circulation in the area or community to be affected and afford
20the public an opportunity to request a hearing. If the
21application is for a facility located in a Metropolitan
22Statistical Area, an additional legal notice shall be published
23in a newspaper of limited circulation, if one exists, in the
24area in which the facility is located. If the newspaper of
25limited circulation is published on a daily basis, the
26additional legal notice shall be published on 3 consecutive

HB3855 Enrolled- 174 -LRB100 05985 AMC 16014 b
1days. The legal notice shall also be posted on the Health
2Facilities and Services Review Board's web site and sent to the
3State Representative and State Senator of the district in which
4the health care facility is located. In addition, the health
5care facility shall provide notice of closure to the local
6media that the health care facility would routinely notify
7about facility events. No later than 90 days after a
8discontinuation of a health facility, the applicant must submit
9a statement to the State Board certifying that the
10discontinuation is complete.
11 (a-5) Upon a finding that an application to discontinue a
12category of service is complete and provides the requested
13information, as specified by the State Board, an exemption
14shall be issued. No later than 30 days after the issuance of
15the exemption, the health care facility must give written
16notice of the discontinuation of the category of service to the
17State Senator and State Representative serving the legislative
18district in which the health care facility is located. No later
19than 90 days after a discontinuation of a category of service,
20the applicant must submit a statement to the State Board
21certifying that the discontinuation is complete.
22 (b) If a public hearing is requested, it shall be held at
23least 15 days but no more than 30 days after the date of
24publication of the legal notice in the community in which the
25facility is located. The hearing shall be held in the affected
26area or community in a place of reasonable size and

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1accessibility and a full and complete written transcript of the
2proceedings shall be made. All interested persons attending the
3hearing shall be given a reasonable opportunity to present
4their positions in writing or orally. The applicant shall
5provide a summary of the proposal for distribution at the
6public hearing.
7 (c) For the purposes of this Section "newspaper of limited
8circulation" means a newspaper intended to serve a particular
9or defined population of a specific geographic area within a
10Metropolitan Statistical Area such as a municipality, town,
11village, township, or community area, but does not include
12publications of professional and trade associations.
13(Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15;
1499-527, eff. 1-1-17; 99-551, eff. 7-15-16; revised 9-13-16.)
15 Section 175. The Illinois Latino Family Commission Act is
16amended by changing Section 5 as follows:
17 (20 ILCS 3983/5)
18 Sec. 5. Legislative findings Findings. It is the policy of
19this State to promote family preservation and to strengthen
20families.
21 Latinos are well represented among the families of
22Illinois. The Illinois Latino population is the fifth largest
23in the nation. Over 14% of the estimated 12,000,000 people that
24live in Illinois are Latinos. According to the 2000 Census

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1figures, more than 1,750,000 Latinos make Illinois their home.
2This figure represents a 69.2% increase from the 1990 Census
3figures compared to about 3.5% for non-Latinos. The Latino
4population explosion accounted for two-thirds of the total
5population change in Illinois and it is visible throughout the
6State.
7 In Cook County alone, the Latino population has increased
8to about 1,071,740. In the 6 county region including Cook
9County, nearly 69% of new residents were Hispanic. Roughly
1023.7% of Kane County residents are Latino. In Lake County,
11Latinos make up 14.4% of the total county population.
12 Latinos are not only the fastest growing ethnic group in
13the State, they are also the youngest. The median age for
14Latinos in Illinois is 25, compared to 36 for non-Latinos.
15Despite unprecedented population growth, Latinos lag behind in
16major indicators of well-being relative to education, health,
17employment, and child welfare, as well as representation
18throughout the State. Moreover, Latino children and families
19present unique linguistic, cultural, and immigration issues
20for the State.
21 Latinos have a well-established presence in the child
22welfare system. Of the total 86,973 children that were reported
23abused or neglected in Fiscal Year 2001, about 8,442 or 9.7%
24were Hispanic children. About 25% of these hotline reports were
25indicated, for a total of 2,155 Latino children in Fiscal Year
262001. As of August 2003, there were about 1,367 open Latino

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1child abuse cases in Illinois. This figure is only slightly
2lower than the 1,491 open Latino child cases reported for the
3previous fiscal year. Hispanic cases make up about 6% of all
4open child cases (excluding adoption assistance and home of
5parent living arrangement). Latino families receiving services
6make up about 16% of all intact family cases. It is estimated
7that between 60% and 80% of all Latino families involved with
8the Illinois Department of Children Child and Family Services
9(IDCFS) will need bilingual services at some point during the
10time their case is open. However, IDCFS struggles to meet the
11demand for bilingual services. There are similar examples
12throughout the State demonstrating that Illinois lacks a
13unified and comprehensive strategy for addressing the unique
14needs of Latino families.
15 Latino families remain outside of the margins of
16opportunities in the State. There are tremendous challenges
17faced by Latino families and children in the State. Clearly,
18the growing Latino presence demands that government, child and
19family advocates, and other key stakeholders come together to
20identify and implement policy strategies that can create an
21infrastructure of support for Latino families in the State.
22Building this needed infrastructure of policies must involve
23multiple State agencies. The Illinois Latino Family Commission
24shall lead the effort, advising the Governor and assisting
25State agencies with this task.
26(Source: P.A. 95-619, eff. 9-14-07; revised 9-16-16.)

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1 Section 180. The Fair Practices in Contracting Task Force
2Act is amended by changing Section 5 as follows:
3 (20 ILCS 5080/5)
4 (Section scheduled to be repealed on January 2, 2019)
5 Sec. 5. Purpose and members.
6 (a) There is created the Fair Practices in Contracting Task
7Force to:
8 (1) thoroughly survey African-American-owned business
9 participation in State procurement;
10 (2) study African-American-owned subcontractors'
11 ability to be paid in a timely manner and the communication
12 processes between subcontractors and prime contractors and
13 the State;
14 (3) research solutions and methods to address the
15 disparity in procurement awards; and
16 (4) produce a final report summarizing the Task Force's
17 findings and detailing recommended statutory or
18 constitutional strategies to recognize best practices.
19 (b) The Task Force shall consist of the following members:
20 (1) One member of the House of Representatives,
21 appointed by the Speaker of the House of Representatives;
22 (2) One member of the House of Representatives,
23 appointed by the Minority Leader of the House of
24 Representatives;

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1 (3) One member of the Senate, appointed by the
2 President of the Senate;
3 (4) One member of the Senate, appointed by the Minority
4 Leader of the Senate;
5 (5) Four members appointed by the Governor, 3 of whom
6 must be from the Department of Central Management Services,
7 the Department of Transportation, or the Department of
8 Healthcare Health and Family Services, and one of whom must
9 be a member of the Illinois African-American Family
10 Commission; and
11 (6) Four members of the public, representing
12 minority-owned businesses, appointed by the Governor.
13 (c) Members shall serve without compensation.
14(Source: P.A. 99-451, eff. 6-1-16; revised 9-12-16.)
15 Section 185. The Judicial Note Act is amended by changing
16Section 2 as follows:
17 (25 ILCS 60/2) (from Ch. 63, par. 42.62)
18 Sec. 2. The sponsor of each bill referred to in Section 1,
19shall present a copy of the bill, with his requirements for a
20judicial note, to the Supreme Court. The judicial note shall be
21prepared by the Supreme Court and furnished to the sponsor of
22the bill within 5 calendar days thereafter; except that
23whenever, because of the complexity of the measure, additional
24time is required for the preparation of the judicial note the

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1Supreme Court may so inform the sponsor of the bill and he may
2approve an extension of the time within which the note should
3be furnished, not to extend, however, beyond June 15 the odd
4numbered year following the date of request. Whenever any
5measure by which a judicial note is requested affects effects
6more than one county, circuit, or judicial district, such
7effect must be set forth in the judicial note.
8(Source: P.A. 84-1395; revised 9-6-16.)
9 Section 190. The Housing Affordability Impact Note Act is
10amended by changing Section 10 as follows:
11 (25 ILCS 82/10)
12 Sec. 10. Preparation. The sponsor of each bill, or the
13agency proposing a rule, to which Section Sec. 5 applies, shall
14present a copy of the bill or proposed rule, with the request
15for a housing affordability impact note, to the Illinois
16Housing Development Authority. The housing affordability
17impact note shall be prepared by the Illinois Housing
18Development Authority and submitted to the sponsor of the bill
19or the agency within 5 calendar days, except that whenever,
20because of the complexity of the measure, additional time is
21required for the preparation of the housing affordability
22impact note, the Illinois Housing Development Authority may
23inform the sponsor of the bill or the agency, and the sponsor
24or agency may approve an extension of the time within which the

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1note is to be submitted, not to extend, however, beyond June
215, following the date of the request. The Illinois Housing
3Development Authority may seek assistance from a Statewide
4trade organization representing the real estate or home
5building industry in the preparation of a housing affordability
6impact note. If, in the opinion of the Illinois Housing
7Development Authority, there is insufficient information to
8prepare a reliable estimate of the anticipated impact, a
9statement to that effect can be filed and shall meet the
10requirements of this Act.
11(Source: P.A. 87-1149; 88-61; revised 9-7-16.)
12 Section 195. The State Finance Act is amended by setting
13forth and renumbering multiple versions of Sections 5.595 and
145.875 and by changing Sections 6z-9 and 8g as follows:
15 (30 ILCS 105/5.595)
16 Sec. 5.595. (Repealed).
17(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-576,
18eff. 7-15-16.)
19 (30 ILCS 105/5.595a)
20 Sec. 5.595a 5.595. The Local Legacy Fund.
21(Source: P.A. 93-328, eff. 1-1-04; revised 10-4-16.)
22 (30 ILCS 105/5.874)

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1 Sec. 5.874 5.875. The Child Bereavement Fund.
2(Source: P.A. 99-703, eff. 7-29-16; revised 10-4-16.)
3 (30 ILCS 105/5.875)
4 Sec. 5.875. The Roadside Monarch Habitat Fund.
5(Source: P.A. 99-723, eff. 8-5-16.)
6 (30 ILCS 105/5.876)
7 Sec. 5.876 5.875. The State Military Justice Fund.
8(Source: P.A. 99-796, eff. 1-1-17; revised 10-4-16.)
9 (30 ILCS 105/6z-9) (from Ch. 127, par. 142z-9)
10 Sec. 6z-9. (a) The Build Illinois Fund is created in the
11State Treasury. All tax revenues and other moneys from whatever
12source which by law are required to be deposited in the Build
13Illinois Fund shall be paid into the Build Illinois Fund upon
14their collection, payment or other receipt as provided by law,
15including the pledge set forth in Section 12 of the Build
16Illinois Bond Act. All tax revenues and other moneys paid into
17the Build Illinois Fund shall be promptly invested by the State
18Treasurer in accordance with law, and all interest or other
19earnings accruing or received thereon shall be credited to and
20paid into the Build Illinois Fund. No tax revenues or other
21moneys, interest or earnings paid into the Build Illinois Fund
22shall be transferred or allocated by the Comptroller or
23Treasurer to any other fund, nor shall the Governor authorize

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1any such transfer or allocation, nor shall any tax revenues or
2other moneys, interest or earnings paid into the Build Illinois
3Fund be used, temporarily or otherwise, for interfund
4borrowing, or be otherwise used or appropriated, except as
5expressly authorized and provided in Section 8.25 of this Act
6for the sole purposes and subject to the priorities,
7limitations and conditions prescribed therein.
8 (b) The tax revenues and other moneys shall be paid into
9the Build Illinois Fund pursuant to Section 6z-17 of this Act,
10Section 28 of the "Illinois Horse Racing Act of 1975", as
11amended, Section 9 of the "Use Tax Act", as amended, Section 9
12of the "Service Use Tax Act", as amended, Section 9 of the
13"Service Occupation Tax Act", as amended, Section 3 of the
14"Retailers' Occupation Tax Act", as amended, Section 4.05 of
15the "Chicago World's Fair - 1992 Authority Act", as amended,
16and Sections 3 and 6 of the "The Hotel Operators' Occupation
17Tax Act", as amended.
18(Source: P.A. 91-51, eff. 6-30-99; revised 9-8-16.)
19 (30 ILCS 105/8g)
20 Sec. 8g. Fund transfers.
21 (a) In addition to any other transfers that may be provided
22for by law, as soon as may be practical after June 9, 1999 (the
23effective date of Public Act 91-25) this amendatory Act of the
2491st General Assembly, the State Comptroller shall direct and
25the State Treasurer shall transfer the sum of $10,000,000 from

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1the General Revenue Fund to the Motor Vehicle License Plate
2Fund created by Public Act 91-37 Senate Bill 1028 of the 91st
3General Assembly.
4 (b) In addition to any other transfers that may be provided
5for by law, as soon as may be practical after June 9, 1999 (the
6effective date of Public Act 91-25) this amendatory Act of the
791st General Assembly, the State Comptroller shall direct and
8the State Treasurer shall transfer the sum of $25,000,000 from
9the General Revenue Fund to the Fund for Illinois' Future
10created by Public Act 91-38 Senate Bill 1066 of the 91st
11General Assembly.
12 (c) In addition to any other transfers that may be provided
13for by law, on August 30 of each fiscal year's license period,
14the Illinois Liquor Control Commission shall direct and the
15State Comptroller and State Treasurer shall transfer from the
16General Revenue Fund to the Youth Alcoholism and Substance
17Abuse Prevention Fund an amount equal to the number of retail
18liquor licenses issued for that fiscal year multiplied by $50.
19 (d) The payments to programs required under subsection (d)
20of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
21be made, pursuant to appropriation, from the special funds
22referred to in the statutes cited in that subsection, rather
23than directly from the General Revenue Fund.
24 Beginning January 1, 2000, on the first day of each month,
25or as soon as may be practical thereafter, the State
26Comptroller shall direct and the State Treasurer shall transfer

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1from the General Revenue Fund to each of the special funds from
2which payments are to be made under Section 28.1(d) of the
3Illinois Horse Racing Act of 1975 an amount equal to 1/12 of
4the annual amount required for those payments from that special
5fund, which annual amount shall not exceed the annual amount
6for those payments from that special fund for the calendar year
71998. The special funds to which transfers shall be made under
8this subsection (d) include, but are not necessarily limited
9to, the Agricultural Premium Fund; the Metropolitan
10Exposition, Auditorium and Office Building Fund; the Fair and
11Exposition Fund; the Illinois Standardbred Breeders Fund; the
12Illinois Thoroughbred Breeders Fund; and the Illinois
13Veterans' Rehabilitation Fund.
14 (e) In addition to any other transfers that may be provided
15for by law, as soon as may be practical after May 17, 2000 (the
16effective date of Public Act 91-704) this amendatory Act of the
1791st General Assembly, but in no event later than June 30,
182000, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $15,000,000 from the
20General Revenue Fund to the Fund for Illinois' Future.
21 (f) In addition to any other transfers that may be provided
22for by law, as soon as may be practical after May 17, 2000 (the
23effective date of Public Act 91-704) this amendatory Act of the
2491st General Assembly, but in no event later than June 30,
252000, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $70,000,000 from the

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1General Revenue Fund to the Long-Term Care Provider Fund.
2 (f-1) In fiscal year 2002, in addition to any other
3transfers that may be provided for by law, at the direction of
4and upon notification from the Governor, the State Comptroller
5shall direct and the State Treasurer shall transfer amounts not
6exceeding a total of $160,000,000 from the General Revenue Fund
7to the Long-Term Care Provider Fund.
8 (g) In addition to any other transfers that may be provided
9for by law, on July 1, 2001, or as soon thereafter as may be
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $1,200,000 from the General
12Revenue Fund to the Violence Prevention Fund.
13 (h) In each of fiscal years 2002 through 2004, but not
14thereafter, in addition to any other transfers that may be
15provided for by law, the State Comptroller shall direct and the
16State Treasurer shall transfer $5,000,000 from the General
17Revenue Fund to the Tourism Promotion Fund.
18 (i) On or after July 1, 2001 and until May 1, 2002, in
19addition to any other transfers that may be provided for by
20law, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts not exceeding a total of
23$80,000,000 from the General Revenue Fund to the Tobacco
24Settlement Recovery Fund. Any amounts so transferred shall be
25re-transferred by the State Comptroller and the State Treasurer
26from the Tobacco Settlement Recovery Fund to the General

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1Revenue Fund at the direction of and upon notification from the
2Governor, but in any event on or before June 30, 2002.
3 (i-1) On or after July 1, 2002 and until May 1, 2003, in
4addition to any other transfers that may be provided for by
5law, at the direction of and upon notification from the
6Governor, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts not exceeding a total of
8$80,000,000 from the General Revenue Fund to the Tobacco
9Settlement Recovery Fund. Any amounts so transferred shall be
10re-transferred by the State Comptroller and the State Treasurer
11from the Tobacco Settlement Recovery Fund to the General
12Revenue Fund at the direction of and upon notification from the
13Governor, but in any event on or before June 30, 2003.
14 (j) On or after July 1, 2001 and no later than June 30,
152002, in addition to any other transfers that may be provided
16for by law, at the direction of and upon notification from the
17Governor, the State Comptroller shall direct and the State
18Treasurer shall transfer amounts not to exceed the following
19sums into the Statistical Services Revolving Fund:
20 From the General Revenue Fund.................$8,450,000
21 From the Public Utility Fund..................1,700,000
22 From the Transportation Regulatory Fund.......2,650,000
23 From the Title III Social Security and
24 Employment Fund..............................3,700,000
25 From the Professions Indirect Cost Fund.......4,050,000
26 From the Underground Storage Tank Fund........550,000

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1 From the Agricultural Premium Fund............750,000
2 From the State Pensions Fund..................200,000
3 From the Road Fund............................2,000,000
4 From the Illinois Health Facilities
5 Planning Fund................................1,000,000
6 From the Savings and Residential Finance
7 Regulatory Fund..............................130,800
8 From the Appraisal Administration Fund........28,600
9 From the Pawnbroker Regulation Fund...........3,600
10 From the Auction Regulation
11 Administration Fund..........................35,800
12 From the Bank and Trust Company Fund..........634,800
13 From the Real Estate License
14 Administration Fund..........................313,600
15 (k) In addition to any other transfers that may be provided
16for by law, as soon as may be practical after December 20, 2001
17(the effective date of Public Act 92-505) this amendatory Act
18of the 92nd General Assembly, the State Comptroller shall
19direct and the State Treasurer shall transfer the sum of
20$2,000,000 from the General Revenue Fund to the Teachers Health
21Insurance Security Fund.
22 (k-1) In addition to any other transfers that may be
23provided for by law, on July 1, 2002, or as soon as may be
24practical thereafter, the State Comptroller shall direct and
25the State Treasurer shall transfer the sum of $2,000,000 from
26the General Revenue Fund to the Teachers Health Insurance

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1Security Fund.
2 (k-2) In addition to any other transfers that may be
3provided for by law, on July 1, 2003, or as soon as may be
4practical thereafter, the State Comptroller shall direct and
5the State Treasurer shall transfer the sum of $2,000,000 from
6the General Revenue Fund to the Teachers Health Insurance
7Security Fund.
8 (k-3) On or after July 1, 2002 and no later than June 30,
92003, in addition to any other transfers that may be provided
10for by law, at the direction of and upon notification from the
11Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not to exceed the following
13sums into the Statistical Services Revolving Fund:
14 Appraisal Administration Fund.................$150,000
15 General Revenue Fund..........................10,440,000
16 Savings and Residential Finance
17 Regulatory Fund...........................200,000
18 State Pensions Fund...........................100,000
19 Bank and Trust Company Fund...................100,000
20 Professions Indirect Cost Fund................3,400,000
21 Public Utility Fund...........................2,081,200
22 Real Estate License Administration Fund.......150,000
23 Title III Social Security and
24 Employment Fund...........................1,000,000
25 Transportation Regulatory Fund................3,052,100
26 Underground Storage Tank Fund.................50,000

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1 (l) In addition to any other transfers that may be provided
2for by law, on July 1, 2002, or as soon as may be practical
3thereafter, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $3,000,000 from the General
5Revenue Fund to the Presidential Library and Museum Operating
6Fund.
7 (m) In addition to any other transfers that may be provided
8for by law, on July 1, 2002 and on January 8, 2004 (the
9effective date of Public Act 93-648) this amendatory Act of the
1093rd General Assembly, or as soon thereafter as may be
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $1,200,000 from the General
13Revenue Fund to the Violence Prevention Fund.
14 (n) In addition to any other transfers that may be provided
15for by law, on July 1, 2003, or as soon thereafter as may be
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $6,800,000 from the General
18Revenue Fund to the DHS Recoveries Trust Fund.
19 (o) On or after July 1, 2003, and no later than June 30,
202004, in addition to any other transfers that may be provided
21for by law, at the direction of and upon notification from the
22Governor, the State Comptroller shall direct and the State
23Treasurer shall transfer amounts not to exceed the following
24sums into the Vehicle Inspection Fund:
25 From the Underground Storage Tank Fund .......$35,000,000.
26 (p) On or after July 1, 2003 and until May 1, 2004, in

HB3855 Enrolled- 191 -LRB100 05985 AMC 16014 b
1addition to any other transfers that may be provided for by
2law, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts not exceeding a total of
5$80,000,000 from the General Revenue Fund to the Tobacco
6Settlement Recovery Fund. Any amounts so transferred shall be
7re-transferred from the Tobacco Settlement Recovery Fund to the
8General Revenue Fund at the direction of and upon notification
9from the Governor, but in any event on or before June 30, 2004.
10 (q) In addition to any other transfers that may be provided
11for by law, on July 1, 2003, or as soon as may be practical
12thereafter, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $5,000,000 from the General
14Revenue Fund to the Illinois Military Family Relief Fund.
15 (r) In addition to any other transfers that may be provided
16for by law, on July 1, 2003, or as soon as may be practical
17thereafter, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $1,922,000 from the General
19Revenue Fund to the Presidential Library and Museum Operating
20Fund.
21 (s) In addition to any other transfers that may be provided
22for by law, on or after July 1, 2003, the State Comptroller
23shall direct and the State Treasurer shall transfer the sum of
24$4,800,000 from the Statewide Economic Development Fund to the
25General Revenue Fund.
26 (t) In addition to any other transfers that may be provided

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1for by law, on or after July 1, 2003, the State Comptroller
2shall direct and the State Treasurer shall transfer the sum of
3$50,000,000 from the General Revenue Fund to the Budget
4Stabilization Fund.
5 (u) On or after July 1, 2004 and until May 1, 2005, in
6addition to any other transfers that may be provided for by
7law, at the direction of and upon notification from the
8Governor, the State Comptroller shall direct and the State
9Treasurer shall transfer amounts not exceeding a total of
10$80,000,000 from the General Revenue Fund to the Tobacco
11Settlement Recovery Fund. Any amounts so transferred shall be
12retransferred by the State Comptroller and the State Treasurer
13from the Tobacco Settlement Recovery Fund to the General
14Revenue Fund at the direction of and upon notification from the
15Governor, but in any event on or before June 30, 2005.
16 (v) In addition to any other transfers that may be provided
17for by law, on July 1, 2004, or as soon thereafter as may be
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $1,200,000 from the General
20Revenue Fund to the Violence Prevention Fund.
21 (w) In addition to any other transfers that may be provided
22for by law, on July 1, 2004, or as soon thereafter as may be
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $6,445,000 from the General
25Revenue Fund to the Presidential Library and Museum Operating
26Fund.

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1 (x) In addition to any other transfers that may be provided
2for by law, on January 15, 2005, or as soon thereafter as may
3be practical, the State Comptroller shall direct and the State
4Treasurer shall transfer to the General Revenue Fund the
5following sums:
6 From the State Crime Laboratory Fund, $200,000;
7 From the State Police Wireless Service Emergency Fund,
8 $200,000;
9 From the State Offender DNA Identification System
10 Fund, $800,000; and
11 From the State Police Whistleblower Reward and
12 Protection Fund, $500,000.
13 (y) Notwithstanding any other provision of law to the
14contrary, in addition to any other transfers that may be
15provided for by law on June 30, 2005, or as soon as may be
16practical thereafter, the State Comptroller shall direct and
17the State Treasurer shall transfer the remaining balance from
18the designated funds into the General Revenue Fund and any
19future deposits that would otherwise be made into these funds
20must instead be made into the General Revenue Fund:
21 (1) the Keep Illinois Beautiful Fund;
22 (2) the Metropolitan Fair and Exposition Authority
23 Reconstruction Fund;
24 (3) the New Technology Recovery Fund;
25 (4) the Illinois Rural Bond Bank Trust Fund;
26 (5) the ISBE School Bus Driver Permit Fund;

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1 (6) the Solid Waste Management Revolving Loan Fund;
2 (7) the State Postsecondary Review Program Fund;
3 (8) the Tourism Attraction Development Matching Grant
4 Fund;
5 (9) the Patent and Copyright Fund;
6 (10) the Credit Enhancement Development Fund;
7 (11) the Community Mental Health and Developmental
8 Disabilities Services Provider Participation Fee Trust
9 Fund;
10 (12) the Nursing Home Grant Assistance Fund;
11 (13) the By-product Material Safety Fund;
12 (14) the Illinois Student Assistance Commission Higher
13 EdNet Fund;
14 (15) the DORS State Project Fund;
15 (16) the School Technology Revolving Fund;
16 (17) the Energy Assistance Contribution Fund;
17 (18) the Illinois Building Commission Revolving Fund;
18 (19) the Illinois Aquaculture Development Fund;
19 (20) the Homelessness Prevention Fund;
20 (21) the DCFS Refugee Assistance Fund;
21 (22) the Illinois Century Network Special Purposes
22 Fund; and
23 (23) the Build Illinois Purposes Fund.
24 (z) In addition to any other transfers that may be provided
25for by law, on July 1, 2005, or as soon as may be practical
26thereafter, the State Comptroller shall direct and the State

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1Treasurer shall transfer the sum of $1,200,000 from the General
2Revenue Fund to the Violence Prevention Fund.
3 (aa) In addition to any other transfers that may be
4provided for by law, on July 1, 2005, or as soon as may be
5practical thereafter, the State Comptroller shall direct and
6the State Treasurer shall transfer the sum of $9,000,000 from
7the General Revenue Fund to the Presidential Library and Museum
8Operating Fund.
9 (bb) In addition to any other transfers that may be
10provided for by law, on July 1, 2005, or as soon as may be
11practical thereafter, the State Comptroller shall direct and
12the State Treasurer shall transfer the sum of $6,803,600 from
13the General Revenue Fund to the Securities Audit and
14Enforcement Fund.
15 (cc) In addition to any other transfers that may be
16provided for by law, on or after July 1, 2005 and until May 1,
172006, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts not exceeding a total of
20$80,000,000 from the General Revenue Fund to the Tobacco
21Settlement Recovery Fund. Any amounts so transferred shall be
22re-transferred by the State Comptroller and the State Treasurer
23from the Tobacco Settlement Recovery Fund to the General
24Revenue Fund at the direction of and upon notification from the
25Governor, but in any event on or before June 30, 2006.
26 (dd) In addition to any other transfers that may be

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1provided for by law, on April 1, 2005, or as soon thereafter as
2may be practical, at the direction of the Director of Public
3Aid (now Director of Healthcare and Family Services), the State
4Comptroller shall direct and the State Treasurer shall transfer
5from the Public Aid Recoveries Trust Fund amounts not to exceed
6$14,000,000 to the Community Mental Health Medicaid Trust Fund.
7 (ee) Notwithstanding any other provision of law, on July 1,
82006, or as soon thereafter as practical, the State Comptroller
9shall direct and the State Treasurer shall transfer the
10remaining balance from the Illinois Civic Center Bond Fund to
11the Illinois Civic Center Bond Retirement and Interest Fund.
12 (ff) In addition to any other transfers that may be
13provided for by law, on and after July 1, 2006 and until June
1430, 2007, at the direction of and upon notification from the
15Director of the Governor's Office of Management and Budget, the
16State Comptroller shall direct and the State Treasurer shall
17transfer amounts not exceeding a total of $1,900,000 from the
18General Revenue Fund to the Illinois Capital Revolving Loan
19Fund.
20 (gg) In addition to any other transfers that may be
21provided for by law, on and after July 1, 2006 and until May 1,
222007, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts not exceeding a total of
25$80,000,000 from the General Revenue Fund to the Tobacco
26Settlement Recovery Fund. Any amounts so transferred shall be

HB3855 Enrolled- 197 -LRB100 05985 AMC 16014 b
1retransferred by the State Comptroller and the State Treasurer
2from the Tobacco Settlement Recovery Fund to the General
3Revenue Fund at the direction of and upon notification from the
4Governor, but in any event on or before June 30, 2007.
5 (hh) In addition to any other transfers that may be
6provided for by law, on and after July 1, 2006 and until June
730, 2007, at the direction of and upon notification from the
8Governor, the State Comptroller shall direct and the State
9Treasurer shall transfer amounts from the Illinois Affordable
10Housing Trust Fund to the designated funds not exceeding the
11following amounts:
12 DCFS Children's Services Fund.................$2,200,000
13 Department of Corrections Reimbursement
14 and Education Fund........................$1,500,000
15 Supplemental Low-Income Energy
16 Assistance Fund..............................$75,000
17 (ii) In addition to any other transfers that may be
18provided for by law, on or before August 31, 2006, the Governor
19and the State Comptroller may agree to transfer the surplus
20cash balance from the General Revenue Fund to the Budget
21Stabilization Fund and the Pension Stabilization Fund in equal
22proportions. The determination of the amount of the surplus
23cash balance shall be made by the Governor, with the
24concurrence of the State Comptroller, after taking into account
25the June 30, 2006 balances in the general funds and the actual
26or estimated spending from the general funds during the lapse

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1period. Notwithstanding the foregoing, the maximum amount that
2may be transferred under this subsection (ii) is $50,000,000.
3 (jj) In addition to any other transfers that may be
4provided for by law, on July 1, 2006, or as soon thereafter as
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $8,250,000 from the General
7Revenue Fund to the Presidential Library and Museum Operating
8Fund.
9 (kk) In addition to any other transfers that may be
10provided for by law, on July 1, 2006, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $1,400,000 from the General
13Revenue Fund to the Violence Prevention Fund.
14 (ll) In addition to any other transfers that may be
15provided for by law, on the first day of each calendar quarter
16of the fiscal year beginning July 1, 2006, or as soon
17thereafter as practical, the State Comptroller shall direct and
18the State Treasurer shall transfer from the General Revenue
19Fund amounts equal to one-fourth of $20,000,000 to the
20Renewable Energy Resources Trust Fund.
21 (mm) In addition to any other transfers that may be
22provided for by law, on July 1, 2006, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $1,320,000 from the General
25Revenue Fund to the I-FLY Fund.
26 (nn) In addition to any other transfers that may be

HB3855 Enrolled- 199 -LRB100 05985 AMC 16014 b
1provided for by law, on July 1, 2006, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $3,000,000 from the General
4Revenue Fund to the African-American HIV/AIDS Response Fund.
5 (oo) In addition to any other transfers that may be
6provided for by law, on and after July 1, 2006 and until June
730, 2007, at the direction of and upon notification from the
8Governor, the State Comptroller shall direct and the State
9Treasurer shall transfer amounts identified as net receipts
10from the sale of all or part of the Illinois Student Assistance
11Commission loan portfolio from the Student Loan Operating Fund
12to the General Revenue Fund. The maximum amount that may be
13transferred pursuant to this Section is $38,800,000. In
14addition, no transfer may be made pursuant to this Section that
15would have the effect of reducing the available balance in the
16Student Loan Operating Fund to an amount less than the amount
17remaining unexpended and unreserved from the total
18appropriations from the Fund estimated to be expended for the
19fiscal year. The State Treasurer and Comptroller shall transfer
20the amounts designated under this Section as soon as may be
21practical after receiving the direction to transfer from the
22Governor.
23 (pp) In addition to any other transfers that may be
24provided for by law, on July 1, 2006, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $2,000,000 from the General

HB3855 Enrolled- 200 -LRB100 05985 AMC 16014 b
1Revenue Fund to the Illinois Veterans Assistance Fund.
2 (qq) In addition to any other transfers that may be
3provided for by law, on and after July 1, 2007 and until May 1,
42008, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts not exceeding a total of
7$80,000,000 from the General Revenue Fund to the Tobacco
8Settlement Recovery Fund. Any amounts so transferred shall be
9retransferred by the State Comptroller and the State Treasurer
10from the Tobacco Settlement Recovery Fund to the General
11Revenue Fund at the direction of and upon notification from the
12Governor, but in any event on or before June 30, 2008.
13 (rr) In addition to any other transfers that may be
14provided for by law, on and after July 1, 2007 and until June
1530, 2008, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts from the Illinois Affordable
18Housing Trust Fund to the designated funds not exceeding the
19following amounts:
20 DCFS Children's Services Fund.................$2,200,000
21 Department of Corrections Reimbursement
22 and Education Fund........................$1,500,000
23 Supplemental Low-Income Energy
24 Assistance Fund..............................$75,000
25 (ss) In addition to any other transfers that may be
26provided for by law, on July 1, 2007, or as soon thereafter as

HB3855 Enrolled- 201 -LRB100 05985 AMC 16014 b
1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $8,250,000 from the General
3Revenue Fund to the Presidential Library and Museum Operating
4Fund.
5 (tt) In addition to any other transfers that may be
6provided for by law, on July 1, 2007, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $1,400,000 from the General
9Revenue Fund to the Violence Prevention Fund.
10 (uu) In addition to any other transfers that may be
11provided for by law, on July 1, 2007, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $1,320,000 from the General
14Revenue Fund to the I-FLY Fund.
15 (vv) In addition to any other transfers that may be
16provided for by law, on July 1, 2007, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $3,000,000 from the General
19Revenue Fund to the African-American HIV/AIDS Response Fund.
20 (ww) In addition to any other transfers that may be
21provided for by law, on July 1, 2007, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $3,500,000 from the General
24Revenue Fund to the Predatory Lending Database Program Fund.
25 (xx) In addition to any other transfers that may be
26provided for by law, on July 1, 2007, or as soon thereafter as

HB3855 Enrolled- 202 -LRB100 05985 AMC 16014 b
1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $5,000,000 from the General
3Revenue Fund to the Digital Divide Elimination Fund.
4 (yy) In addition to any other transfers that may be
5provided for by law, on July 1, 2007, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $4,000,000 from the General
8Revenue Fund to the Digital Divide Elimination Infrastructure
9Fund.
10 (zz) In addition to any other transfers that may be
11provided for by law, on July 1, 2008, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $5,000,000 from the General
14Revenue Fund to the Digital Divide Elimination Fund.
15 (aaa) In addition to any other transfers that may be
16provided for by law, on and after July 1, 2008 and until May 1,
172009, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts not exceeding a total of
20$80,000,000 from the General Revenue Fund to the Tobacco
21Settlement Recovery Fund. Any amounts so transferred shall be
22retransferred by the State Comptroller and the State Treasurer
23from the Tobacco Settlement Recovery Fund to the General
24Revenue Fund at the direction of and upon notification from the
25Governor, but in any event on or before June 30, 2009.
26 (bbb) In addition to any other transfers that may be

HB3855 Enrolled- 203 -LRB100 05985 AMC 16014 b
1provided for by law, on and after July 1, 2008 and until June
230, 2009, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts from the Illinois Affordable
5Housing Trust Fund to the designated funds not exceeding the
6following amounts:
7 DCFS Children's Services Fund.............$2,200,000
8 Department of Corrections Reimbursement
9 and Education Fund........................$1,500,000
10 Supplemental Low-Income Energy
11 Assistance Fund..............................$75,000
12 (ccc) In addition to any other transfers that may be
13provided for by law, on July 1, 2008, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $7,450,000 from the General
16Revenue Fund to the Presidential Library and Museum Operating
17Fund.
18 (ddd) In addition to any other transfers that may be
19provided for by law, on July 1, 2008, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $1,400,000 from the General
22Revenue Fund to the Violence Prevention Fund.
23 (eee) In addition to any other transfers that may be
24provided for by law, on July 1, 2009, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

HB3855 Enrolled- 204 -LRB100 05985 AMC 16014 b
1Revenue Fund to the Digital Divide Elimination Fund.
2 (fff) In addition to any other transfers that may be
3provided for by law, on and after July 1, 2009 and until May 1,
42010, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts not exceeding a total of
7$80,000,000 from the General Revenue Fund to the Tobacco
8Settlement Recovery Fund. Any amounts so transferred shall be
9retransferred by the State Comptroller and the State Treasurer
10from the Tobacco Settlement Recovery Fund to the General
11Revenue Fund at the direction of and upon notification from the
12Governor, but in any event on or before June 30, 2010.
13 (ggg) In addition to any other transfers that may be
14provided for by law, on July 1, 2009, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $7,450,000 from the General
17Revenue Fund to the Presidential Library and Museum Operating
18Fund.
19 (hhh) In addition to any other transfers that may be
20provided for by law, on July 1, 2009, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $1,400,000 from the General
23Revenue Fund to the Violence Prevention Fund.
24 (iii) In addition to any other transfers that may be
25provided for by law, on July 1, 2009, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

HB3855 Enrolled- 205 -LRB100 05985 AMC 16014 b
1Treasurer shall transfer the sum of $100,000 from the General
2Revenue Fund to the Heartsaver AED Fund.
3 (jjj) In addition to any other transfers that may be
4provided for by law, on and after July 1, 2009 and until June
530, 2010, at the direction of and upon notification from the
6Governor, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts not exceeding a total of
8$17,000,000 from the General Revenue Fund to the DCFS
9Children's Services Fund.
10 (lll) In addition to any other transfers that may be
11provided for by law, on July 1, 2009, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $5,000,000 from the General
14Revenue Fund to the Communications Revolving Fund.
15 (mmm) In addition to any other transfers that may be
16provided for by law, on July 1, 2009, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $9,700,000 from the General
19Revenue Fund to the Senior Citizens Real Estate Deferred Tax
20Revolving Fund.
21 (nnn) In addition to any other transfers that may be
22provided for by law, on July 1, 2009, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $565,000 from the FY09
25Budget Relief Fund to the Horse Racing Fund.
26 (ooo) In addition to any other transfers that may be

HB3855 Enrolled- 206 -LRB100 05985 AMC 16014 b
1provided by law, on July 1, 2009, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $600,000 from the General
4Revenue Fund to the Temporary Relocation Expenses Revolving
5Fund.
6 (ppp) In addition to any other transfers that may be
7provided for by law, on July 1, 2010, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $5,000,000 from the General
10Revenue Fund to the Digital Divide Elimination Fund.
11 (qqq) In addition to any other transfers that may be
12provided for by law, on and after July 1, 2010 and until May 1,
132011, at the direction of and upon notification from the
14Governor, the State Comptroller shall direct and the State
15Treasurer shall transfer amounts not exceeding a total of
16$80,000,000 from the General Revenue Fund to the Tobacco
17Settlement Recovery Fund. Any amounts so transferred shall be
18retransferred by the State Comptroller and the State Treasurer
19from the Tobacco Settlement Recovery Fund to the General
20Revenue Fund at the direction of and upon notification from the
21Governor, but in any event on or before June 30, 2011.
22 (rrr) In addition to any other transfers that may be
23provided for by law, on July 1, 2010, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $6,675,000 from the General
26Revenue Fund to the Presidential Library and Museum Operating

HB3855 Enrolled- 207 -LRB100 05985 AMC 16014 b
1Fund.
2 (sss) In addition to any other transfers that may be
3provided for by law, on July 1, 2010, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $1,400,000 from the General
6Revenue Fund to the Violence Prevention Fund.
7 (ttt) In addition to any other transfers that may be
8provided for by law, on July 1, 2010, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $100,000 from the General
11Revenue Fund to the Heartsaver AED Fund.
12 (uuu) In addition to any other transfers that may be
13provided for by law, on July 1, 2010, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $5,000,000 from the General
16Revenue Fund to the Communications Revolving Fund.
17 (vvv) In addition to any other transfers that may be
18provided for by law, on July 1, 2010, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $3,000,000 from the General
21Revenue Fund to the Illinois Capital Revolving Loan Fund.
22 (www) In addition to any other transfers that may be
23provided for by law, on July 1, 2010, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $17,000,000 from the
26General Revenue Fund to the DCFS Children's Services Fund.

HB3855 Enrolled- 208 -LRB100 05985 AMC 16014 b
1 (xxx) In addition to any other transfers that may be
2provided for by law, on July 1, 2010, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $2,000,000 from the Digital
5Divide Elimination Infrastructure Fund, of which $1,000,000
6shall go to the Workforce, Technology, and Economic Development
7Fund and $1,000,000 to the Public Utility Fund.
8 (yyy) In addition to any other transfers that may be
9provided for by law, on and after July 1, 2011 and until May 1,
102012, at the direction of and upon notification from the
11Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not exceeding a total of
13$80,000,000 from the General Revenue Fund to the Tobacco
14Settlement Recovery Fund. Any amounts so transferred shall be
15retransferred by the State Comptroller and the State Treasurer
16from the Tobacco Settlement Recovery Fund to the General
17Revenue Fund at the direction of and upon notification from the
18Governor, but in any event on or before June 30, 2012.
19 (zzz) In addition to any other transfers that may be
20provided for by law, on July 1, 2011, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $1,000,000 from the General
23Revenue Fund to the Illinois Veterans Assistance Fund.
24 (aaaa) In addition to any other transfers that may be
25provided for by law, on July 1, 2011, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

HB3855 Enrolled- 209 -LRB100 05985 AMC 16014 b
1Treasurer shall transfer the sum of $8,000,000 from the General
2Revenue Fund to the Presidential Library and Museum Operating
3Fund.
4 (bbbb) In addition to any other transfers that may be
5provided for by law, on July 1, 2011, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $1,400,000 from the General
8Revenue Fund to the Violence Prevention Fund.
9 (cccc) In addition to any other transfers that may be
10provided for by law, on July 1, 2011, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $14,100,000 from the
13General Revenue Fund to the State Garage Revolving Fund.
14 (dddd) In addition to any other transfers that may be
15provided for by law, on July 1, 2011, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $4,000,000 from the General
18Revenue Fund to the Digital Divide Elimination Fund.
19 (eeee) In addition to any other transfers that may be
20provided for by law, on July 1, 2011, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $500,000 from the General
23Revenue Fund to the Senior Citizens Real Estate Deferred Tax
24Revolving Fund.
25(Source: P.A. 96-45, eff. 7-15-09; 96-820, eff. 11-18-09;
2696-959, eff. 7-1-10; 97-72, eff. 7-1-11; 97-641, eff. 12-19-11;

HB3855 Enrolled- 210 -LRB100 05985 AMC 16014 b
1revised 9-8-16.)
2 Section 200. The Natural Heritage Fund Act is amended by
3changing Section 5 as follows:
4 (30 ILCS 150/5) (from Ch. 105, par. 735)
5 Sec. 5. Interest proceeds Proceeds. The Governor shall
6request and the General Assembly may annually appropriate from
7the Natural Heritage Fund an amount not to exceed to the annual
8investment income earned by the Trust Fund to the Department
9and any portion of the investment income earned in preceding
10years that was not transferred for the purposes set forth in
11Section 4. Upon the Director's request, the Comptroller and the
12State Treasurer shall transfer amounts not to exceed the actual
13investment income earned from the Trust Fund to the Natural
14Heritage Fund from time to time as needed for expenditures from
15the Natural Heritage Fund in accordance with appropriations.
16(Source: P.A. 87-1197; revised 9-7-16.)
17 Section 205. The Illinois Procurement Code is amended by
18changing Sections 40-30 and 45-67 as follows:
19 (30 ILCS 500/40-30)
20 Sec. 40-30. Purchase option. Initial leases of all space in
21entire, free-standing buildings shall include an option to
22purchase exercisable exerciseable by the State, unless the

HB3855 Enrolled- 211 -LRB100 05985 AMC 16014 b
1purchasing officer determines that inclusion of such purchase
2option is not in the State's best interest and makes that
3determination in writing along with the reasons for making that
4determination and publishes the written determination in the
5appropriate volume of the Illinois Procurement Bulletin.
6Leases from governmental units and not-for-profit entities are
7exempt from the requirements of this Section.
8(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised
99-9-16.)
10 (30 ILCS 500/45-67)
11 Sec. 45-67. Encouragement to hire qualified veterans. A
12chief procurement officer may, as part of any solicitation,
13encourage potential contractors to consider hiring qualified
14veterans and to notify them of any available financial
15incentives or other advantages associated with hiring such
16persons. In establishing internal guidelines in furtherance of
17this Section, the Department of Central Management Services may
18work with an interagency advisory committee consisting of
19representatives from the Department of Veterans' Veterans
20Affairs, the Department of Employment Security, the Department
21of Commerce and Economic Opportunity, and the Department of
22Revenue and consisting of 8 members of the General Assembly, 2
23of whom are appointed by the Speaker of the House of
24Representatives, 2 of whom are appointed by the President of
25the Senate, 2 of whom are appointed by the Minority Leader of

HB3855 Enrolled- 212 -LRB100 05985 AMC 16014 b
1the House of Representatives, and 2 of whom are appointed by
2the Minority Leader of the Senate.
3 For the purposes of this Section, "qualified veteran" means
4an Illinois resident who: (i) was a member of the Armed Forces
5of the United States, a member of the Illinois National Guard,
6or a member of any reserve component of the Armed Forces of the
7United States; (ii) served on active duty in connection with
8Operation Desert Storm, Operation Enduring Freedom, or
9Operation Iraqi Freedom; and (iii) was honorably discharged.
10 The Department of Central Management Services must report
11to the Governor and to the General Assembly by December 31 of
12each year on the activities undertaken by chief procurement
13officers and the Department of Central Management Services to
14encourage potential contractors to consider hiring qualified
15veterans. The report must include the number of vendors who
16have hired qualified veterans.
17(Source: P.A. 98-1076, eff. 1-1-15; revised 9-9-16.)
18 Section 210. The Grant Accountability and Transparency Act
19is amended by changing Section 75 as follows:
20 (30 ILCS 708/75)
21 (Section scheduled to be repealed on July 16, 2020)
22 Sec. 75. State program exceptions.
23 (a) With the exception of the audit requirements set forth
24in 2 CFR 200.102, exceptions may be allowed for classes of

HB3855 Enrolled- 213 -LRB100 05985 AMC 16014 b
1State or federal pass-through awards or non-federal entities
2subject to the requirements of this Act when such exceptions
3are not prohibited by State or federal law. However, in the
4interest of maximum uniformity, exceptions from the
5requirements of this Act shall be permitted only in unusual or
6exceptional circumstances.
7 (b) The Governor's Office of Management and Budget, with
8the advice and technical assistance of the Illinois Single
9Audit Commission, shall adopt rules governing the criteria that
10shall be used to determine when an exception may be issued. The
11Governor's Office of Management and Budget shall publish any
12allowed exceptions in the Catalog Catalogue of State Financial
13Assistance within 30 days of the exception being allowed.
14(Source: P.A. 98-706, eff. 7-16-14; revised 9-9-16.)
15 Section 215. The State Mandates Act is amended by changing
16Sections 7 and 8.40 as follows:
17 (30 ILCS 805/7) (from Ch. 85, par. 2207)
18 Sec. 7. Review of existing mandates.
19 (a) Beginning with the 2019 catalog and every other year
20thereafter, concurrently with, or within 3 months subsequent to
21the publication of a catalog of State mandates as prescribed in
22subsection (b) of Section 4, the Department shall submit to the
23Governor and the General Assembly a review and report on
24mandates enacted in the previous 2 years and remaining in

HB3855 Enrolled- 214 -LRB100 05985 AMC 16014 b
1effect at the time of submittal of the report. The Department
2may fulfill its responsibilities for compiling the report by
3entering into a contract for service.
4 Beginning with the 2017 catalog and every 10 years
5thereafter, concurrently with, or within 3 months subsequent to
6the publication of a catalog of State mandates as prescribed in
7subsection (b) of Section 4, the Department shall submit to the
8Governor and the General Assembly a review and report on all
9effective mandates at the time of submittal of the reports.
10 (b) The report shall include for each mandate the factual
11information specified in subsection (b) of Section 4 for the
12catalog. The report may also include the following: (1) extent
13to which the enactment of the mandate was requested, supported,
14encouraged or opposed by local governments or their respective
15organization; (2) whether the mandate continues to meet a
16Statewide policy objective or has achieved the initial policy
17intent in whole or in part; (3) amendments if any are required
18to make the mandate more effective; (4) whether the mandate
19should be retained or rescinded; (5) whether State financial
20participation in helping meet the identifiable increased local
21costs arising from the mandate should be initiated, and if so,
22recommended ratios and phasing-in schedules; and (6) any other
23information or recommendations which the Department considers
24pertinent; and (7) any comments about the mandate submitted by
25affected units of government.
26 (c) The appropriate committee of each house of the General

HB3855 Enrolled- 215 -LRB100 05985 AMC 16014 b
1Assembly shall review the report and shall initiate such
2legislation or other action as it deems necessary.
3 The requirement for reporting to the General Assembly shall
4be satisfied by filing copies of the report with the Speaker,
5the Minority Leader and the Clerk of the House of
6Representatives and the President, the Minority Leader, the
7Secretary of the Senate, the members of the committees required
8to review the report under subsection (c) and the Legislative
9Research Unit, as required by Section 3.1 of the General
10Assembly Organization Act "An Act to revise the law in relation
11to the General Assembly", approved February 25, 1874, as
12amended, and filing such additional copies with the State
13Government Report Distribution Center for the General Assembly
14as is required under paragraph (t) of Section 7 of the State
15Library Act.
16(Source: P.A. 99-789, eff. 8-12-16; revised 10-25-16.)
17 (30 ILCS 805/8.40)
18 Sec. 8.40. Exempt mandate.
19 (a) Notwithstanding Sections 6 and 8 of this Act, no
20reimbursement by the State is required for the implementation
21of any mandate created by Public Act 99-683, 99-745, or 99-905
22this amendatory Act of the 99th General Assembly.
23 (b) Notwithstanding Sections 6 and 8 of this Act, no
24reimbursement by the State is required for the implementation
25of any mandate created by Section 40 of the State Police Act

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1and Section 10.19 of the Illinois Police Training Act.
2(Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17;
399-745, eff. 8-5-16; 99-905, eff. 11-29-16; revised 12-7-16.)
4 Section 220. The Illinois Income Tax Act is amended by
5changing Sections 304, 507GG, and 709.5 as follows:
6 (35 ILCS 5/304) (from Ch. 120, par. 3-304)
7 Sec. 304. Business income of persons other than residents.
8 (a) In general. The business income of a person other than
9a resident shall be allocated to this State if such person's
10business income is derived solely from this State. If a person
11other than a resident derives business income from this State
12and one or more other states, then, for tax years ending on or
13before December 30, 1998, and except as otherwise provided by
14this Section, such person's business income shall be
15apportioned to this State by multiplying the income by a
16fraction, the numerator of which is the sum of the property
17factor (if any), the payroll factor (if any) and 200% of the
18sales factor (if any), and the denominator of which is 4
19reduced by the number of factors other than the sales factor
20which have a denominator of zero and by an additional 2 if the
21sales factor has a denominator of zero. For tax years ending on
22or after December 31, 1998, and except as otherwise provided by
23this Section, persons other than residents who derive business
24income from this State and one or more other states shall

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1compute their apportionment factor by weighting their
2property, payroll, and sales factors as provided in subsection
3(h) of this Section.
4 (1) Property factor.
5 (A) The property factor is a fraction, the numerator of
6 which is the average value of the person's real and
7 tangible personal property owned or rented and used in the
8 trade or business in this State during the taxable year and
9 the denominator of which is the average value of all the
10 person's real and tangible personal property owned or
11 rented and used in the trade or business during the taxable
12 year.
13 (B) Property owned by the person is valued at its
14 original cost. Property rented by the person is valued at 8
15 times the net annual rental rate. Net annual rental rate is
16 the annual rental rate paid by the person less any annual
17 rental rate received by the person from sub-rentals.
18 (C) The average value of property shall be determined
19 by averaging the values at the beginning and ending of the
20 taxable year but the Director may require the averaging of
21 monthly values during the taxable year if reasonably
22 required to reflect properly the average value of the
23 person's property.
24 (2) Payroll factor.
25 (A) The payroll factor is a fraction, the numerator of
26 which is the total amount paid in this State during the

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1 taxable year by the person for compensation, and the
2 denominator of which is the total compensation paid
3 everywhere during the taxable year.
4 (B) Compensation is paid in this State if:
5 (i) The individual's service is performed entirely
6 within this State;
7 (ii) The individual's service is performed both
8 within and without this State, but the service
9 performed without this State is incidental to the
10 individual's service performed within this State; or
11 (iii) Some of the service is performed within this
12 State and either the base of operations, or if there is
13 no base of operations, the place from which the service
14 is directed or controlled is within this State, or the
15 base of operations or the place from which the service
16 is directed or controlled is not in any state in which
17 some part of the service is performed, but the
18 individual's residence is in this State.
19 (iv) Compensation paid to nonresident professional
20 athletes.
21 (a) General. The Illinois source income of a
22 nonresident individual who is a member of a
23 professional athletic team includes the portion of the
24 individual's total compensation for services performed
25 as a member of a professional athletic team during the
26 taxable year which the number of duty days spent within

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1 this State performing services for the team in any
2 manner during the taxable year bears to the total
3 number of duty days spent both within and without this
4 State during the taxable year.
5 (b) Travel days. Travel days that do not involve
6 either a game, practice, team meeting, or other similar
7 team event are not considered duty days spent in this
8 State. However, such travel days are considered in the
9 total duty days spent both within and without this
10 State.
11 (c) Definitions. For purposes of this subpart
12 (iv):
13 (1) The term "professional athletic team"
14 includes, but is not limited to, any professional
15 baseball, basketball, football, soccer, or hockey
16 team.
17 (2) The term "member of a professional
18 athletic team" includes those employees who are
19 active players, players on the disabled list, and
20 any other persons required to travel and who travel
21 with and perform services on behalf of a
22 professional athletic team on a regular basis.
23 This includes, but is not limited to, coaches,
24 managers, and trainers.
25 (3) Except as provided in items (C) and (D) of
26 this subpart (3), the term "duty days" means all

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1 days during the taxable year from the beginning of
2 the professional athletic team's official
3 pre-season training period through the last game
4 in which the team competes or is scheduled to
5 compete. Duty days shall be counted for the year in
6 which they occur, including where a team's
7 official pre-season training period through the
8 last game in which the team competes or is
9 scheduled to compete, occurs during more than one
10 tax year.
11 (A) Duty days shall also include days on
12 which a member of a professional athletic team
13 performs service for a team on a date that does
14 not fall within the foregoing period (e.g.,
15 participation in instructional leagues, the
16 "All Star Game", or promotional "caravans").
17 Performing a service for a professional
18 athletic team includes conducting training and
19 rehabilitation activities, when such
20 activities are conducted at team facilities.
21 (B) Also included in duty days are game
22 days, practice days, days spent at team
23 meetings, promotional caravans, preseason
24 training camps, and days served with the team
25 through all post-season games in which the team
26 competes or is scheduled to compete.

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1 (C) Duty days for any person who joins a
2 team during the period from the beginning of
3 the professional athletic team's official
4 pre-season training period through the last
5 game in which the team competes, or is
6 scheduled to compete, shall begin on the day
7 that person joins the team. Conversely, duty
8 days for any person who leaves a team during
9 this period shall end on the day that person
10 leaves the team. Where a person switches teams
11 during a taxable year, a separate duty-day
12 calculation shall be made for the period the
13 person was with each team.
14 (D) Days for which a member of a
15 professional athletic team is not compensated
16 and is not performing services for the team in
17 any manner, including days when such member of
18 a professional athletic team has been
19 suspended without pay and prohibited from
20 performing any services for the team, shall not
21 be treated as duty days.
22 (E) Days for which a member of a
23 professional athletic team is on the disabled
24 list and does not conduct rehabilitation
25 activities at facilities of the team, and is
26 not otherwise performing services for the team

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1 in Illinois, shall not be considered duty days
2 spent in this State. All days on the disabled
3 list, however, are considered to be included in
4 total duty days spent both within and without
5 this State.
6 (4) The term "total compensation for services
7 performed as a member of a professional athletic
8 team" means the total compensation received during
9 the taxable year for services performed:
10 (A) from the beginning of the official
11 pre-season training period through the last
12 game in which the team competes or is scheduled
13 to compete during that taxable year; and
14 (B) during the taxable year on a date which
15 does not fall within the foregoing period
16 (e.g., participation in instructional leagues,
17 the "All Star Game", or promotional caravans).
18 This compensation shall include, but is not
19 limited to, salaries, wages, bonuses as described
20 in this subpart, and any other type of compensation
21 paid during the taxable year to a member of a
22 professional athletic team for services performed
23 in that year. This compensation does not include
24 strike benefits, severance pay, termination pay,
25 contract or option year buy-out payments,
26 expansion or relocation payments, or any other

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1 payments not related to services performed for the
2 team.
3 For purposes of this subparagraph, "bonuses"
4 included in "total compensation for services
5 performed as a member of a professional athletic
6 team" subject to the allocation described in
7 Section 302(c)(1) are: bonuses earned as a result
8 of play (i.e., performance bonuses) during the
9 season, including bonuses paid for championship,
10 playoff or "bowl" games played by a team, or for
11 selection to all-star league or other honorary
12 positions; and bonuses paid for signing a
13 contract, unless the payment of the signing bonus
14 is not conditional upon the signee playing any
15 games for the team or performing any subsequent
16 services for the team or even making the team, the
17 signing bonus is payable separately from the
18 salary and any other compensation, and the signing
19 bonus is nonrefundable.
20 (3) Sales factor.
21 (A) The sales factor is a fraction, the numerator of
22 which is the total sales of the person in this State during
23 the taxable year, and the denominator of which is the total
24 sales of the person everywhere during the taxable year.
25 (B) Sales of tangible personal property are in this
26 State if:

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1 (i) The property is delivered or shipped to a
2 purchaser, other than the United States government,
3 within this State regardless of the f. o. b. point or
4 other conditions of the sale; or
5 (ii) The property is shipped from an office, store,
6 warehouse, factory or other place of storage in this
7 State and either the purchaser is the United States
8 government or the person is not taxable in the state of
9 the purchaser; provided, however, that premises owned
10 or leased by a person who has independently contracted
11 with the seller for the printing of newspapers,
12 periodicals or books shall not be deemed to be an
13 office, store, warehouse, factory or other place of
14 storage for purposes of this Section. Sales of tangible
15 personal property are not in this State if the seller
16 and purchaser would be members of the same unitary
17 business group but for the fact that either the seller
18 or purchaser is a person with 80% or more of total
19 business activity outside of the United States and the
20 property is purchased for resale.
21 (B-1) Patents, copyrights, trademarks, and similar
22 items of intangible personal property.
23 (i) Gross receipts from the licensing, sale, or
24 other disposition of a patent, copyright, trademark,
25 or similar item of intangible personal property, other
26 than gross receipts governed by paragraph (B-7) of this

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1 item (3), are in this State to the extent the item is
2 utilized in this State during the year the gross
3 receipts are included in gross income.
4 (ii) Place of utilization.
5 (I) A patent is utilized in a state to the
6 extent that it is employed in production,
7 fabrication, manufacturing, or other processing in
8 the state or to the extent that a patented product
9 is produced in the state. If a patent is utilized
10 in more than one state, the extent to which it is
11 utilized in any one state shall be a fraction equal
12 to the gross receipts of the licensee or purchaser
13 from sales or leases of items produced,
14 fabricated, manufactured, or processed within that
15 state using the patent and of patented items
16 produced within that state, divided by the total of
17 such gross receipts for all states in which the
18 patent is utilized.
19 (II) A copyright is utilized in a state to the
20 extent that printing or other publication
21 originates in the state. If a copyright is utilized
22 in more than one state, the extent to which it is
23 utilized in any one state shall be a fraction equal
24 to the gross receipts from sales or licenses of
25 materials printed or published in that state
26 divided by the total of such gross receipts for all

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1 states in which the copyright is utilized.
2 (III) Trademarks and other items of intangible
3 personal property governed by this paragraph (B-1)
4 are utilized in the state in which the commercial
5 domicile of the licensee or purchaser is located.
6 (iii) If the state of utilization of an item of
7 property governed by this paragraph (B-1) cannot be
8 determined from the taxpayer's books and records or
9 from the books and records of any person related to the
10 taxpayer within the meaning of Section 267(b) of the
11 Internal Revenue Code, 26 U.S.C. 267, the gross
12 receipts attributable to that item shall be excluded
13 from both the numerator and the denominator of the
14 sales factor.
15 (B-2) Gross receipts from the license, sale, or other
16 disposition of patents, copyrights, trademarks, and
17 similar items of intangible personal property, other than
18 gross receipts governed by paragraph (B-7) of this item
19 (3), may be included in the numerator or denominator of the
20 sales factor only if gross receipts from licenses, sales,
21 or other disposition of such items comprise more than 50%
22 of the taxpayer's total gross receipts included in gross
23 income during the tax year and during each of the 2
24 immediately preceding tax years; provided that, when a
25 taxpayer is a member of a unitary business group, such
26 determination shall be made on the basis of the gross

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1 receipts of the entire unitary business group.
2 (B-5) For taxable years ending on or after December 31,
3 2008, except as provided in subsections (ii) through (vii),
4 receipts from the sale of telecommunications service or
5 mobile telecommunications service are in this State if the
6 customer's service address is in this State.
7 (i) For purposes of this subparagraph (B-5), the
8 following terms have the following meanings:
9 "Ancillary services" means services that are
10 associated with or incidental to the provision of
11 "telecommunications services", including but not
12 limited to "detailed telecommunications billing",
13 "directory assistance", "vertical service", and "voice
14 mail services".
15 "Air-to-Ground Radiotelephone service" means a
16 radio service, as that term is defined in 47 CFR 22.99,
17 in which common carriers are authorized to offer and
18 provide radio telecommunications service for hire to
19 subscribers in aircraft.
20 "Call-by-call Basis" means any method of charging
21 for telecommunications services where the price is
22 measured by individual calls.
23 "Communications Channel" means a physical or
24 virtual path of communications over which signals are
25 transmitted between or among customer channel
26 termination points.

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1 "Conference bridging service" means an "ancillary
2 service" that links two or more participants of an
3 audio or video conference call and may include the
4 provision of a telephone number. "Conference bridging
5 service" does not include the "telecommunications
6 services" used to reach the conference bridge.
7 "Customer Channel Termination Point" means the
8 location where the customer either inputs or receives
9 the communications.
10 "Detailed telecommunications billing service"
11 means an "ancillary service" of separately stating
12 information pertaining to individual calls on a
13 customer's billing statement.
14 "Directory assistance" means an "ancillary
15 service" of providing telephone number information,
16 and/or address information.
17 "Home service provider" means the facilities based
18 carrier or reseller with which the customer contracts
19 for the provision of mobile telecommunications
20 services.
21 "Mobile telecommunications service" means
22 commercial mobile radio service, as defined in Section
23 20.3 of Title 47 of the Code of Federal Regulations as
24 in effect on June 1, 1999.
25 "Place of primary use" means the street address
26 representative of where the customer's use of the

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1 telecommunications service primarily occurs, which
2 must be the residential street address or the primary
3 business street address of the customer. In the case of
4 mobile telecommunications services, "place of primary
5 use" must be within the licensed service area of the
6 home service provider.
7 "Post-paid telecommunication service" means the
8 telecommunications service obtained by making a
9 payment on a call-by-call basis either through the use
10 of a credit card or payment mechanism such as a bank
11 card, travel card, credit card, or debit card, or by
12 charge made to a telephone number which is not
13 associated with the origination or termination of the
14 telecommunications service. A post-paid calling
15 service includes telecommunications service, except a
16 prepaid wireless calling service, that would be a
17 prepaid calling service except it is not exclusively a
18 telecommunication service.
19 "Prepaid telecommunication service" means the
20 right to access exclusively telecommunications
21 services, which must be paid for in advance and which
22 enables the origination of calls using an access number
23 or authorization code, whether manually or
24 electronically dialed, and that is sold in
25 predetermined units or dollars of which the number
26 declines with use in a known amount.

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1 "Prepaid Mobile telecommunication service" means a
2 telecommunications service that provides the right to
3 utilize mobile wireless service as well as other
4 non-telecommunication services, including but not