Bill Text: IL SB2435 | 2021-2022 | 102nd General Assembly | Enrolled


Bill Title: Creates the First 2021 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) 2021-06-25 - Sent to the Governor [SB2435 Detail]

Download: Illinois-2021-SB2435-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 2021 General
7Revisory Act.
8 (b) This Act is not intended to make any substantive
9change in the law. It reconciles conflicts that have arisen
10from multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

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1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4 (d) Public Acts 100-1178 through 101-651 were considered
5in the preparation of the combining revisories included in
6this Act. Many of those combining revisories contain no
7striking or underscoring because no additional changes are
8being made in the material that is being combined.
9 Section 5. The Regulatory Sunset Act is amended by
10changing Sections 4.30 and 4.40 as follows:
11 (5 ILCS 80/4.30)
12 Sec. 4.30. Act Acts repealed on January 1, 2020. The
13following Act is Acts are repealed on January 1, 2020:
14 The Illinois Landscape Architecture Act of 1989.
15(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
16100-863, eff. 8-14-18; 101-269, eff. 8-9-19; 101-310, eff.
178-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313,
18eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19;
19101-357, eff. 8-9-19; 101-614, eff. 12-20-19; 101-621, eff.
2012-20-19; revised 1-6-20.)
21 (5 ILCS 80/4.40)
22 Sec. 4.40. Acts Act repealed on January 1, 2030. The
23following Acts are Act is repealed on January 1, 2030:

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1 The Auction License Act.
2 The Illinois Architecture Practice Act of 1989.
3 The Illinois Professional Land Surveyor Act of 1989.
4 The Orthotics, Prosthetics, and Pedorthics Practice Act.
5 The Perfusionist Practice Act.
6 The Professional Engineering Practice Act of 1989.
7 The Real Estate License Act of 2000.
8 The Structural Engineering Practice Act of 1989.
9(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
10101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
118-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
12eff. 8-9-19; revised 9-27-19.)
13 Section 10. The Illinois Administrative Procedure Act is
14amended by setting forth, renumbering, and changing multiple
15versions of Sections 5-45.1 and 5-45.2 as follows:
16 (5 ILCS 100/5-45.1)
17 (Section scheduled to be repealed on January 1, 2026)
18 Sec. 5-45.1. Emergency rulemaking. To provide for the
19expeditious and timely implementation of changes made to
20Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code by
21Public Act 101-650 this amendatory Act of the 101st General
22Assembly, emergency rules may be adopted in accordance with
23Section 5-45 by the respective Department. The 24-month
24limitation on the adoption of emergency rules does not apply

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1to rules adopted under this Section. The adoption of emergency
2rules authorized by Section 5-45 and this Section is deemed to
3be necessary for the public interest, safety, and welfare.
4 This Section is repealed on January 1, 2026.
5(Source: P.A. 101-650, eff. 7-7-20; revised 8-3-20.)
6 (5 ILCS 100/5-45.2)
7 (Section scheduled to be repealed on January 1, 2026)
8 Sec. 5-45.2. Emergency rulemaking; Grants to local tourism
9and convention bureaus. To provide for the expeditious and
10timely implementation of the changes made to Section 605-705
11of the Department of Commerce and Economic Opportunity Law of
12the Civil Administrative Code of Illinois by Public Act
13101-636 this amendatory Act of the 101st General Assembly,
14emergency rules implementing the changes made to Section
15605-705 of the Department of Commerce and Economic Opportunity
16Law of the Civil Administrative Code of Illinois by Public Act
17101-636 this amendatory Act of the 101st General Assembly may
18be adopted in accordance with Section 5-45 by the Department
19of Commerce and Economic Opportunity. The adoption of
20emergency rules authorized by Section 5-45 and this Section is
21deemed to be necessary for the public interest, safety, and
22welfare.
23 This Section is repealed on January 1, 2026.
24(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)

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1 (5 ILCS 100/5-45.4)
2 (Section scheduled to be repealed on January 1, 2026)
3 Sec. 5-45.4 5-45.1. Emergency rulemaking; Local
4Coronavirus Urgent Remediation Emergency (or Local CURE)
5Support Program. To provide for the expeditious and timely
6implementation of the Local Coronavirus Urgent Remediation
7Emergency (or Local CURE) Support Program, emergency rules
8implementing the Local Coronavirus Urgent Remediation
9Emergency (or Local CURE) Support Program may be adopted in
10accordance with Section 5-45 by the Department of Commerce and
11Economic Opportunity. The adoption of emergency rules
12authorized by Section 5-45 and this Section is deemed to be
13necessary for the public interest, safety, and welfare.
14 This Section is repealed on January 1, 2026.
15(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
16 (5 ILCS 100/5-45.5)
17 Sec. 5-45.5 5-45.1. (Repealed).
18(Source: P.A. 101-640, eff. 6-12-20; revised 8-3-20. Repealed
19internally, eff. 1-1-21.)
20 (5 ILCS 100/5-45.6)
21 Sec. 5-45.6 5-45.1. (Repealed).
22(Source: P.A. 101-642, eff. 6-16-20; revised 8-3-20. Repealed
23internally, eff. 1-1-21.)

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1 (5 ILCS 100/5-45.7)
2 Sec. 5-45.7 5-45.2. (Repealed).
3(Source: P.A. 101-640, eff. 6-12-20; revised 8-3-20. Repealed
4internally, eff. 1-1-21.)
5 Section 15. The Open Meetings Act is amended by changing
6Sections 1.05 and 2 as follows:
7 (5 ILCS 120/1.05)
8 Sec. 1.05. Training.
9 (a) Every public body shall designate employees, officers,
10or members to receive training on compliance with this Act.
11Each public body shall submit a list of designated employees,
12officers, or members to the Public Access Counselor. Within 6
13months after January 1, 2010 (the effective date of Public Act
1496-542) this amendatory Act of the 96th General Assembly, the
15designated employees, officers, and members must successfully
16complete an electronic training curriculum, developed and
17administered by the Public Access Counselor, and thereafter
18must successfully complete an annual training program.
19Thereafter, whenever a public body designates an additional
20employee, officer, or member to receive this training, that
21person must successfully complete the electronic training
22curriculum within 30 days after that designation.
23 (b) Except as otherwise provided in this Section, each
24elected or appointed member of a public body subject to this

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

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1 Completing the required training as a member of the public
2body satisfies the requirements of this Section with regard to
3the member's service on a committee or subcommittee of the
4public body and the member's ex officio service on any other
5public body.
6 The failure of one or more members of a public body to
7complete the training required by this Section does not affect
8the validity of an action taken by the public body.
9 An elected or appointed member of a public body subject to
10this Act who has successfully completed the training required
11under this subsection (b) and filed a copy of the certificate
12of completion with the public body is not required to
13subsequently complete the training required under this
14subsection (b).
15 (c) An elected school board member may satisfy the
16training requirements of this Section by participating in a
17course of training sponsored or conducted by an organization
18created under Article 23 of the School Code. The course of
19training shall include, but not be limited to, instruction in:
20 (1) the general background of the legal requirements
21 for open meetings;
22 (2) the applicability of this Act to public bodies;
23 (3) procedures and requirements regarding quorums,
24 notice, and record-keeping under this Act;
25 (4) procedures and requirements for holding an open
26 meeting and for holding a closed meeting under this Act;

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

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

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

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

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1instruction in:
2 (1) the general background of the legal requirements
3 for open meetings;
4 (2) the applicability of this Act to public bodies;
5 (3) procedures and requirements regarding quorums,
6 notice, and record-keeping under this Act;
7 (4) procedures and requirements for holding an open
8 meeting and for holding a closed meeting under this Act;
9 and
10 (5) penalties and other consequences for failing to
11 comply with this Act.
12 If an organization that represents municipalities as
13designated in Section 1-8-1 of the Illinois Municipal Code
14provides a course of training under this subsection (h) (g),
15it must provide a certificate of course completion to each
16elected or appointed member of a public body who successfully
17completes that course of training.
18(Source: P.A. 100-1127, eff. 11-27-18; 101-233, eff. 1-1-20;
19revised 9-27-19.)
20 (5 ILCS 120/2) (from Ch. 102, par. 42)
21 Sec. 2. Open meetings.
22 (a) Openness required. All meetings of public bodies shall
23be open to the public unless excepted in subsection (c) and
24closed in accordance with Section 2a.
25 (b) Construction of exceptions. The exceptions contained

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1in subsection (c) are in derogation of the requirement that
2public bodies meet in the open, and therefore, the exceptions
3are to be strictly construed, extending only to subjects
4clearly within their scope. The exceptions authorize but do
5not require the holding of a closed meeting to discuss a
6subject included within an enumerated exception.
7 (c) Exceptions. A public body may hold closed meetings to
8consider the following subjects:
9 (1) The appointment, employment, compensation,
10 discipline, performance, or dismissal of specific
11 employees, specific individuals who serve as independent
12 contractors in a park, recreational, or educational
13 setting, or specific volunteers of the public body or
14 legal counsel for the public body, including hearing
15 testimony on a complaint lodged against an employee, a
16 specific individual who serves as an independent
17 contractor in a park, recreational, or educational
18 setting, or a volunteer of the public body or against
19 legal counsel for the public body to determine its
20 validity. However, a meeting to consider an increase in
21 compensation to a specific employee of a public body that
22 is subject to the Local Government Wage Increase
23 Transparency Act may not be closed and shall be open to the
24 public and posted and held in accordance with this Act.
25 (2) Collective negotiating matters between the public
26 body and its employees or their representatives, or

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1 deliberations concerning salary schedules for one or more
2 classes of employees.
3 (3) The selection of a person to fill a public office,
4 as defined in this Act, including a vacancy in a public
5 office, when the public body is given power to appoint
6 under law or ordinance, or the discipline, performance or
7 removal of the occupant of a public office, when the
8 public body is given power to remove the occupant under
9 law or ordinance.
10 (4) Evidence or testimony presented in open hearing,
11 or in closed hearing where specifically authorized by law,
12 to a quasi-adjudicative body, as defined in this Act,
13 provided that the body prepares and makes available for
14 public inspection a written decision setting forth its
15 determinative reasoning.
16 (5) The purchase or lease of real property for the use
17 of the public body, including meetings held for the
18 purpose of discussing whether a particular parcel should
19 be acquired.
20 (6) The setting of a price for sale or lease of
21 property owned by the public body.
22 (7) The sale or purchase of securities, investments,
23 or investment contracts. This exception shall not apply to
24 the investment of assets or income of funds deposited into
25 the Illinois Prepaid Tuition Trust Fund.
26 (8) Security procedures, school building safety and

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1 security, and the use of personnel and equipment to
2 respond to an actual, a threatened, or a reasonably
3 potential danger to the safety of employees, students,
4 staff, the public, or public property.
5 (9) Student disciplinary cases.
6 (10) The placement of individual students in special
7 education programs and other matters relating to
8 individual students.
9 (11) Litigation, when an action against, affecting or
10 on behalf of the particular public body has been filed and
11 is pending before a court or administrative tribunal, or
12 when the public body finds that an action is probable or
13 imminent, in which case the basis for the finding shall be
14 recorded and entered into the minutes of the closed
15 meeting.
16 (12) The establishment of reserves or settlement of
17 claims as provided in the Local Governmental and
18 Governmental Employees Tort Immunity Act, if otherwise the
19 disposition of a claim or potential claim might be
20 prejudiced, or the review or discussion of claims, loss or
21 risk management information, records, data, advice or
22 communications from or with respect to any insurer of the
23 public body or any intergovernmental risk management
24 association or self insurance pool of which the public
25 body is a member.
26 (13) Conciliation of complaints of discrimination in

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1 the sale or rental of housing, when closed meetings are
2 authorized by the law or ordinance prescribing fair
3 housing practices and creating a commission or
4 administrative agency for their enforcement.
5 (14) Informant sources, the hiring or assignment of
6 undercover personnel or equipment, or ongoing, prior or
7 future criminal investigations, when discussed by a public
8 body with criminal investigatory responsibilities.
9 (15) Professional ethics or performance when
10 considered by an advisory body appointed to advise a
11 licensing or regulatory agency on matters germane to the
12 advisory body's field of competence.
13 (16) Self evaluation, practices and procedures or
14 professional ethics, when meeting with a representative of
15 a statewide association of which the public body is a
16 member.
17 (17) The recruitment, credentialing, discipline or
18 formal peer review of physicians or other health care
19 professionals, or for the discussion of matters protected
20 under the federal Patient Safety and Quality Improvement
21 Act of 2005, and the regulations promulgated thereunder,
22 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
23 Health Insurance Portability and Accountability Act of
24 1996, and the regulations promulgated thereunder,
25 including 45 C.F.R. Parts 160, 162, and 164, by a
26 hospital, or other institution providing medical care,

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1 that is operated by the public body.
2 (18) Deliberations for decisions of the Prisoner
3 Review Board.
4 (19) Review or discussion of applications received
5 under the Experimental Organ Transplantation Procedures
6 Act.
7 (20) The classification and discussion of matters
8 classified as confidential or continued confidential by
9 the State Government Suggestion Award Board.
10 (21) Discussion of minutes of meetings lawfully closed
11 under this Act, whether for purposes of approval by the
12 body of the minutes or semi-annual review of the minutes
13 as mandated by Section 2.06.
14 (22) Deliberations for decisions of the State
15 Emergency Medical Services Disciplinary Review Board.
16 (23) The operation by a municipality of a municipal
17 utility or the operation of a municipal power agency or
18 municipal natural gas agency when the discussion involves
19 (i) contracts relating to the purchase, sale, or delivery
20 of electricity or natural gas or (ii) the results or
21 conclusions of load forecast studies.
22 (24) Meetings of a residential health care facility
23 resident sexual assault and death review team or the
24 Executive Council under the Abuse Prevention Review Team
25 Act.
26 (25) Meetings of an independent team of experts under

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1 Brian's Law.
2 (26) Meetings of a mortality review team appointed
3 under the Department of Juvenile Justice Mortality Review
4 Team Act.
5 (27) (Blank).
6 (28) 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 (29) Meetings between internal or external auditors
11 and governmental audit committees, finance committees, and
12 their equivalents, when the discussion involves internal
13 control weaknesses, identification of potential fraud risk
14 areas, known or suspected frauds, and fraud interviews
15 conducted in accordance with generally accepted auditing
16 standards of the United States of America.
17 (30) Those meetings or portions of meetings of a
18 fatality review team or the Illinois Fatality Review Team
19 Advisory Council during which a review of the death of an
20 eligible adult in which abuse or neglect is suspected,
21 alleged, or substantiated is conducted pursuant to Section
22 15 of the Adult Protective Services Act.
23 (31) Meetings and deliberations for decisions of the
24 Concealed Carry Licensing Review Board under the Firearm
25 Concealed Carry Act.
26 (32) Meetings between the Regional Transportation

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1 Authority Board and its Service Boards when the discussion
2 involves review by the Regional Transportation Authority
3 Board of employment contracts under Section 28d of the
4 Metropolitan Transit Authority Act and Sections 3A.18 and
5 3B.26 of the Regional Transportation Authority Act.
6 (33) Those meetings or portions of meetings of the
7 advisory committee and peer review subcommittee created
8 under Section 320 of the Illinois Controlled Substances
9 Act during which specific controlled substance prescriber,
10 dispenser, or patient information is discussed.
11 (34) Meetings of the Tax Increment Financing Reform
12 Task Force under Section 2505-800 of the Department of
13 Revenue Law of the Civil Administrative Code of Illinois.
14 (35) Meetings of the group established to discuss
15 Medicaid capitation rates under Section 5-30.8 of the
16 Illinois Public Aid Code.
17 (36) Those deliberations or portions of deliberations
18 for decisions of the Illinois Gaming Board in which there
19 is discussed any of the following: (i) personal,
20 commercial, financial, or other information obtained from
21 any source that is privileged, proprietary, confidential,
22 or a trade secret; or (ii) information specifically
23 exempted from the disclosure by federal or State law.
24 (d) Definitions. For purposes of this Section:
25 "Employee" means a person employed by a public body whose
26relationship with the public body constitutes an

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1employer-employee relationship under the usual common law
2rules, and who is not an independent contractor.
3 "Public office" means a position created by or under the
4Constitution or laws of this State, the occupant of which is
5charged with the exercise of some portion of the sovereign
6power of this State. The term "public office" shall include
7members of the public body, but it shall not include
8organizational positions filled by members thereof, whether
9established by law or by a public body itself, that exist to
10assist the body in the conduct of its business.
11 "Quasi-adjudicative body" means an administrative body
12charged by law or ordinance with the responsibility to conduct
13hearings, receive evidence or testimony and make
14determinations based thereon, but does not include local
15electoral boards when such bodies are considering petition
16challenges.
17 (e) Final action. No final action may be taken at a closed
18meeting. Final action shall be preceded by a public recital of
19the nature of the matter being considered and other
20information that will inform the public of the business being
21conducted.
22(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
23100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
248-23-19; revised 9-27-19.)
25 Section 20. The Freedom of Information Act is amended by

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1changing Section 7 as follows:
2 (5 ILCS 140/7) (from Ch. 116, par. 207)
3 Sec. 7. Exemptions.
4 (1) When a request is made to inspect or copy a public
5record that contains information that is exempt from
6disclosure under this Section, but also contains information
7that is not exempt from disclosure, the public body may elect
8to redact the information that is exempt. The public body
9shall make the remaining information available for inspection
10and copying. Subject to this requirement, the following shall
11be exempt from inspection and copying:
12 (a) Information specifically prohibited from
13 disclosure by federal or State law or rules and
14 regulations implementing federal or State law.
15 (b) Private information, unless disclosure is required
16 by another provision of this Act, a State or federal law or
17 a court order.
18 (b-5) Files, documents, and other data or databases
19 maintained by one or more law enforcement agencies and
20 specifically designed to provide information to one or
21 more law enforcement agencies regarding the physical or
22 mental status of one or more individual subjects.
23 (c) Personal information contained within public
24 records, the disclosure of which would constitute a
25 clearly unwarranted invasion of personal privacy, unless

SB2435 Enrolled- 23 -LRB102 04062 AMC 14078 b
1 the disclosure is consented to in writing by the
2 individual subjects of the information. "Unwarranted
3 invasion of personal privacy" means the disclosure of
4 information that is highly personal or objectionable to a
5 reasonable person and in which the subject's right to
6 privacy outweighs any legitimate public interest in
7 obtaining the information. The disclosure of information
8 that bears on the public duties of public employees and
9 officials shall not be considered an invasion of personal
10 privacy.
11 (d) Records in the possession of any public body
12 created in the course of administrative enforcement
13 proceedings, and any law enforcement or correctional
14 agency for law enforcement purposes, but only to the
15 extent that disclosure would:
16 (i) interfere with pending or actually and
17 reasonably contemplated law enforcement proceedings
18 conducted by any law enforcement or correctional
19 agency that is the recipient of the request;
20 (ii) interfere with active administrative
21 enforcement proceedings conducted by the public body
22 that is the recipient of the request;
23 (iii) create a substantial likelihood that a
24 person will be deprived of a fair trial or an impartial
25 hearing;
26 (iv) unavoidably disclose the identity of a

SB2435 Enrolled- 24 -LRB102 04062 AMC 14078 b
1 confidential source, confidential information
2 furnished only by the confidential source, or persons
3 who file complaints with or provide information to
4 administrative, investigative, law enforcement, or
5 penal agencies; except that the identities of
6 witnesses to traffic accidents, traffic accident
7 reports, and rescue reports shall be provided by
8 agencies of local government, except when disclosure
9 would interfere with an active criminal investigation
10 conducted by the agency that is the recipient of the
11 request;
12 (v) disclose unique or specialized investigative
13 techniques other than those generally used and known
14 or disclose internal documents of correctional
15 agencies related to detection, observation or
16 investigation of incidents of crime or misconduct, and
17 disclosure would result in demonstrable harm to the
18 agency or public body that is the recipient of the
19 request;
20 (vi) endanger the life or physical safety of law
21 enforcement personnel or any other person; or
22 (vii) obstruct an ongoing criminal investigation
23 by the agency that is the recipient of the request.
24 (d-5) A law enforcement record created for law
25 enforcement purposes and contained in a shared electronic
26 record management system if the law enforcement agency

SB2435 Enrolled- 25 -LRB102 04062 AMC 14078 b
1 that is the recipient of the request did not create the
2 record, did not participate in or have a role in any of the
3 events which are the subject of the record, and only has
4 access to the record through the shared electronic record
5 management system.
6 (e) Records that relate to or affect the security of
7 correctional institutions and detention facilities.
8 (e-5) Records requested by persons committed to the
9 Department of Corrections, Department of Human Services
10 Division of Mental Health, or a county jail if those
11 materials are available in the library of the correctional
12 institution or facility or jail where the inmate is
13 confined.
14 (e-6) Records requested by persons committed to the
15 Department of Corrections, Department of Human Services
16 Division of Mental Health, or a county jail if those
17 materials include records from staff members' personnel
18 files, staff rosters, or other staffing assignment
19 information.
20 (e-7) Records requested by persons committed to the
21 Department of Corrections or Department of Human Services
22 Division of Mental Health if those materials are available
23 through an administrative request to the Department of
24 Corrections or Department of Human Services Division of
25 Mental Health.
26 (e-8) Records requested by a person committed to the

SB2435 Enrolled- 26 -LRB102 04062 AMC 14078 b
1 Department of Corrections, Department of Human Services
2 Division of Mental Health, or a county jail, the
3 disclosure of which would result in the risk of harm to any
4 person or the risk of an escape from a jail or correctional
5 institution or facility.
6 (e-9) Records requested by a person in a county jail
7 or committed to the Department of Corrections or
8 Department of Human Services Division of Mental Health,
9 containing personal information pertaining to the person's
10 victim or the victim's family, including, but not limited
11 to, a victim's home address, home telephone number, work
12 or school address, work telephone number, social security
13 number, or any other identifying information, except as
14 may be relevant to a requester's current or potential case
15 or claim.
16 (e-10) Law enforcement records of other persons
17 requested by a person committed to the Department of
18 Corrections, Department of Human Services Division of
19 Mental Health, or a county jail, including, but not
20 limited to, arrest and booking records, mug shots, and
21 crime scene photographs, except as these records may be
22 relevant to the requester's current or potential case or
23 claim.
24 (f) Preliminary drafts, notes, recommendations,
25 memoranda and other records in which opinions are
26 expressed, or policies or actions are formulated, except

SB2435 Enrolled- 27 -LRB102 04062 AMC 14078 b
1 that a specific record or relevant portion of a record
2 shall not be exempt when the record is publicly cited and
3 identified by the head of the public body. The exemption
4 provided in this paragraph (f) extends to all those
5 records of officers and agencies of the General Assembly
6 that pertain to the preparation of legislative documents.
7 (g) Trade secrets and commercial or financial
8 information obtained from a person or business where the
9 trade secrets or commercial or financial information are
10 furnished under a claim that they are proprietary,
11 privileged, or confidential, and that disclosure of the
12 trade secrets or commercial or financial information would
13 cause competitive harm to the person or business, and only
14 insofar as the claim directly applies to the records
15 requested.
16 The information included under this exemption includes
17 all trade secrets and commercial or financial information
18 obtained by a public body, including a public pension
19 fund, from a private equity fund or a privately held
20 company within the investment portfolio of a private
21 equity fund as a result of either investing or evaluating
22 a potential investment of public funds in a private equity
23 fund. The exemption contained in this item does not apply
24 to the aggregate financial performance information of a
25 private equity fund, nor to the identity of the fund's
26 managers or general partners. The exemption contained in

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1 this item does not apply to the identity of a privately
2 held company within the investment portfolio of a private
3 equity fund, unless the disclosure of the identity of a
4 privately held company may cause competitive harm.
5 Nothing contained in this paragraph (g) shall be
6 construed to prevent a person or business from consenting
7 to disclosure.
8 (h) Proposals and bids for any contract, grant, or
9 agreement, including information which if it were
10 disclosed would frustrate procurement or give an advantage
11 to any person proposing to enter into a contractor
12 agreement with the body, until an award or final selection
13 is made. Information prepared by or for the body in
14 preparation of a bid solicitation shall be exempt until an
15 award or final selection is made.
16 (i) Valuable formulae, computer geographic systems,
17 designs, drawings and research data obtained or produced
18 by any public body when disclosure could reasonably be
19 expected to produce private gain or public loss. The
20 exemption for "computer geographic systems" provided in
21 this paragraph (i) does not extend to requests made by
22 news media as defined in Section 2 of this Act when the
23 requested information is not otherwise exempt and the only
24 purpose of the request is to access and disseminate
25 information regarding the health, safety, welfare, or
26 legal rights of the general public.

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

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

SB2435 Enrolled- 31 -LRB102 04062 AMC 14078 b
1 materials exempt under this Section.
2 (p) Records relating to collective negotiating matters
3 between public bodies and their employees or
4 representatives, except that any final contract or
5 agreement shall be subject to inspection and copying.
6 (q) Test questions, scoring keys, and other
7 examination data used to determine the qualifications of
8 an applicant for a license or employment.
9 (r) The records, documents, and information relating
10 to real estate purchase negotiations until those
11 negotiations have been completed or otherwise terminated.
12 With regard to a parcel involved in a pending or actually
13 and reasonably contemplated eminent domain proceeding
14 under the Eminent Domain Act, records, documents, and
15 information relating to that parcel shall be exempt except
16 as may be allowed under discovery rules adopted by the
17 Illinois Supreme Court. The records, documents, and
18 information relating to a real estate sale shall be exempt
19 until a sale is consummated.
20 (s) Any and all proprietary information and records
21 related to the operation of an intergovernmental risk
22 management association or self-insurance pool or jointly
23 self-administered health and accident cooperative or pool.
24 Insurance or self insurance (including any
25 intergovernmental risk management association or self
26 insurance pool) claims, loss or risk management

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

SB2435 Enrolled- 33 -LRB102 04062 AMC 14078 b
1 protocols, or to tactical operations.
2 (w) (Blank).
3 (x) Maps and other records regarding the location or
4 security of generation, transmission, distribution,
5 storage, gathering, treatment, or switching facilities
6 owned by a utility, by a power generator, or by the
7 Illinois Power Agency.
8 (y) Information contained in or related to proposals,
9 bids, or negotiations related to electric power
10 procurement under Section 1-75 of the Illinois Power
11 Agency Act and Section 16-111.5 of the Public Utilities
12 Act that is determined to be confidential and proprietary
13 by the Illinois Power Agency or by the Illinois Commerce
14 Commission.
15 (z) Information about students exempted from
16 disclosure under Sections 10-20.38 or 34-18.29 of the
17 School Code, and information about undergraduate students
18 enrolled at an institution of higher education exempted
19 from disclosure under Section 25 of the Illinois Credit
20 Card Marketing Act of 2009.
21 (aa) Information the disclosure of which is exempted
22 under the Viatical Settlements Act of 2009.
23 (bb) Records and information provided to a mortality
24 review team and records maintained by a mortality review
25 team appointed under the Department of Juvenile Justice
26 Mortality Review Team Act.

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

SB2435 Enrolled- 35 -LRB102 04062 AMC 14078 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
5 the 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
11 to 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 (kk) The public body's credit card numbers, debit card
16 numbers, bank account numbers, Federal Employer
17 Identification Number, security code numbers, passwords,
18 and similar account information, the disclosure of which
19 could result in identity theft or impression or defrauding
20 of a governmental entity or a person.
21 (ll) (kk) Records concerning the work of the threat
22 assessment team of a school district.
23 (1.5) Any information exempt from disclosure under the
24Judicial Privacy Act shall be redacted from public records
25prior to disclosure under this Act.
26 (2) A public record that is not in the possession of a

SB2435 Enrolled- 36 -LRB102 04062 AMC 14078 b
1public body but is in the possession of a party with whom the
2agency has contracted to perform a governmental function on
3behalf of the public body, and that directly relates to the
4governmental function and is not otherwise exempt under this
5Act, shall be considered a public record of the public body,
6for purposes of this Act.
7 (3) This Section does not authorize withholding of
8information or limit the availability of records to the
9public, except as stated in this Section or otherwise provided
10in this Act.
11(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
12100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
131-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
14 Section 25. The State Records Act is amended by changing
15Section 3 as follows:
16 (5 ILCS 160/3) (from Ch. 116, par. 43.6)
17 Sec. 3. Records as property of State.
18 (a) All records created or received by or under the
19authority of or coming into the custody, control, or
20possession of public officials of this State in the course of
21their public duties are the property of the State. These
22records may not be mutilated, destroyed, transferred, removed,
23or otherwise damaged or disposed of, in whole or in part,
24except as provided by law. Any person shall have the right of

SB2435 Enrolled- 37 -LRB102 04062 AMC 14078 b
1access to any public records, unless access to the records is
2otherwise limited or prohibited by law. This subsection (a)
3does not apply to records that are subject to expungement
4under subsection subsections (1.5) and (1.6) of Section 5-915
5of the Juvenile Court Act of 1987.
6 (b) Reports and records of the obligation, receipt and use
7of public funds of the State are public records available for
8inspection by the public, except as access to such records is
9otherwise limited or prohibited by law or pursuant to law.
10These records shall be kept at the official place of business
11of the State or at a designated place of business of the State.
12These records shall be available for public inspection during
13regular office hours except when in immediate use by persons
14exercising official duties which require the use of those
15records. Nothing in this section shall require the State to
16invade or assist in the invasion of any person's right to
17privacy. Nothing in this Section shall be construed to limit
18any right given by statute or rule of law with respect to the
19inspection of other types of records.
20 Warrants and vouchers in the keeping of the State
21Comptroller may be destroyed by him as authorized in the
22Comptroller's Records Act "An Act in relation to the
23reproduction and destruction of records kept by the
24Comptroller", approved August 1, 1949, as now or hereafter
25amended after obtaining the approval of the State Records
26Commission.

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1(Source: P.A. 98-637, eff. 1-1-15; revised 7-17-19.)
2 Section 30. The State Employees Group Insurance Act of
31971 is amended by changing Section 3 as follows:
4 (5 ILCS 375/3) (from Ch. 127, par. 523)
5 Sec. 3. Definitions. Unless the context otherwise
6requires, the following words and phrases as used in this Act
7shall have the following meanings. The Department may define
8these and other words and phrases separately for the purpose
9of implementing specific programs providing benefits under
10this Act.
11 (a) "Administrative service organization" means any
12person, firm or corporation experienced in the handling of
13claims which is fully qualified, financially sound and capable
14of meeting the service requirements of a contract of
15administration executed with the Department.
16 (b) "Annuitant" means (1) an employee who retires, or has
17retired, on or after January 1, 1966 on an immediate annuity
18under the provisions of Articles 2, 14 (including an employee
19who has elected to receive an alternative retirement
20cancellation payment under Section 14-108.5 of the Illinois
21Pension Code in lieu of an annuity or who meets the criteria
22for retirement, but in lieu of receiving an annuity under that
23Article has elected to receive an accelerated pension benefit
24payment under Section 14-147.5 of that Article), 15 (including

SB2435 Enrolled- 39 -LRB102 04062 AMC 14078 b
1an employee who has retired under the optional retirement
2program established under Section 15-158.2 or who meets the
3criteria for retirement but in lieu of receiving an annuity
4under that Article has elected to receive an accelerated
5pension benefit payment under Section 15-185.5 of the
6Article), paragraphs (2), (3), or (5) of Section 16-106
7(including an employee who meets the criteria for retirement,
8but in lieu of receiving an annuity under that Article has
9elected to receive an accelerated pension benefit payment
10under Section 16-190.5 of the Illinois Pension Code), or
11Article 18 of the Illinois Pension Code; (2) any person who was
12receiving group insurance coverage under this Act as of March
1331, 1978 by reason of his status as an annuitant, even though
14the annuity in relation to which such coverage was provided is
15a proportional annuity based on less than the minimum period
16of service required for a retirement annuity in the system
17involved; (3) any person not otherwise covered by this Act who
18has retired as a participating member under Article 2 of the
19Illinois Pension Code but is ineligible for the retirement
20annuity under Section 2-119 of the Illinois Pension Code; (4)
21the spouse of any person who is receiving a retirement annuity
22under Article 18 of the Illinois Pension Code and who is
23covered under a group health insurance program sponsored by a
24governmental employer other than the State of Illinois and who
25has irrevocably elected to waive his or her coverage under
26this Act and to have his or her spouse considered as the

SB2435 Enrolled- 40 -LRB102 04062 AMC 14078 b
1"annuitant" under this Act and not as a "dependent"; or (5) an
2employee who retires, or has retired, from a qualified
3position, as determined according to rules promulgated by the
4Director, under a qualified local government, a qualified
5rehabilitation facility, a qualified domestic violence shelter
6or service, or a qualified child advocacy center. (For
7definition of "retired employee", see (p) post).
8 (b-5) (Blank).
9 (b-6) (Blank).
10 (b-7) (Blank).
11 (c) "Carrier" means (1) an insurance company, a
12corporation organized under the Limited Health Service
13Organization Act or the Voluntary Health Services Plans Plan
14Act, a partnership, or other nongovernmental organization,
15which is authorized to do group life or group health insurance
16business in Illinois, or (2) the State of Illinois as a
17self-insurer.
18 (d) "Compensation" means salary or wages payable on a
19regular payroll by the State Treasurer on a warrant of the
20State Comptroller out of any State, trust or federal fund, or
21by the Governor of the State through a disbursing officer of
22the State out of a trust or out of federal funds, or by any
23Department out of State, trust, federal or other funds held by
24the State Treasurer or the Department, to any person for
25personal services currently performed, and ordinary or
26accidental disability benefits under Articles 2, 14, 15

SB2435 Enrolled- 41 -LRB102 04062 AMC 14078 b
1(including ordinary or accidental disability benefits under
2the optional retirement program established under Section
315-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
4Article 18 of the Illinois Pension Code, for disability
5incurred after January 1, 1966, or benefits payable under the
6Workers' Compensation or Occupational Diseases Act or benefits
7payable under a sick pay plan established in accordance with
8Section 36 of the State Finance Act. "Compensation" also means
9salary or wages paid to an employee of any qualified local
10government, qualified rehabilitation facility, qualified
11domestic violence shelter or service, or qualified child
12advocacy center.
13 (e) "Commission" means the State Employees Group Insurance
14Advisory Commission authorized by this Act. Commencing July 1,
151984, "Commission" as used in this Act means the Commission on
16Government Forecasting and Accountability as established by
17the Legislative Commission Reorganization Act of 1984.
18 (f) "Contributory", when referred to as contributory
19coverage, shall mean optional coverages or benefits elected by
20the member toward the cost of which such member makes
21contribution, or which are funded in whole or in part through
22the acceptance of a reduction in earnings or the foregoing of
23an increase in earnings by an employee, as distinguished from
24noncontributory coverage or benefits which are paid entirely
25by the State of Illinois without reduction of the member's
26salary.

SB2435 Enrolled- 42 -LRB102 04062 AMC 14078 b
1 (g) "Department" means any department, institution, board,
2commission, officer, court or any agency of the State
3government receiving appropriations and having power to
4certify payrolls to the Comptroller authorizing payments of
5salary and wages against such appropriations as are made by
6the General Assembly from any State fund, or against trust
7funds held by the State Treasurer and includes boards of
8trustees of the retirement systems created by Articles 2, 14,
915, 16, and 18 of the Illinois Pension Code. "Department" also
10includes the Illinois Comprehensive Health Insurance Board,
11the Board of Examiners established under the Illinois Public
12Accounting Act, and the Illinois Finance Authority.
13 (h) "Dependent", when the term is used in the context of
14the health and life plan, means a member's spouse and any child
15(1) from birth to age 26 including an adopted child, a child
16who lives with the member from the time of the placement for
17adoption until entry of an order of adoption, a stepchild or
18adjudicated child, or a child who lives with the member if such
19member is a court appointed guardian of the child or (2) age 19
20or over who has a mental or physical disability from a cause
21originating prior to the age of 19 (age 26 if enrolled as an
22adult child dependent). For the health plan only, the term
23"dependent" also includes (1) any person enrolled prior to the
24effective date of this Section who is dependent upon the
25member to the extent that the member may claim such person as a
26dependent for income tax deduction purposes and (2) any person

SB2435 Enrolled- 43 -LRB102 04062 AMC 14078 b
1who has received after June 30, 2000 an organ transplant and
2who is financially dependent upon the member and eligible to
3be claimed as a dependent for income tax purposes. A member
4requesting to cover any dependent must provide documentation
5as requested by the Department of Central Management Services
6and file with the Department any and all forms required by the
7Department.
8 (i) "Director" means the Director of the Illinois
9Department of Central Management Services.
10 (j) "Eligibility period" means the period of time a member
11has to elect enrollment in programs or to select benefits
12without regard to age, sex or health.
13 (k) "Employee" means and includes each officer or employee
14in the service of a department who (1) receives his
15compensation for service rendered to the department on a
16warrant issued pursuant to a payroll certified by a department
17or on a warrant or check issued and drawn by a department upon
18a trust, federal or other fund or on a warrant issued pursuant
19to a payroll certified by an elected or duly appointed officer
20of the State or who receives payment of the performance of
21personal services on a warrant issued pursuant to a payroll
22certified by a Department and drawn by the Comptroller upon
23the State Treasurer against appropriations made by the General
24Assembly from any fund or against trust funds held by the State
25Treasurer, and (2) is employed full-time or part-time in a
26position normally requiring actual performance of duty during

SB2435 Enrolled- 44 -LRB102 04062 AMC 14078 b
1not less than 1/2 of a normal work period, as established by
2the Director in cooperation with each department, except that
3persons elected by popular vote will be considered employees
4during the entire term for which they are elected regardless
5of hours devoted to the service of the State, and (3) except
6that "employee" does not include any person who is not
7eligible by reason of such person's employment to participate
8in one of the State retirement systems under Articles 2, 14, 15
9(either the regular Article 15 system or the optional
10retirement program established under Section 15-158.2), or 18,
11or under paragraph (2), (3), or (5) of Section 16-106, of the
12Illinois Pension Code, but such term does include persons who
13are employed during the 6 month qualifying period under
14Article 14 of the Illinois Pension Code. Such term also
15includes any person who (1) after January 1, 1966, is
16receiving ordinary or accidental disability benefits under
17Articles 2, 14, 15 (including ordinary or accidental
18disability benefits under the optional retirement program
19established under Section 15-158.2), paragraphs (2), (3), or
20(5) of Section 16-106, or Article 18 of the Illinois Pension
21Code, for disability incurred after January 1, 1966, (2)
22receives total permanent or total temporary disability under
23the Workers' Compensation Act or Occupational Disease Act as a
24result of injuries sustained or illness contracted in the
25course of employment with the State of Illinois, or (3) is not
26otherwise covered under this Act and has retired as a

SB2435 Enrolled- 45 -LRB102 04062 AMC 14078 b
1participating member under Article 2 of the Illinois Pension
2Code but is ineligible for the retirement annuity under
3Section 2-119 of the Illinois Pension Code. However, a person
4who satisfies the criteria of the foregoing definition of
5"employee" except that such person is made ineligible to
6participate in the State Universities Retirement System by
7clause (4) of subsection (a) of Section 15-107 of the Illinois
8Pension Code is also an "employee" for the purposes of this
9Act. "Employee" also includes any person receiving or eligible
10for benefits under a sick pay plan established in accordance
11with Section 36 of the State Finance Act. "Employee" also
12includes (i) each officer or employee in the service of a
13qualified local government, including persons appointed as
14trustees of sanitary districts regardless of hours devoted to
15the service of the sanitary district, (ii) each employee in
16the service of a qualified rehabilitation facility, (iii) each
17full-time employee in the service of a qualified domestic
18violence shelter or service, and (iv) each full-time employee
19in the service of a qualified child advocacy center, as
20determined according to rules promulgated by the Director.
21 (l) "Member" means an employee, annuitant, retired
22employee or survivor. In the case of an annuitant or retired
23employee who first becomes an annuitant or retired employee on
24or after January 13, 2012 (the effective date of Public Act
2597-668) this amendatory Act of the 97th General Assembly, the
26individual must meet the minimum vesting requirements of the

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1applicable retirement system in order to be eligible for group
2insurance benefits under that system. In the case of a
3survivor who first becomes a survivor on or after January 13,
42012 (the effective date of Public Act 97-668) this amendatory
5Act of the 97th General Assembly, the deceased employee,
6annuitant, or retired employee upon whom the annuity is based
7must have been eligible to participate in the group insurance
8system under the applicable retirement system in order for the
9survivor to be eligible for group insurance benefits under
10that system.
11 (m) "Optional coverages or benefits" means those coverages
12or benefits available to the member on his or her voluntary
13election, and at his or her own expense.
14 (n) "Program" means the group life insurance, health
15benefits and other employee benefits designed and contracted
16for by the Director under this Act.
17 (o) "Health plan" means a health benefits program offered
18by the State of Illinois for persons eligible for the plan.
19 (p) "Retired employee" means any person who would be an
20annuitant as that term is defined herein but for the fact that
21such person retired prior to January 1, 1966. Such term also
22includes any person formerly employed by the University of
23Illinois in the Cooperative Extension Service who would be an
24annuitant but for the fact that such person was made
25ineligible to participate in the State Universities Retirement
26System by clause (4) of subsection (a) of Section 15-107 of the

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1Illinois Pension Code.
2 (q) "Survivor" means a person receiving an annuity as a
3survivor of an employee or of an annuitant. "Survivor" also
4includes: (1) the surviving dependent of a person who
5satisfies the definition of "employee" except that such person
6is made ineligible to participate in the State Universities
7Retirement System by clause (4) of subsection (a) of Section
815-107 of the Illinois Pension Code; (2) the surviving
9dependent of any person formerly employed by the University of
10Illinois in the Cooperative Extension Service who would be an
11annuitant except for the fact that such person was made
12ineligible to participate in the State Universities Retirement
13System by clause (4) of subsection (a) of Section 15-107 of the
14Illinois Pension Code; (3) the surviving dependent of a person
15who was an annuitant under this Act by virtue of receiving an
16alternative retirement cancellation payment under Section
1714-108.5 of the Illinois Pension Code; and (4) a person who
18would be receiving an annuity as a survivor of an annuitant
19except that the annuitant elected on or after June 4, 2018 to
20receive an accelerated pension benefit payment under Section
2114-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code
22in lieu of receiving an annuity.
23 (q-2) "SERS" means the State Employees' Retirement System
24of Illinois, created under Article 14 of the Illinois Pension
25Code.
26 (q-3) "SURS" means the State Universities Retirement

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1System, created under Article 15 of the Illinois Pension Code.
2 (q-4) "TRS" means the Teachers' Retirement System of the
3State of Illinois, created under Article 16 of the Illinois
4Pension Code.
5 (q-5) (Blank).
6 (q-6) (Blank).
7 (q-7) (Blank).
8 (r) "Medical services" means the services provided within
9the scope of their licenses by practitioners in all categories
10licensed under the Medical Practice Act of 1987.
11 (s) "Unit of local government" means any county,
12municipality, township, school district (including a
13combination of school districts under the Intergovernmental
14Cooperation Act), special district or other unit, designated
15as a unit of local government by law, which exercises limited
16governmental powers or powers in respect to limited
17governmental subjects, any not-for-profit association with a
18membership that primarily includes townships and township
19officials, that has duties that include provision of research
20service, dissemination of information, and other acts for the
21purpose of improving township government, and that is funded
22wholly or partly in accordance with Section 85-15 of the
23Township Code; any not-for-profit corporation or association,
24with a membership consisting primarily of municipalities, that
25operates its own utility system, and provides research,
26training, dissemination of information, or other acts to

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1promote cooperation between and among municipalities that
2provide utility services and for the advancement of the goals
3and purposes of its membership; the Southern Illinois
4Collegiate Common Market, which is a consortium of higher
5education institutions in Southern Illinois; the Illinois
6Association of Park Districts; and any hospital provider that
7is owned by a county that has 100 or fewer hospital beds and
8has not already joined the program. "Qualified local
9government" means a unit of local government approved by the
10Director and participating in a program created under
11subsection (i) of Section 10 of this Act.
12 (t) "Qualified rehabilitation facility" means any
13not-for-profit organization that is accredited by the
14Commission on Accreditation of Rehabilitation Facilities or
15certified by the Department of Human Services (as successor to
16the Department of Mental Health and Developmental
17Disabilities) to provide services to persons with disabilities
18and which receives funds from the State of Illinois for
19providing those services, approved by the Director and
20participating in a program created under subsection (j) of
21Section 10 of this Act.
22 (u) "Qualified domestic violence shelter or service" means
23any Illinois domestic violence shelter or service and its
24administrative offices funded by the Department of Human
25Services (as successor to the Illinois Department of Public
26Aid), approved by the Director and participating in a program

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1created under subsection (k) of Section 10.
2 (v) "TRS benefit recipient" means a person who:
3 (1) is not a "member" as defined in this Section; and
4 (2) is receiving a monthly benefit or retirement
5 annuity under Article 16 of the Illinois Pension Code or
6 would be receiving such monthly benefit or retirement
7 annuity except that the benefit recipient elected on or
8 after June 4, 2018 to receive an accelerated pension
9 benefit payment under Section 16-190.5 of the Illinois
10 Pension Code in lieu of receiving an annuity; and
11 (3) either (i) has at least 8 years of creditable
12 service under Article 16 of the Illinois Pension Code, or
13 (ii) was enrolled in the health insurance program offered
14 under that Article on January 1, 1996, or (iii) is the
15 survivor of a benefit recipient who had at least 8 years of
16 creditable service under Article 16 of the Illinois
17 Pension Code or was enrolled in the health insurance
18 program offered under that Article on June 21, 1995 (the
19 effective date of Public Act 89-25) this amendatory Act of
20 1995, or (iv) is a recipient or survivor of a recipient of
21 a disability benefit under Article 16 of the Illinois
22 Pension Code.
23 (w) "TRS dependent beneficiary" means a person who:
24 (1) is not a "member" or "dependent" as defined in
25 this Section; and
26 (2) is a TRS benefit recipient's: (A) spouse, (B)

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1 dependent parent who is receiving at least half of his or
2 her support from the TRS benefit recipient, or (C)
3 natural, step, adjudicated, or adopted child who is (i)
4 under age 26, (ii) was, on January 1, 1996, participating
5 as a dependent beneficiary in the health insurance program
6 offered under Article 16 of the Illinois Pension Code, or
7 (iii) age 19 or over who has a mental or physical
8 disability from a cause originating prior to the age of 19
9 (age 26 if enrolled as an adult child).
10 "TRS dependent beneficiary" does not include, as indicated
11under paragraph (2) of this subsection (w), a dependent of the
12survivor of a TRS benefit recipient who first becomes a
13dependent of a survivor of a TRS benefit recipient on or after
14January 13, 2012 (the effective date of Public Act 97-668)
15this amendatory Act of the 97th General Assembly unless that
16dependent would have been eligible for coverage as a dependent
17of the deceased TRS benefit recipient upon whom the survivor
18benefit is based.
19 (x) "Military leave" refers to individuals in basic
20training for reserves, special/advanced training, annual
21training, emergency call up, activation by the President of
22the United States, or any other training or duty in service to
23the United States Armed Forces.
24 (y) (Blank).
25 (z) "Community college benefit recipient" means a person
26who:

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1 (1) is not a "member" as defined in this Section; and
2 (2) is receiving a monthly survivor's annuity or
3 retirement annuity under Article 15 of the Illinois
4 Pension Code or would be receiving such monthly survivor's
5 annuity or retirement annuity except that the benefit
6 recipient elected on or after June 4, 2018 to receive an
7 accelerated pension benefit payment under Section 15-185.5
8 of the Illinois Pension Code in lieu of receiving an
9 annuity; and
10 (3) either (i) was a full-time employee of a community
11 college district or an association of community college
12 boards created under the Public Community College Act
13 (other than an employee whose last employer under Article
14 15 of the Illinois Pension Code was a community college
15 district subject to Article VII of the Public Community
16 College Act) and was eligible to participate in a group
17 health benefit plan as an employee during the time of
18 employment with a community college district (other than a
19 community college district subject to Article VII of the
20 Public Community College Act) or an association of
21 community college boards, or (ii) is the survivor of a
22 person described in item (i).
23 (aa) "Community college dependent beneficiary" means a
24person who:
25 (1) is not a "member" or "dependent" as defined in
26 this Section; and

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1 (2) is a community college benefit recipient's: (A)
2 spouse, (B) dependent parent who is receiving at least
3 half of his or her support from the community college
4 benefit recipient, or (C) natural, step, adjudicated, or
5 adopted child who is (i) under age 26, or (ii) age 19 or
6 over and has a mental or physical disability from a cause
7 originating prior to the age of 19 (age 26 if enrolled as
8 an adult child).
9 "Community college dependent beneficiary" does not
10include, as indicated under paragraph (2) of this subsection
11(aa), a dependent of the survivor of a community college
12benefit recipient who first becomes a dependent of a survivor
13of a community college benefit recipient on or after January
1413, 2012 (the effective date of Public Act 97-668) this
15amendatory Act of the 97th General Assembly unless that
16dependent would have been eligible for coverage as a dependent
17of the deceased community college benefit recipient upon whom
18the survivor annuity is based.
19 (bb) "Qualified child advocacy center" means any Illinois
20child advocacy center and its administrative offices funded by
21the Department of Children and Family Services, as defined by
22the Children's Advocacy Center Act (55 ILCS 80/), approved by
23the Director and participating in a program created under
24subsection (n) of Section 10.
25 (cc) "Placement for adoption" means the assumption and
26retention by a member of a legal obligation for total or

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1partial support of a child in anticipation of adoption of the
2child. The child's placement with the member terminates upon
3the termination of such legal obligation.
4(Source: P.A. 100-355, eff. 1-1-18; 100-587, eff. 6-4-18;
5101-242, eff. 8-9-19; revised 9-19-19.)
6 Section 40. The Illinois Governmental Ethics Act is
7amended by changing Section 4A-108 as follows:
8 (5 ILCS 420/4A-108)
9 Sec. 4A-108. Internet-based systems of filing.
10 (a) Notwithstanding any other provision of this Act or any
11other law, the Secretary of State and county clerks are
12authorized to institute an Internet-based system for the
13filing of statements of economic interests in their offices.
14With respect to county clerk systems, the determination to
15institute such a system shall be in the sole discretion of the
16county clerk and shall meet the requirements set out in this
17Section. With respect to a Secretary of State system, the
18determination to institute such a system shall be in the sole
19discretion of the Secretary of State and shall meet the
20requirements set out in this Section and those Sections of the
21State Officials and Employees Ethics Act requiring ethics
22officer review prior to filing. The system shall be capable of
23allowing an ethics officer to approve a statement of economic
24interests and shall include a means to amend a statement of

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

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

SB2435 Enrolled- 57 -LRB102 04062 AMC 14078 b
1 his or her statement of economic interests in a written or
2 printed form and shall receive a written or printed
3 receipt for his or her filing. If no certification is made
4 by an ethics officer for a legislative caucus, or if a
5 member of the General Assembly is not affiliated with a
6 legislative caucus, then the affected member or members of
7 the General Assembly may file their statements of economic
8 interests using the Internet.
9 (4) In the first year of the implementation of a
10 system of Internet-based filing of statements of economic
11 interests, each person required to file such a statement
12 is to be notified in writing of his or her obligation to
13 file his or her statement of economic interests by way of
14 the Internet-based system. If access to the website web
15 site requires a code or password, this information shall
16 be included in the notice prescribed by this paragraph.
17 (5) When a person required to file a statement of
18 economic interests has supplied the Secretary of State or
19 a county clerk, as applicable, with an email address for
20 the purpose of receiving notices under this Article by
21 email, a notice sent by email to the supplied email
22 address shall be the equivalent of a notice sent by first
23 class mail, as set forth in Section 4A-106 or 4A-106.5. A
24 person who has supplied such an email address shall notify
25 the Secretary of State or county clerk, as applicable,
26 when his or her email address changes or if he or she no

SB2435 Enrolled- 58 -LRB102 04062 AMC 14078 b
1 longer wishes to receive notices by email.
2 (6) If any person who is required to file a statement
3 of economic interests and who has chosen to receive
4 notices by email fails to file his or her statement by May
5 10, then the Secretary of State or county clerk, as
6 applicable, shall send an additional email notice on that
7 date, informing the person that he or she has not filed and
8 describing the penalties for late filing and failing to
9 file. This notice shall be in addition to other notices
10 provided for in this Article.
11 (7) The Secretary of State and each county clerk who
12 institutes a system of Internet-based filing of statements
13 of economic interests may also institute an Internet-based
14 process for the filing of the list of names and addresses
15 of persons required to file statements of economic
16 interests by the chief administrative officers that must
17 file such information with the Secretary of State or
18 county clerk, as applicable, pursuant to Section 4A-106 or
19 4A-106.5. Whenever the Secretary of State or a county
20 clerk institutes such a system under this paragraph, every
21 chief administrative officer must use the system to file
22 this information.
23 (8) The Secretary of State and any county clerk who
24 institutes a system of Internet-based filing of statements
25 of economic interests shall post the contents of such
26 statements filed with him or her available for inspection

SB2435 Enrolled- 59 -LRB102 04062 AMC 14078 b
1 and copying on a publicly accessible website. Such
2 postings shall not include the addresses or signatures of
3 the filers.
4(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
5revised 9-12-19.)
6 Section 45. The State Officials and Employees Ethics Act
7is amended by changing Sections 20-10 and 25-10 as follows:
8 (5 ILCS 430/20-10)
9 Sec. 20-10. Offices of Executive Inspectors General.
10 (a) Five independent Offices of the Executive Inspector
11General are created, one each for the Governor, the Attorney
12General, the Secretary of State, the Comptroller, and the
13Treasurer. Each Office shall be under the direction and
14supervision of an Executive Inspector General and shall be a
15fully independent office with separate appropriations.
16 (b) The Governor, Attorney General, Secretary of State,
17Comptroller, and Treasurer shall each appoint an Executive
18Inspector General, without regard to political affiliation and
19solely on the basis of integrity and demonstrated ability.
20Appointments shall be made by and with the advice and consent
21of the Senate by three-fifths of the elected members
22concurring by record vote. Any nomination not acted upon by
23the Senate within 60 session days of the receipt thereof shall
24be deemed to have received the advice and consent of the

SB2435 Enrolled- 60 -LRB102 04062 AMC 14078 b
1Senate. If, during a recess of the Senate, there is a vacancy
2in an office of Executive Inspector General, the appointing
3authority shall make a temporary appointment until the next
4meeting of the Senate when the appointing authority shall make
5a nomination to fill that office. No person rejected for an
6office of Executive Inspector General shall, except by the
7Senate's request, be nominated again for that office at the
8same session of the Senate or be appointed to that office
9during a recess of that Senate.
10 Nothing in this Article precludes the appointment by the
11Governor, Attorney General, Secretary of State, Comptroller,
12or Treasurer of any other inspector general required or
13permitted by law. The Governor, Attorney General, Secretary of
14State, Comptroller, and Treasurer each may appoint an existing
15inspector general as the Executive Inspector General required
16by this Article, provided that such an inspector general is
17not prohibited by law, rule, jurisdiction, qualification, or
18interest from serving as the Executive Inspector General
19required by this Article. An appointing authority may not
20appoint a relative as an Executive Inspector General.
21 Each Executive Inspector General shall have the following
22qualifications:
23 (1) has not been convicted of any felony under the
24 laws of this State, another State, or the United States;
25 (2) has earned a baccalaureate degree from an
26 institution of higher education; and

SB2435 Enrolled- 61 -LRB102 04062 AMC 14078 b
1 (3) has 5 or more years of cumulative service (A) with
2 a federal, State, or local law enforcement agency, at
3 least 2 years of which have been in a progressive
4 investigatory capacity; (B) as a federal, State, or local
5 prosecutor; (C) as a senior manager or executive of a
6 federal, State, or local agency; (D) as a member, an
7 officer, or a State or federal judge; or (E) representing
8 any combination of items (A) through (D).
9 The term of each initial Executive Inspector General shall
10commence upon qualification and shall run through June 30,
112008. The initial appointments shall be made within 60 days
12after the effective date of this Act.
13 After the initial term, each Executive Inspector General
14shall serve for 5-year terms commencing on July 1 of the year
15of appointment and running through June 30 of the fifth
16following year. An Executive Inspector General may be
17reappointed to one or more subsequent terms.
18 A vacancy occurring other than at the end of a term shall
19be filled by the appointing authority only for the balance of
20the term of the Executive Inspector General whose office is
21vacant.
22 Terms shall run regardless of whether the position is
23filled.
24 (c) The Executive Inspector General appointed by the
25Attorney General shall have jurisdiction over the Attorney
26General and all officers and employees of, and vendors and

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

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1misconduct, nonfeasance, misfeasance, malfeasance, or
2violations of this Act or violations of other related laws and
3rules.
4 Each Executive Inspector General shall have jurisdiction
5over complainants in violation of subsection (e) of Section
620-63 for disclosing a summary report prepared by the
7respective Executive Inspector General.
8 (d) The compensation for each Executive Inspector General
9shall be determined by the Executive Ethics Commission and
10shall be made from appropriations made to the Comptroller for
11this purpose. Subject to Section 20-45 of this Act, each
12Executive Inspector General has full authority to organize his
13or her Office of the Executive Inspector General, including
14the employment and determination of the compensation of staff,
15such as deputies, assistants, and other employees, as
16appropriations permit. A separate appropriation shall be made
17for each Office of Executive Inspector General.
18 (e) No Executive Inspector General or employee of the
19Office of the Executive Inspector General may, during his or
20her term of appointment or employment:
21 (1) become a candidate for any elective office;
22 (2) hold any other elected or appointed public office
23 except for appointments on governmental advisory boards or
24 study commissions or as otherwise expressly authorized by
25 law;
26 (3) be actively involved in the affairs of any

SB2435 Enrolled- 64 -LRB102 04062 AMC 14078 b
1 political party or political organization; or
2 (4) advocate for the appointment of another person to
3 an appointed or elected office or position or actively
4 participate in any campaign for any elective office.
5 In this subsection an appointed public office means a
6position authorized by law that is filled by an appointing
7authority as provided by law and does not include employment
8by hiring in the ordinary course of business.
9 (e-1) No Executive Inspector General or employee of the
10Office of the Executive Inspector General may, for one year
11after the termination of his or her appointment or employment:
12 (1) become a candidate for any elective office;
13 (2) hold any elected public office; or
14 (3) hold any appointed State, county, or local
15 judicial office.
16 (e-2) The requirements of item (3) of subsection (e-1) may
17be waived by the Executive Ethics Commission.
18 (f) An Executive Inspector General may be removed only for
19cause and may be removed only by the appointing constitutional
20officer. At the time of the removal, the appointing
21constitutional officer must report to the Executive Ethics
22Commission the justification for the removal.
23(Source: P.A. 101-221, eff. 8-9-19; revised 9-13-19.)
24 (5 ILCS 430/25-10)
25 Sec. 25-10. Office of Legislative Inspector General.

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

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1 The Legislative Inspector General shall have the following
2qualifications:
3 (1) has not been convicted of any felony under the
4 laws of this State, another state, or the United States;
5 (2) has earned a baccalaureate degree from an
6 institution of higher education; and
7 (3) has 5 or more years of cumulative service (A) with
8 a federal, State, or local law enforcement agency, at
9 least 2 years of which have been in a progressive
10 investigatory capacity; (B) as a federal, State, or local
11 prosecutor; (C) as a senior manager or executive of a
12 federal, State, or local agency; (D) as a member, an
13 officer, or a State or federal judge; or (E) representing
14 any combination of items (A) through (D).
15 The Legislative Inspector General may not be a relative of
16a commissioner.
17 The term of the initial Legislative Inspector General
18shall commence upon qualification and shall run through June
1930, 2008.
20 After the initial term, the Legislative Inspector General
21shall serve for 5-year terms commencing on July 1 of the year
22of appointment and running through June 30 of the fifth
23following year. The Legislative Inspector General may be
24reappointed to one or more subsequent terms. Terms shall run
25regardless of whether the position is filled.
26 (b-5) A vacancy occurring other than at the end of a term

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

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

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1allegation or complaint. Notification shall be made to the
2Commission on a weekly basis unless the Commission approves of
3a different reporting schedule.
4 If the Office of the Inspector General is vacant for 6
5months or more beginning on or after January 1, 2019, and the
6Legislative Ethics Commission has not appointed an Acting
7Legislative Inspector General, all complaints made to the
8Legislative Inspector General or the Legislative Ethics
9Commission shall be directed to the Inspector General for the
10Auditor General, and he or she shall have the authority to act
11as provided in subsection (c) of this Section and Section
1225-20 of this Act, and shall be subject to all laws and rules
13governing a Legislative Inspector General or Acting
14Legislative Inspector General. The authority for the Inspector
15General of the Auditor General under this paragraph shall
16terminate upon appointment of a Legislative Inspector General
17or an Acting Legislative Inspector General.
18 (c) The Legislative Inspector General shall have
19jurisdiction over the current and former members of the
20General Assembly regarding events occurring during a member's
21term of office and current and former State employees
22regarding events occurring during any period of employment
23where the State employee's ultimate jurisdictional authority
24is (i) a legislative leader, (ii) the Senate Operations
25Commission, or (iii) the Joint Committee on Legislative
26Support Services.

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1 The jurisdiction of each Legislative Inspector General is
2to investigate allegations of fraud, waste, abuse,
3mismanagement, misconduct, nonfeasance, misfeasance,
4malfeasance, or violations of this Act or violations of other
5related laws and rules.
6 The Legislative Inspector General shall have jurisdiction
7over complainants in violation of subsection (e) of Section
825-63 of this Act.
9 (d) The compensation of the Legislative Inspector General
10shall be the greater of an amount (i) determined (i) by the
11Commission or (ii) by joint resolution of the General Assembly
12passed by a majority of members elected in each chamber.
13Subject to Section 25-45 of this Act, the Legislative
14Inspector General has full authority to organize the Office of
15the Legislative Inspector General, including the employment
16and determination of the compensation of staff, such as
17deputies, assistants, and other employees, as appropriations
18permit. Employment of staff is subject to the approval of at
19least 3 of the 4 legislative leaders.
20 (e) No Legislative Inspector General or employee of the
21Office of the Legislative Inspector General may, during his or
22her term of appointment or employment:
23 (1) become a candidate for any elective office;
24 (2) hold any other elected or appointed public office
25 except for appointments on governmental advisory boards or
26 study commissions or as otherwise expressly authorized by

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

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1revised 9-12-19.)
2 Section 50. The Seizure and Forfeiture Reporting Act is
3amended by changing Section 5 as follows:
4 (5 ILCS 810/5)
5 Sec. 5. Applicability. This Act is applicable to property
6seized or forfeited under the following provisions of law:
7 (1) Section 3.23 of the Illinois Food, Drug and
8 Cosmetic Act;
9 (2) Section 44.1 of the Environmental Protection Act;
10 (3) Section 105-55 of the Herptiles-Herps Act;
11 (4) Section 1-215 of the Fish and Aquatic Life Code;
12 (5) Section 1.25 of the Wildlife Code;
13 (6) Section 17-10.6 of the Criminal Code of 2012
14 (financial institution fraud);
15 (7) Section 28-5 of the Criminal Code of 2012
16 (gambling);
17 (8) Article 29B of the Criminal Code of 2012 (money
18 laundering);
19 (9) Article 33G of the Criminal Code of 2012 (Illinois
20 Street Gang and Racketeer Influenced And Corrupt
21 Organizations Law);
22 (10) Article 36 of the Criminal Code of 2012 (seizure
23 and forfeiture of vessels, vehicles, and aircraft);
24 (11) Section 47-15 of the Criminal Code of 2012

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1 (dumping garbage upon real property);
2 (12) Article 124B of the Code of Criminal Procedure of
3 1963 procedure (forfeiture);
4 (13) the Drug Asset Forfeiture Procedure Act;
5 (14) the Narcotics Profit Forfeiture Act;
6 (15) the Illinois Streetgang Terrorism Omnibus
7 Prevention Act; and
8 (16) the Illinois Securities Law of 1953.
9(Source: P.A. 100-512, eff. 7-1-18; revised 9-9-19.)
10 Section 55. The Gun Trafficking Information Act is amended
11by changing Section 10-1 as follows:
12 (5 ILCS 830/10-1)
13 Sec. 10-1. Short title. This Article 10 5 may be cited as
14the Gun Trafficking Information Act. References in this
15Article to "this Act" mean this Article.
16(Source: P.A. 100-1178, eff. 1-18-19; revised 7-17-19.)
17 Section 60. The Election Code is amended by changing
18Sections 1A-3, 1A-45, 2A-1.2, 6-50.2, 6A-3, and 9-15 as
19follows:
20 (10 ILCS 5/1A-3) (from Ch. 46, par. 1A-3)
21 Sec. 1A-3. Subject to the confirmation requirements of
22Section 1A-4, 4 members of the State Board of Elections shall

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

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

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

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

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1 (enter URL) or register to vote online at (enter URL), by
2 requesting a mail-in voter registration form by (enter
3 instructions for requesting a mail-in voter registration
4 form), or visiting the (name of election authority) office
5 at (address of election authority)."
6 The words "register to vote online at (enter URL)" shall
7be bolded and of a distinct nature from the other words in the
8message required by this subsection (c).
9 (d) Any communication required to be delivered to a
10potential registrant that has been identified by the
11Electronic Registration Information Center as eligible to vote
12but who is not registered to vote in Illinois shall be prepared
13and disseminated at the direction of the State Board of
14Elections. All other communications with potential registrants
15or re-registrants pursuant to the Electronic Registration
16Information Center Membership Agreement shall be prepared and
17disseminated at the direction of the appropriate election
18authority.
19 (e) The Executive Director of the State Board of Elections
20or his or her designee shall serve as the Member
21Representative to the Electronic Registration Information
22Center.
23 (f) The State Board of Elections may adopt any rules
24necessary to enforce this Section or comply with the
25Electronic Registration Information Center Membership
26Agreement.

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1(Source: P.A. 98-1171, eff. 6-1-15; revised 7-17-19.)
2 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
3 Sec. 2A-1.2. Consolidated schedule of elections; offices
4elections - offices designated.
5 (a) At the general election in the appropriate
6even-numbered years, the following offices shall be filled or
7shall be on the ballot as otherwise required by this Code:
8 (1) Elector of President and Vice President of the
9 United States;
10 (2) United States Senator and United States
11 Representative;
12 (3) State Executive Branch elected officers;
13 (4) State Senator and State Representative;
14 (5) County elected officers, including State's
15 Attorney, County Board member, County Commissioners, and
16 elected President of the County Board or County Chief
17 Executive;
18 (6) Circuit Court Clerk;
19 (7) Regional Superintendent of Schools, except in
20 counties or educational service regions in which that
21 office has been abolished;
22 (8) Judges of the Supreme, Appellate and Circuit
23 Courts, on the question of retention, to fill vacancies
24 and newly created judicial offices;
25 (9) (Blank);

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1 (10) Trustee of the Metropolitan Water Reclamation
2 Sanitary District of Greater Chicago, and elected Trustee
3 of other Sanitary Districts;
4 (11) Special District elected officers, not otherwise
5 designated in this Section, where the statute creating or
6 authorizing the creation of the district requires an
7 annual election and permits or requires election of
8 candidates of political parties.
9 (b) At the general primary election:
10 (1) in each even-numbered year candidates of political
11 parties shall be nominated for those offices to be filled
12 at the general election in that year, except where
13 pursuant to law nomination of candidates of political
14 parties is made by caucus.
15 (2) in the appropriate even-numbered years the
16 political party offices of State central committeeperson,
17 township committeeperson, ward committeeperson, and
18 precinct committeeperson shall be filled and delegates and
19 alternate delegates to the National nominating conventions
20 shall be elected as may be required pursuant to this Code.
21 In the even-numbered years in which a Presidential
22 election is to be held, candidates in the Presidential
23 preference primary shall also be on the ballot.
24 (3) in each even-numbered year, where the municipality
25 has provided for annual elections to elect municipal
26 officers pursuant to Section 6(f) or Section 7 of Article

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

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1 government of the municipality pursuant to Section 7 of
2 Article VII of the Constitution, such offices shall be
3 filled by election or by runoff election as may be
4 provided by such ordinance;
5 (2) Village and incorporated town library directors;
6 (3) City boards of stadium commissioners;
7 (4) Commissioners of park districts;
8 (5) Trustees of public library districts;
9 (6) Special District elected officers, not otherwise
10 designated in this Section, where the statute creating or
11 authorizing the creation of the district permits or
12 requires election of candidates of political parties;
13 (7) Township officers, including township park
14 commissioners, township library directors, and boards of
15 managers of community buildings, and Multi-Township
16 Assessors;
17 (8) Highway commissioners and road district clerks;
18 (9) Members of school boards in school districts which
19 adopt Article 33 of the School Code;
20 (10) The directors and chair of the Chain O Lakes - Fox
21 River Waterway Management Agency;
22 (11) Forest preserve district commissioners elected
23 under Section 3.5 of the Downstate Forest Preserve
24 District Act;
25 (12) Elected members of school boards, school
26 trustees, directors of boards of school directors,

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1 trustees of county boards of school trustees (except in
2 counties or educational service regions having a
3 population of 2,000,000 or more inhabitants) and members
4 of boards of school inspectors, except school boards in
5 school districts that adopt Article 33 of the School Code;
6 (13) Members of Community College district boards;
7 (14) Trustees of Fire Protection Districts;
8 (15) Commissioners of the Springfield Metropolitan
9 Exposition and Auditorium Authority;
10 (16) Elected Trustees of Tuberculosis Sanitarium
11 Districts;
12 (17) Elected Officers of special districts not
13 otherwise designated in this Section for which the law
14 governing those districts does not permit candidates of
15 political parties.
16 (d) At the consolidated primary election in each
17odd-numbered year, candidates of political parties shall be
18nominated for those offices to be filled at the consolidated
19election in that year, except where pursuant to law nomination
20of candidates of political parties is made by caucus, and
21except those offices listed in paragraphs (12) through (17) of
22subsection (c).
23 At the consolidated primary election in the appropriate
24odd-numbered years, the mayor, clerk, treasurer, and aldermen
25shall be elected in municipalities in which candidates for
26mayor, clerk, treasurer, or alderman are not permitted by law

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1to be candidates of political parties, subject to runoff
2elections to be held at the consolidated election as may be
3required by law, and municipal officers shall be nominated in
4a nonpartisan election in municipalities in which pursuant to
5law candidates for such office are not permitted to be
6candidates of political parties.
7 At the consolidated primary election in the appropriate
8odd-numbered years, municipal officers shall be nominated or
9elected, or elected subject to a runoff, as may be provided by
10an ordinance providing a form of government of the
11municipality pursuant to Section 7 of Article VII of the
12Constitution.
13 (e) (Blank).
14 (f) At any election established in Section 2A-1.1, public
15questions may be submitted to voters pursuant to this Code and
16any special election otherwise required or authorized by law
17or by court order may be conducted pursuant to this Code.
18 Notwithstanding the regular dates for election of officers
19established in this Article, whenever a referendum is held for
20the establishment of a political subdivision whose officers
21are to be elected, the initial officers shall be elected at the
22election at which such referendum is held if otherwise so
23provided by law. In such cases, the election of the initial
24officers shall be subject to the referendum.
25 Notwithstanding the regular dates for election of
26officials established in this Article, any community college

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1district which becomes effective by operation of law pursuant
2to Section 6-6.1 of the Public Community College Act, as now or
3hereafter amended, shall elect the initial district board
4members at the next regularly scheduled election following the
5effective date of the new district.
6 (g) At any election established in Section 2A-1.1, if in
7any precinct there are no offices or public questions required
8to be on the ballot under this Code then no election shall be
9held in the precinct on that date.
10 (h) There may be conducted a referendum in accordance with
11the provisions of Division 6-4 of the Counties Code.
12(Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
13 (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
14 Sec. 6-50.2. (a) The board of election commissioners shall
15appoint all precinct committeepersons in the election
16jurisdiction as deputy registrars who may accept the
17registration of any qualified resident of the State, except
18during the 27 days preceding an election.
19 The board of election commissioners shall appoint each of
20the following named persons as deputy registrars upon the
21written request of such persons:
22 1. The chief librarian, or a qualified person
23 designated by the chief librarian, of any public library
24 situated within the election jurisdiction, who may accept
25 the registrations of any qualified resident of the State,

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

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

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

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1jurisdiction. The board of election commissioners, in
2appointing an additional deputy registrar, shall make the
3appointment from a list of applicants submitted by the Chair
4of the County Central Committee of the applicant's political
5party. A Chair of a County Central Committee shall submit a
6list of applicants to the board by November 30 of each year.
7The board may require a Chair of a County Central Committee to
8furnish a supplemental list of applicants.
9 Deputy registrars may accept registrations at any time
10other than the 27-day 27 day period preceding an election. All
11persons appointed as deputy registrars shall be registered
12voters within the election jurisdiction and shall take and
13subscribe to the following oath or affirmation:
14 "I do solemnly swear (or affirm, as the case may be) that I
15will support the Constitution of the United States, and the
16Constitution of the State of Illinois, and that I will
17faithfully discharge the duties of the office of registration
18officer to the best of my ability and that I will register no
19person nor cause the registration of any person except upon
20his personal application before me.
21
....................................
22
(Signature of Registration Officer)"
23 This oath shall be administered and certified to by one of
24the commissioners or by the executive director or by some
25person designated by the board of election commissioners, and
26shall immediately thereafter be filed with the board of

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1election commissioners. The members of the board of election
2commissioners and all persons authorized by them under the
3provisions of this Article to take registrations, after
4themselves taking and subscribing to the above oath, are
5authorized to take or administer such oaths and execute such
6affidavits as are required by this Article.
7 Appointments of deputy registrars under this Section,
8except precinct committeepersons, shall be for 2-year terms,
9commencing on December 1 following the general election of
10each even-numbered year, except that the terms of the initial
11appointments shall be until December 1st following the next
12general election. Appointments of precinct committeepersons
13shall be for 2-year terms commencing on the date of the county
14convention following the general primary at which they were
15elected. The county clerk shall issue a certificate of
16appointment to each deputy registrar, and shall maintain in
17his office for public inspection a list of the names of all
18appointees.
19 (b) The board of election commissioners shall be
20responsible for training all deputy registrars appointed
21pursuant to subsection (a), at times and locations reasonably
22convenient for both the board of election commissioners and
23such appointees. The board of election commissioners shall be
24responsible for certifying and supervising all deputy
25registrars appointed pursuant to subsection (a). Deputy
26registrars appointed under subsection (a) shall be subject to

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

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1deputy registrar. Such deputy registrars shall not be deemed
2to be employees of the board of election commissioners.
3 (g) Completed registration materials returned by deputy
4registrars for persons residing outside the election
5jurisdiction shall be transmitted by the board of election
6commissioners within 2 days after receipt to the election
7authority of the person's election jurisdiction of residence.
8(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
9 (10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
10 Sec. 6A-3. Commissioners; filling vacancies.
11 (a) If the county board adopts an ordinance providing for
12the establishment of a county board of election commissioners,
13or if a majority of the votes cast on a proposition submitted
14in accordance with Section 6A-2(a) are in favor of a county
15board of election commissioners, a county board of election
16commissioners shall be appointed in the same manner as is
17provided in Article 6 for boards of election commissioners in
18cities, villages and incorporated towns, except that the
19county board of election commissioners shall be appointed by
20the chair of the county board rather than the circuit court.
21However, before any appointments are made, the appointing
22authority shall ascertain whether the county clerk desires to
23be a member of the county board of election commissioners. If
24the county clerk so desires, he shall be one of the members of
25the county board of election commissioners, and the appointing

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1authority shall appoint only 2 other members.
2 (b) For any county board of election commissioners
3established under subsection (b) of Section 6A-1, within 30
4days after July 29, 2013 (the effective date of Public Act
598-115) this amendatory Act of the 98th General Assembly, the
6chief judge of the circuit court of the county shall appoint 5
7commissioners. At least 4 of those commissioners shall be
8selected from the 2 major established political parties of the
9State, with at least 2 from each of those parties. Such
10appointment shall be entered of record in the office of the
11County Clerk and the State Board of Elections. Those first
12appointed shall hold their offices for the period of one, 2,
13and 3 years respectively, and the judge appointing them shall
14designate the term for which each commissioner shall hold his
15or her office, whether for one, 2 or 3 years except that no
16more than one commissioner from each major established
17political party may be designated the same term. After the
18initial term, each commissioner or his or her successor shall
19be appointed to a 3-year 3 year term. No elected official or
20former elected official who has been out of elected office for
21less than 2 years may be appointed to the board. Vacancies
22shall be filled by the chief judge of the circuit court within
2330 days of the vacancy in a manner that maintains the foregoing
24political party representation.
25 (c) For any county board of election commissioners
26established under subsection (c) of Section 6A-1, within 30

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1days after the conclusion of the election at which the
2proposition to establish a county board of election
3commissioners is approved by the voters, the municipal board
4shall apply to the circuit court of the county for the chief
5judge of the circuit court to appoint 2 additional
6commissioners, one of whom shall be from each major
7established political party and neither of whom shall reside
8within the limits of the municipal board, so that 3
9commissioners shall reside within the limits of the municipal
10board and 2 shall reside within the county but not within the
11municipality, as it may exist from time to time. Not more than
123 of the commissioners shall be members of the same major
13established political party. Vacancies shall be filled by the
14chief judge of the circuit court upon application of the
15remaining commissioners in a manner that maintains the
16foregoing geographical and political party representation.
17(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
18 (10 ILCS 5/9-15) (from Ch. 46, par. 9-15)
19 Sec. 9-15. It shall be the duty of the Board: -
20 (1) to develop prescribed forms for filing statements
21 of organization and required reports;
22 (2) to prepare, publish, and furnish to the
23 appropriate persons a manual of instructions setting forth
24 recommended uniform methods of bookkeeping and reporting
25 under this Article;

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

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1 such notification shall be made by first-class mail unless
2 the political committee opts to receive notification
3 electronically via email; and
4 (10) to promptly send, by first class mail directed
5 only to the officers of a political committee, and by
6 certified mail to the address of the political committee,
7 written notice of any fine or penalty assessed or imposed
8 against the political committee under this Article.
9(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
10 Section 65. The Illinois Identification Card Act is
11amended by changing Sections 5 and 17 as follows:
12 (15 ILCS 335/5) (from Ch. 124, par. 25)
13 Sec. 5. Applications.
14 (a) Any natural person who is a resident of the State of
15Illinois may file an application for an identification card,
16or for the renewal thereof, in a manner prescribed by the
17Secretary. Each original application shall be completed by the
18applicant in full and shall set forth the legal name,
19residence address and zip code, social security number, birth
20date, sex and a brief description of the applicant. The
21applicant shall be photographed, unless the Secretary of State
22has provided by rule for the issuance of identification cards
23without photographs and the applicant is deemed eligible for
24an identification card without a photograph under the terms

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1and conditions imposed by the Secretary of State, and he or she
2shall also submit any other information as the Secretary may
3deem necessary or such documentation as the Secretary may
4require to determine the identity of the applicant. In
5addition to the residence address, the Secretary may allow the
6applicant to provide a mailing address. If the applicant is a
7judicial officer as defined in Section 1-10 of the Judicial
8Privacy Act or a peace officer, the applicant may elect to have
9his or her office or work address in lieu of the applicant's
10residence or mailing address. An applicant for an Illinois
11Person with a Disability Identification Card must also submit
12with each original or renewal application, on forms prescribed
13by the Secretary, such documentation as the Secretary may
14require, establishing that the applicant is a "person with a
15disability" as defined in Section 4A of this Act, and setting
16forth the applicant's type and class of disability as set
17forth in Section 4A of this Act. For the purposes of this
18subsection (a), "peace officer" means any person who by virtue
19of his or her office or public employment is vested by law with
20a duty to maintain public order or to make arrests for a
21violation of any penal statute of this State, whether that
22duty extends to all violations or is limited to specific
23violations.
24 (a-5) Upon the first issuance of a request for proposals
25for a digital driver's license and identification card
26issuance and facial recognition system issued after January 1,

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12020 (the effective date of Public Act 101-513) this
2amendatory Act of the 101st General Assembly, and upon
3implementation of a new or revised system procured pursuant to
4that request for proposals, the Secretary shall permit
5applicants to choose between "male", "female", or "non-binary"
6when designating the applicant's sex on the identification
7card application form. The sex designated by the applicant
8shall be displayed on the identification card issued to the
9applicant.
10 (b) Beginning on or before July 1, 2015, for each original
11or renewal identification card application under this Act, the
12Secretary shall inquire as to whether the applicant is a
13veteran for purposes of issuing an identification card with a
14veteran designation under subsection (c-5) of Section 4 of
15this Act. The acceptable forms of proof shall include, but are
16not limited to, Department of Defense form DD-214, Department
17of Defense form DD-256 for applicants who did not receive a
18form DD-214 upon the completion of initial basic training,
19Department of Defense form DD-2 (Retired), an identification
20card issued under the federal Veterans Identification Card Act
21of 2015, or a United States Department of Veterans Affairs
22summary of benefits letter. If the document cannot be stamped,
23the Illinois Department of Veterans' Affairs shall provide a
24certificate to the veteran to provide to the Secretary of
25State. The Illinois Department of Veterans' Affairs shall
26advise the Secretary as to what other forms of proof of a

SB2435 Enrolled- 99 -LRB102 04062 AMC 14078 b
1person's status as a veteran are acceptable.
2 For each applicant who is issued an identification card
3with a veteran designation, the Secretary shall provide the
4Department of Veterans' Affairs with the applicant's name,
5address, date of birth, gender, and such other demographic
6information as agreed to by the Secretary and the Department.
7The Department may take steps necessary to confirm the
8applicant is a veteran. If after due diligence, including
9writing to the applicant at the address provided by the
10Secretary, the Department is unable to verify the applicant's
11veteran status, the Department shall inform the Secretary, who
12shall notify the applicant that he or she must confirm status
13as a veteran, or the identification card will be cancelled.
14 For purposes of this subsection (b):
15 "Armed forces" means any of the Armed Forces of the United
16States, including a member of any reserve component or
17National Guard unit.
18 "Veteran" means a person who has served in the armed
19forces and was discharged or separated under honorable
20conditions.
21 (c) All applicants for REAL ID compliant standard Illinois
22Identification Cards and Illinois Person with a Disability
23Identification Cards shall provide proof of lawful status in
24the United States as defined in 6 CFR 37.3, as amended.
25Applicants who are unable to provide the Secretary with proof
26of lawful status are ineligible for REAL ID compliant

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1identification cards under this Act.
2(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
3100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
48-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
5 (15 ILCS 335/17)
6 Sec. 17. Invalidation of a standard Illinois
7Identification Card or an Illinois Person with a Disability
8Identification Card. (a) The Secretary of State may invalidate
9a standard Illinois Identification Card or an Illinois Person
10with a Disability Identification Card:
11 (1) when the holder voluntarily surrenders the
12 standard Illinois Identification Card or Illinois Person
13 with a Disability Identification Card and declares his or
14 her intention to do so in writing;
15 (2) upon the death of the holder;
16 (3) upon the refusal of the holder to correct or
17 update information contained on a standard Illinois
18 Identification Card or an Illinois Person with a
19 Disability Identification Card; and
20 (4) as the Secretary deems appropriate by
21 administrative rule.
22(Source: P.A. 101-185, eff. 1-1-20; revised 9-12-19.)
23 Section 70. The State Comptroller Act is amended by
24changing Sections 20 and 23.11 as follows:

SB2435 Enrolled- 101 -LRB102 04062 AMC 14078 b
1 (15 ILCS 405/20) (from Ch. 15, par. 220)
2 Sec. 20. Annual report. The Comptroller shall annually, as
3soon as possible after the close of the fiscal year but no
4later than December 31, make available on the Comptroller's
5website a report, showing the amount of warrants drawn on the
6treasury, on other funds held by the State Treasurer and on any
7public funds held by State agencies, during the preceding
8fiscal year, and stating, particularly, on what account they
9were drawn, and if drawn on the contingent fund, to whom and
10for what they were issued. He or she shall, also, at the same
11time, report the amount of money received into the treasury,
12into other funds held by the State Treasurer and into any other
13funds held by State agencies during the preceding fiscal year,
14and also a general account of all the business of his office
15during the preceding fiscal year. The report shall also
16summarize for the previous fiscal year the information
17required under Section 19.
18 Within 60 days after the expiration of each calendar year,
19the Comptroller shall compile, from records maintained and
20available in his office, a list of all persons including those
21employed in the Office of the Comptroller, who have been
22employed by the State during the past calendar year and paid
23from funds in the hands of the State Treasurer.
24 The list shall state in alphabetical order the name of
25each employee, the county in which he or she resides, the

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1position, and the total salary paid to him or her during the
2past calendar year, rounded to the nearest hundred dollars
3dollar. The list so compiled and arranged shall be kept on file
4in the office of the Comptroller and be open to inspection by
5the public at all times.
6 No person who utilizes the names obtained from this list
7for solicitation shall represent that such solicitation is
8authorized by any officer or agency of the State of Illinois.
9Violation of this provision is a business offense punishable
10by a fine not to exceed $3,000.
11(Source: P.A. 100-253, eff. 1-1-18; 101-34, eff. 6-28-19;
12101-620, eff. 12-20-19; revised 1-6-20.)
13 (15 ILCS 405/23.11)
14 Sec. 23.11. Illinois Bank On Initiative; Commission.
15 (a) The Illinois Bank On Initiative is created to increase
16the use of Certified Financial Products and reduce reliance on
17alternative financial products.
18 (b) The Illinois Bank On Initiative shall be administered
19by the Comptroller, and he or she shall be responsible for
20ongoing activities of the Initiative, including, but not
21limited to, the following:
22 (1) authorizing financial products as Certified
23 Financial Products;
24 (2) maintaining on the Comptroller's website a list of
25 Certified Financial Products and associated financial

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1 institutions;
2 (3) maintaining on the Comptroller's website the
3 minimum requirements of Certified Financial Products; and
4 (4) implementing an outreach strategy to facilitate
5 access to Certified Financial Products.
6 (c) The Illinois Bank On Initiative Commission is created,
7and shall be chaired by the Comptroller, or his or her
8designee, and consist of the following members appointed by
9the Comptroller: (1) 4 local elected officials from
10geographically diverse regions in this State, at least 2 of
11whom represent all or part of a census tract with a median
12household income of less than 150% of the federal poverty
13level; (2) 3 members representing financial institutions, one
14of whom represents a statewide banking association exclusively
15representing banks with assets below $20,000,000,000, one of
16whom represents a statewide banking association representing
17banks of all asset sizes, and one of whom represents a
18statewide association representing credit unions; (3) 4
19members representing community and social service groups; and
20(4) 2 federal or State financial regulators.
21 Members of the Commission shall serve 4-year 4 year terms.
22The Commission shall serve the Comptroller in an advisory
23capacity, and shall be responsible for advising the
24Comptroller regarding the implementation and promotion of the
25Illinois Bank On Initiative, but may at any time, by request of
26the Comptroller or on its own initiative, submit to the

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1Comptroller any recommendations concerning the operation of
2any participating financial institutions, outreach efforts, or
3other business coming before the Commission. Members of the
4Commission shall serve without compensation, but shall be
5reimbursed for reasonable travel and mileage costs.
6 (d) Beginning in October 2020, and for each year
7thereafter, the Comptroller and the Commission shall annually
8prepare and make available on the Comptroller's website a
9report concerning the progress of the Illinois Bank On
10Initiative.
11 (e) The Comptroller may adopt rules necessary to implement
12this Section.
13 (f) For the purposes of this Section:
14 "Certified Financial Product" means a financial product
15offered by a financial institution that meets minimum
16requirements as established by the Comptroller.
17 "Financial institution" means a bank, savings bank, or
18credit union chartered or organized under the laws of the
19State of Illinois, another state, or the United States of
20America that is:
21 (1) adequately capitalized as determined by its
22 prudential regulator; and
23 (2) insured by the Federal Deposit Insurance
24 Corporation, National Credit Union Administration, or
25 other approved insurer.
26(Source: P.A. 101-427, eff. 8-19-19; revised 11-21-19.)

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1 Section 75. The State Treasurer Act is amended by changing
2Sections 16.8 and 35 as follows:
3 (15 ILCS 505/16.8)
4 Sec. 16.8. Illinois Higher Education Savings Program.
5 (a) Definitions. As used in this Section:
6 "Beneficiary" means an eligible child named as a recipient
7of seed funds.
8 "College savings account" means a 529 plan account
9established under Section 16.5.
10 "Eligible child" means a child born or adopted after
11December 31, 2020, to a parent who is a resident of Illinois at
12the time of the birth or adoption, as evidenced by
13documentation received by the Treasurer from the Department of
14Revenue, the Department of Public Health, or another State or
15local government agency.
16 "Eligible educational institution" means institutions that
17are described in Section 1001 of the federal Higher Education
18Act of 1965 that are eligible to participate in Department of
19Education student aid programs.
20 "Fund" means the Illinois Higher Education Savings Program
21Fund.
22 "Omnibus account" means the pooled collection of seed
23funds owned and managed by the State Treasurer under this Act.
24 "Program" means the Illinois Higher Education Savings

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1Program.
2 "Qualified higher education expense" means the following:
3(i) tuition, fees, and the costs of books, supplies, and
4equipment required for enrollment or attendance at an eligible
5educational institution; (ii) expenses for special needs
6services, in the case of a special needs beneficiary, which
7are incurred in connection with such enrollment or attendance;
8(iii) certain expenses for the purchase of computer or
9peripheral equipment, computer software, or Internet access
10and related services as defined under Section 529 of the
11Internal Revenue Code; and (iv) room and board expenses
12incurred while attending an eligible educational institution
13at least half-time.
14 "Seed funds" means the deposit made by the State Treasurer
15into the Omnibus Accounts for Program beneficiaries.
16 (b) Program established. The State Treasurer shall
17establish the Illinois Higher Education Savings Program
18provided that sufficient funds are available. The State
19Treasurer shall administer the Program for the purposes of
20expanding access to higher education through savings.
21 (c) Program enrollment. The State Treasurer shall enroll
22all eligible children in the Program beginning in 2021, after
23receiving records of recent births, adoptions, or dependents
24from the Department of Revenue, the Department of Public
25Health, or another State or local government agency designated
26by the Treasurer. Notwithstanding any court order which would

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1otherwise prevent the release of information, the Department
2of Public Health is authorized to release the information
3specified under this subsection (c) to the State Treasurer for
4the purposes of the Program established under this Section.
5 (1) On and after the effective date of this amendatory
6 Act of the 101st General Assembly, the Department of
7 Revenue and the Department of Public Health shall provide
8 the State Treasurer with information on recent Illinois
9 births, adoptions and dependents including, but not
10 limited to: the full name, residential address, and birth
11 date of the child and the child's parent or legal guardian
12 for the purpose of enrolling eligible children in the
13 Program. This data shall be provided to the State
14 Treasurer by the Department of Revenue and the Department
15 of Public Health on a quarterly basis, no later than 30
16 days after the end of each quarter.
17 (2) The State Treasurer shall ensure the security and
18 confidentiality of the information provided by the
19 Department of Revenue, the Department of Public Health, or
20 another State or local government agency, and it shall not
21 be subject to release under the Freedom of Information
22 Act.
23 (3) Information provided under this Section shall only
24 be used by the State Treasurer for the Program and shall
25 not be used for any other purpose.
26 (4) The State Treasurer and any vendors working on the

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1 Program shall maintain strict confidentiality of any
2 information provided under this Section, and shall
3 promptly provide written or electronic notice to the
4 providing agency of any security breach. The providing
5 State or local government agency shall remain the sole and
6 exclusive owner of information provided under this
7 Section.
8 (d) Seed funds. After receiving information on recent
9births, adoptions, or dependents from the Department of
10Revenue, the Department of Public Health, or another State or
11local government agency, the State Treasurer shall make a
12deposit into an omnibus account of the Fund on behalf of each
13eligible child. The State Treasurer shall be the owner of the
14omnibus accounts. The deposit of seed funds shall be subject
15to appropriation by the General Assembly.
16 (1) Deposit amount. The seed fund deposit for each
17 eligible child shall be in the amount of $50. This amount
18 may be increased by the State Treasurer by rule. The State
19 Treasurer may use or deposit funds appropriated by the
20 General Assembly together with moneys received as gifts,
21 grants, or contributions into the Fund. If insufficient
22 funds are available in the Fund, the State Treasurer may
23 reduce the deposit amount or forego deposits.
24 (2) Use of seed funds. Seed funds, including any
25 interest, dividends, and other earnings accrued, will be
26 eligible for use by a beneficiary for qualified higher

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1 education expenses if:
2 (A) the parent or guardian of the eligible child
3 claimed the seed funds for the beneficiary by the
4 beneficiary's 10th birthday;
5 (B) the beneficiary has completed secondary
6 education or has reached the age of 18; and
7 (C) the beneficiary is currently a resident of the
8 State of Illinois. Non-residents are not eligible to
9 claim or use seed funds.
10 (3) Notice of seed fund availability. The State
11 Treasurer shall make a good faith effort to notify
12 beneficiaries and their parents or legal guardians of the
13 seed funds' availability and the deadline to claim such
14 funds.
15 (4) Unclaimed seed funds. Seed funds that are
16 unclaimed by the beneficiary's 10th birthday or unused by
17 the beneficiary's 26th birthday will be considered
18 forfeited. Unclaimed and unused seed funds will remain in
19 the omnibus account for future beneficiaries.
20 (e) Financial education. The State Treasurer may develop
21educational materials that support the financial literacy of
22beneficiaries and their legal guardians, and may do so in
23collaboration with State and federal agencies, including, but
24not limited to, the Illinois State Board of Education and
25existing nonprofit agencies with expertise in financial
26literacy and education.

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1 (f) Incentives and partnerships. The State Treasurer may
2develop partnerships with private, nonprofit, or governmental
3organizations to provide additional incentives for eligible
4children, including conditional cash transfers or matching
5contributions that provide a savings incentive based on
6specific actions taken or other criteria.
7 (g) Illinois Higher Education Savings Program Fund. The
8Illinois Higher Education Savings Program Fund is hereby
9established. The Fund shall be the official repository of all
10contributions, appropriations, interest, and dividend
11payments, gifts, or other financial assets received by the
12State Treasurer in connection with the operation of the
13Program or related partnerships. All such moneys shall be
14deposited in the Fund and held by the State Treasurer as
15custodian thereof, outside of the State treasury, separate and
16apart from all public moneys or funds of this State. The State
17Treasurer may accept gifts, grants, awards, matching
18contributions, interest income, and appropriations from
19individuals, businesses, governments, and other third-party
20sources to implement the Program on terms that the Treasurer
21deems advisable. All interest or other earnings accruing or
22received on amounts in the Illinois Higher Education Savings
23Program Fund shall be credited to and retained by the Fund and
24used for the benefit of the Program. Assets of the Fund must at
25all times be preserved, invested, and expended only for the
26purposes of the Program and must be held for the benefit of the

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1beneficiaries. Assets may not be transferred or used by the
2State or the State Treasurer for any purposes other than the
3purposes of the Program. In addition, no moneys, interest, or
4other earnings paid into the Fund shall be used, temporarily
5or otherwise, for inter-fund borrowing or be otherwise used or
6appropriated except as expressly authorized by this Act.
7Notwithstanding the requirements of this subsection (f),
8amounts in the Fund may be used by the State Treasurer to pay
9the administrative costs of the Program.
10 (h) Audits and reports. The State Treasurer shall include
11the Illinois Higher Education Savings Program as part of the
12audit of the College Savings Pool described in Section 16.5.
13The State Treasurer shall annually prepare a report that
14includes a summary of the Program operations for the preceding
15fiscal year, including the number of children enrolled in the
16Program, the total amount of seed fund deposits, and such
17other information that is relevant to make a full disclosure
18of the operations of the Program and Fund. The report shall be
19made available on the Treasurer's website by January 31 each
20year, starting in January of 2022. The State Treasurer may
21include the Program in other reports as warranted.
22 (i) Rules. The State Treasurer may adopt rules necessary
23to implement this Section.
24(Source: P.A. 101-466, eff. 1-1-20; revised 11-21-19.)
25 (15 ILCS 505/35)

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1 Sec. 35. State Treasurer may purchase real property.
2 (a) Subject to the provisions of the Public Contract Fraud
3Act, the State Treasurer, on behalf of the State of Illinois,
4is authorized during State fiscal years 2019 and 2020 to
5acquire real property located in the City of Springfield,
6Illinois which the State Treasurer deems necessary to properly
7carry out the powers and duties vested in him or her. Real
8property acquired under this Section may be acquired subject
9to any third party interests in the property that do not
10prevent the State Treasurer from exercising the intended
11beneficial use of such property.
12 (b) Subject to the provisions of the Treasurer's
13Procurement Rules, which shall be substantially in accordance
14with the requirements of the Illinois Procurement Code, the
15State Treasurer may:
16 (1) enter into contracts relating to construction,
17 reconstruction or renovation projects for any such
18 buildings or lands acquired pursuant to subsection
19 paragraph (a); and
20 (2) equip, lease, operate and maintain those grounds,
21 buildings and facilities as may be appropriate to carry
22 out his or her statutory purposes and duties.
23 (c) The State Treasurer may enter into agreements with any
24person with respect to the use and occupancy of the grounds,
25buildings, and facilities of the State Treasurer, including
26concession, license, and lease agreements on terms and

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1conditions as the State Treasurer determines and in accordance
2with the procurement processes for the Office of the State
3Treasurer, which shall be substantially in accordance with the
4requirements of the Illinois Procurement Code.
5 (d) The exercise of the authority vested in the Treasurer
6by this Section is subject to the appropriation of the
7necessary funds.
8(Source: P.A. 101-487, eff. 8-23-19; revised 11-21-19.)
9 Section 80. The Deposit of State Moneys Act is amended by
10changing Sections 10, 16, and 22.5 as follows:
11 (15 ILCS 520/10) (from Ch. 130, par. 29)
12 Sec. 10. The State Treasurer may enter into an agreement
13in conformity with this Act with any bank or savings and loan
14association relating to the deposit of securities. Such
15agreement may authorize the holding by such bank or savings
16and loan association of such securities in custody and
17safekeeping solely under the instructions of the State
18Treasurer either (a) in the office of such bank or savings and
19loan association, or under the custody and safekeeping of
20another bank or savings and loan association in this State for
21the depository bank or savings and loan association, or (b) in
22a bank or a depository trust company in the United States if
23the securities to be deposited are held in custody and
24safekeeping for such bank or savings and loan association.

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1(Source: P.A. 101-206, eff. 8-2-19; revised 9-12-19.)
2 (15 ILCS 520/16) (from Ch. 130, par. 35)
3 Sec. 16. Daily balance statements. Each bank or savings
4and loan association shall on or before the last Monday of each
5month receive from the State Treasurer a statement showing
6separately the daily balances or amounts of moneys held by it
7under the provisions of this Act during the calendar month
8then next preceding; and the amounts of accrued interest
9thereon. One , one copy of the which statement shall be filed in
10the office of the State Treasurer, and the other in the office
11of the receiving bank or savings and loan association,. The
12statement shall contain a certificate that no other fees,
13perquisites or emoluments have been paid to or held for the
14benefit of any public officer or any other person, or on
15account of the deposit of the moneys, and that no contract or
16agreement of any kind whatever has been entered into for the
17payment to any public officer, or any other person, of any fee,
18perquisite, or emolument on account of the deposit of the
19moneys. The statement to be filed in the office of the
20receiving bank or savings and loan association shall be
21verified by the oath of the cashier or of an assistant cashier
22of the bank or savings and loan association.
23(Source: P.A. 87-510; revised 8-18-20.)
24 (15 ILCS 520/22.5) (from Ch. 130, par. 41a)

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1 (For force and effect of certain provisions, see Section
290 of P.A. 94-79)
3 Sec. 22.5. Permitted investments. The State Treasurer may,
4with the approval of the Governor, invest and reinvest any
5State money in the treasury which is not needed for current
6expenditures due or about to become due, in obligations of the
7United States government or its agencies or of National
8Mortgage Associations established by or under the National
9Housing Act, 12 U.S.C. 1701 et seq., or in mortgage
10participation certificates representing undivided interests in
11specified, first-lien conventional residential Illinois
12mortgages that are underwritten, insured, guaranteed, or
13purchased by the Federal Home Loan Mortgage Corporation or in
14Affordable Housing Program Trust Fund Bonds or Notes as
15defined in and issued pursuant to the Illinois Housing
16Development Act. All such obligations shall be considered as
17cash and may be delivered over as cash by a State Treasurer to
18his successor.
19 The State Treasurer may, with the approval of the
20Governor, purchase any state bonds with any money in the State
21Treasury that has been set aside and held for the payment of
22the principal of and interest on the bonds. The bonds shall be
23considered as cash and may be delivered over as cash by the
24State Treasurer to his successor.
25 The State Treasurer may, with the approval of the
26Governor, invest or reinvest any State money in the treasury

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1that is not needed for current expenditure due or about to
2become due, or any money in the State Treasury that has been
3set aside and held for the payment of the principal of and the
4interest on any State bonds, in shares, withdrawable accounts,
5and investment certificates of savings and building and loan
6associations, incorporated under the laws of this State or any
7other state or under the laws of the United States; provided,
8however, that investments may be made only in those savings
9and loan or building and loan associations the shares and
10withdrawable accounts or other forms of investment securities
11of which are insured by the Federal Deposit Insurance
12Corporation.
13 The State Treasurer may not invest State money in any
14savings and loan or building and loan association unless a
15commitment by the savings and loan (or building and loan)
16association, executed by the president or chief executive
17officer of that association, is submitted in the following
18form:
19 The .................. Savings and Loan (or Building
20 and Loan) Association pledges not to reject arbitrarily
21 mortgage loans for residential properties within any
22 specific part of the community served by the savings and
23 loan (or building and loan) association because of the
24 location of the property. The savings and loan (or
25 building and loan) association also pledges to make loans
26 available on low and moderate income residential property

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1 throughout the community within the limits of its legal
2 restrictions and prudent financial practices.
3 The State Treasurer may, with the approval of the
4Governor, invest or reinvest any State money in the treasury
5that is not needed for current expenditures due or about to
6become due, or any money in the State Treasury that has been
7set aside and held for the payment of the principal of and
8interest on any State bonds, in bonds issued by counties or
9municipal corporations of the State of Illinois.
10 The State Treasurer may invest or reinvest up to 5% of the
11College Savings Pool Administrative Trust Fund, the Illinois
12Public Treasurer Investment Pool (IPTIP) Administrative Trust
13Fund, and the State Treasurer's Administrative Fund that is
14not needed for current expenditures due or about to become
15due, in common or preferred stocks of publicly traded
16corporations, partnerships, or limited liability companies,
17organized in the United States, with assets exceeding
18$500,000,000 if: (i) the purchases do not exceed 1% of the
19corporation's or the limited liability company's outstanding
20common and preferred stock; (ii) no more than 10% of the total
21funds are invested in any one publicly traded corporation,
22partnership, or limited liability company; and (iii) the
23corporation or the limited liability company has not been
24placed on the list of restricted companies by the Illinois
25Investment Policy Board under Section 1-110.16 of the Illinois
26Pension Code.

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1 The State Treasurer may, with the approval of the
2Governor, invest or reinvest any State money in the Treasury
3which is not needed for current expenditure, due or about to
4become due, or any money in the State Treasury which has been
5set aside and held for the payment of the principal of and the
6interest on any State bonds, in participations in loans, the
7principal of which participation is fully guaranteed by an
8agency or instrumentality of the United States government;
9provided, however, that such loan participations are
10represented by certificates issued only by banks which are
11incorporated under the laws of this State or any other state or
12under the laws of the United States, and such banks, but not
13the loan participation certificates, are insured by the
14Federal Deposit Insurance Corporation.
15 Whenever the total amount of vouchers presented to the
16Comptroller under Section 9 of the State Comptroller Act
17exceeds the funds available in the General Revenue Fund by
18$1,000,000,000 or more, then the State Treasurer may invest
19any State money in the Treasury, other than money in the
20General Revenue Fund, Health Insurance Reserve Fund, Attorney
21General Court Ordered and Voluntary Compliance Payment
22Projects Fund, Attorney General Whistleblower Reward and
23Protection Fund, and Attorney General's State Projects and
24Court Ordered Distribution Fund, which is not needed for
25current expenditures, due or about to become due, or any money
26in the State Treasury which has been set aside and held for the

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1payment of the principal of and the interest on any State bonds
2with the Office of the Comptroller in order to enable the
3Comptroller to pay outstanding vouchers. At any time, and from
4time to time outstanding, such investment shall not be greater
5than $2,000,000,000. Such investment shall be deposited into
6the General Revenue Fund or Health Insurance Reserve Fund as
7determined by the Comptroller. Such investment shall be repaid
8by the Comptroller with an interest rate tied to the London
9Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
10equivalent market established variable rate, but in no case
11shall such interest rate exceed the lesser of the penalty rate
12established under the State Prompt Payment Act or the timely
13pay interest rate under Section 368a of the Illinois Insurance
14Code. The State Treasurer and the Comptroller shall enter into
15an intergovernmental agreement to establish procedures for
16such investments, which market established variable rate to
17which the interest rate for the investments should be tied,
18and other terms which the State Treasurer and Comptroller
19reasonably believe to be mutually beneficial concerning these
20investments by the State Treasurer. The State Treasurer and
21Comptroller shall also enter into a written agreement for each
22such investment that specifies the period of the investment,
23the payment interval, the interest rate to be paid, the funds
24in the Treasury from which the Treasurer will draw the
25investment, and other terms upon which the State Treasurer and
26Comptroller mutually agree. Such investment agreements shall

SB2435 Enrolled- 120 -LRB102 04062 AMC 14078 b
1be public records and the State Treasurer shall post the terms
2of all such investment agreements on the State Treasurer's
3official website. In compliance with the intergovernmental
4agreement, the Comptroller shall order and the State Treasurer
5shall transfer amounts sufficient for the payment of principal
6and interest invested by the State Treasurer with the Office
7of the Comptroller under this paragraph from the General
8Revenue Fund or the Health Insurance Reserve Fund to the
9respective funds in the Treasury from which the State
10Treasurer drew the investment. Public Act 100-1107 shall
11constitute an irrevocable and continuing authority for all
12amounts necessary for the payment of principal and interest on
13the investments made with the Office of the Comptroller by the
14State Treasurer under this paragraph, and the irrevocable and
15continuing authority for and direction to the Comptroller and
16Treasurer to make the necessary transfers.
17 The State Treasurer may, with the approval of the
18Governor, invest or reinvest any State money in the Treasury
19that is not needed for current expenditure, due or about to
20become due, or any money in the State Treasury that has been
21set aside and held for the payment of the principal of and the
22interest on any State bonds, in any of the following:
23 (1) Bonds, notes, certificates of indebtedness,
24 Treasury bills, or other securities now or hereafter
25 issued that are guaranteed by the full faith and credit of
26 the United States of America as to principal and interest.

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1 (2) Bonds, notes, debentures, or other similar
2 obligations of the United States of America, its agencies,
3 and instrumentalities.
4 (2.5) Bonds, notes, debentures, or other similar
5 obligations of a foreign government, other than the
6 Republic of the Sudan, that are guaranteed by the full
7 faith and credit of that government as to principal and
8 interest, but only if the foreign government has not
9 defaulted and has met its payment obligations in a timely
10 manner on all similar obligations for a period of at least
11 25 years immediately before the time of acquiring those
12 obligations.
13 (3) Interest-bearing savings accounts,
14 interest-bearing certificates of deposit,
15 interest-bearing time deposits, or any other investments
16 constituting direct obligations of any bank as defined by
17 the Illinois Banking Act.
18 (4) Interest-bearing accounts, certificates of
19 deposit, or any other investments constituting direct
20 obligations of any savings and loan associations
21 incorporated under the laws of this State or any other
22 state or under the laws of the United States.
23 (5) Dividend-bearing share accounts, share certificate
24 accounts, or class of share accounts of a credit union
25 chartered under the laws of this State or the laws of the
26 United States; provided, however, the principal office of

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

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1 classifications established by at least 2 standard rating
2 services and mature more than 270 days, but less than 10
3 years, from the date of purchase; (ii) the purchases do
4 not exceed 10% of the corporation's or the limited
5 liability company's outstanding obligations; (iii) no more
6 than one-third of the public agency's funds are invested
7 in such obligations of corporations or limited liability
8 companies; and (iv) the corporation or the limited
9 liability company has not been placed on the list of
10 restricted companies by the Illinois Investment Policy
11 Board under Section 1-110.16 of the Illinois Pension Code.
12 (8) Money market mutual funds registered under the
13 Investment Company Act of 1940.
14 (9) The Public Treasurers' Investment Pool created
15 under Section 17 of the State Treasurer Act or in a fund
16 managed, operated, and administered by a bank.
17 (10) Repurchase agreements of government securities
18 having the meaning set out in the Government Securities
19 Act of 1986, as now or hereafter amended or succeeded,
20 subject to the provisions of that Act and the regulations
21 issued thereunder.
22 (11) Investments made in accordance with the
23 Technology Development Act.
24 (12) Investments made in accordance with the Student
25 Investment Account Act.
26 For purposes of this Section, "agencies" of the United

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1States Government includes:
2 (i) the federal land banks, federal intermediate
3 credit banks, banks for cooperatives, federal farm credit
4 banks, or any other entity authorized to issue debt
5 obligations under the Farm Credit Act of 1971 (12 U.S.C.
6 2001 et seq.) and Acts amendatory thereto;
7 (ii) the federal home loan banks and the federal home
8 loan mortgage corporation;
9 (iii) the Commodity Credit Corporation; and
10 (iv) any other agency created by Act of Congress.
11 The Treasurer may, with the approval of the Governor, lend
12any securities acquired under this Act. However, securities
13may be lent under this Section only in accordance with Federal
14Financial Institution Examination Council guidelines and only
15if the securities are collateralized at a level sufficient to
16assure the safety of the securities, taking into account
17market value fluctuation. The securities may be collateralized
18by cash or collateral acceptable under Sections 11 and 11.1.
19(Source: P.A. 100-1107, eff. 8-27-18; 101-81, eff. 7-12-19;
20101-206, eff. 8-2-19; 101-586, eff. 8-26-19; revised 9-25-19.)
21 Section 85. The Civil Administrative Code of Illinois is
22amended by changing Section 5-565 as follows:
23 (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
24 Sec. 5-565. In the Department of Public Health.

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1 (a) The General Assembly declares it to be the public
2policy of this State that all citizens of Illinois are
3entitled to lead healthy lives. Governmental public health has
4a specific responsibility to ensure that a public health
5system is in place to allow the public health mission to be
6achieved. The public health system is the collection of
7public, private, and voluntary entities as well as individuals
8and informal associations that contribute to the public's
9health within the State. To develop a public health system
10requires certain core functions to be performed by government.
11The State Board of Health is to assume the leadership role in
12advising the Director in meeting the following functions:
13 (1) Needs assessment.
14 (2) Statewide health objectives.
15 (3) Policy development.
16 (4) Assurance of access to necessary services.
17 There shall be a State Board of Health composed of 20
18persons, all of whom shall be appointed by the Governor, with
19the advice and consent of the Senate for those appointed by the
20Governor on and after June 30, 1998, and one of whom shall be a
21senior citizen age 60 or over. Five members shall be
22physicians licensed to practice medicine in all its branches,
23one representing a medical school faculty, one who is board
24certified in preventive medicine, and one who is engaged in
25private practice. One member shall be a chiropractic
26physician. One member shall be a dentist; one an environmental

SB2435 Enrolled- 126 -LRB102 04062 AMC 14078 b
1health practitioner; one a local public health administrator;
2one a local board of health member; one a registered nurse; one
3a physical therapist; one an optometrist; one a veterinarian;
4one a public health academician; one a health care industry
5representative; one a representative of the business
6community; one a representative of the non-profit public
7interest community; and 2 shall be citizens at large.
8 The terms of Board of Health members shall be 3 years,
9except that members shall continue to serve on the Board of
10Health until a replacement is appointed. Upon the effective
11date of Public Act 93-975 (January 1, 2005) this amendatory
12Act of the 93rd General Assembly, in the appointment of the
13Board of Health members appointed to vacancies or positions
14with terms expiring on or before December 31, 2004, the
15Governor shall appoint up to 6 members to serve for terms of 3
16years; up to 6 members to serve for terms of 2 years; and up to
175 members to serve for a term of one year, so that the term of
18no more than 6 members expire in the same year. All members
19shall be legal residents of the State of Illinois. The duties
20of the Board shall include, but not be limited to, the
21following:
22 (1) To advise the Department of ways to encourage
23 public understanding and support of the Department's
24 programs.
25 (2) To evaluate all boards, councils, committees,
26 authorities, and bodies advisory to, or an adjunct of, the

SB2435 Enrolled- 127 -LRB102 04062 AMC 14078 b
1 Department of Public Health or its Director for the
2 purpose of recommending to the Director one or more of the
3 following:
4 (i) The elimination of bodies whose activities are
5 not consistent with goals and objectives of the
6 Department.
7 (ii) The consolidation of bodies whose activities
8 encompass compatible programmatic subjects.
9 (iii) The restructuring of the relationship
10 between the various bodies and their integration
11 within the organizational structure of the Department.
12 (iv) The establishment of new bodies deemed
13 essential to the functioning of the Department.
14 (3) To serve as an advisory group to the Director for
15 public health emergencies and control of health hazards.
16 (4) To advise the Director regarding public health
17 policy, and to make health policy recommendations
18 regarding priorities to the Governor through the Director.
19 (5) To present public health issues to the Director
20 and to make recommendations for the resolution of those
21 issues.
22 (6) To recommend studies to delineate public health
23 problems.
24 (7) To make recommendations to the Governor through
25 the Director regarding the coordination of State public
26 health activities with other State and local public health

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1 agencies and organizations.
2 (8) To report on or before February 1 of each year on
3 the health of the residents of Illinois to the Governor,
4 the General Assembly, and the public.
5 (9) To review the final draft of all proposed
6 administrative rules, other than emergency or peremptory
7 preemptory rules and those rules that another advisory
8 body must approve or review within a statutorily defined
9 time period, of the Department after September 19, 1991
10 (the effective date of Public Act 87-633). The Board shall
11 review the proposed rules within 90 days of submission by
12 the Department. The Department shall take into
13 consideration any comments and recommendations of the
14 Board regarding the proposed rules prior to submission to
15 the Secretary of State for initial publication. If the
16 Department disagrees with the recommendations of the
17 Board, it shall submit a written response outlining the
18 reasons for not accepting the recommendations.
19 In the case of proposed administrative rules or
20 amendments to administrative rules regarding immunization
21 of children against preventable communicable diseases
22 designated by the Director under the Communicable Disease
23 Prevention Act, after the Immunization Advisory Committee
24 has made its recommendations, the Board shall conduct 3
25 public hearings, geographically distributed throughout the
26 State. At the conclusion of the hearings, the State Board

SB2435 Enrolled- 129 -LRB102 04062 AMC 14078 b
1 of Health shall issue a report, including its
2 recommendations, to the Director. The Director shall take
3 into consideration any comments or recommendations made by
4 the Board based on these hearings.
5 (10) To deliver to the Governor for presentation to
6 the General Assembly a State Health Improvement Plan. The
7 first 3 such plans shall be delivered to the Governor on
8 January 1, 2006, January 1, 2009, and January 1, 2016 and
9 then every 5 years thereafter.
10 The Plan shall recommend priorities and strategies to
11 improve the public health system and the health status of
12 Illinois residents, taking into consideration national
13 health objectives and system standards as frameworks for
14 assessment.
15 The Plan shall also take into consideration priorities
16 and strategies developed at the community level through
17 the Illinois Project for Local Assessment of Needs (IPLAN)
18 and any regional health improvement plans that may be
19 developed. The Plan shall focus on prevention as a key
20 strategy for long-term health improvement in Illinois.
21 The Plan shall examine and make recommendations on the
22 contributions and strategies of the public and private
23 sectors for improving health status and the public health
24 system in the State. In addition to recommendations on
25 health status improvement priorities and strategies for
26 the population of the State as a whole, the Plan shall make

SB2435 Enrolled- 130 -LRB102 04062 AMC 14078 b
1 recommendations regarding priorities and strategies for
2 reducing and eliminating health disparities in Illinois;
3 including racial, ethnic, gender, age, socio-economic, and
4 geographic disparities.
5 The Director of the Illinois Department of Public
6 Health shall appoint a Planning Team that includes a range
7 of public, private, and voluntary sector stakeholders and
8 participants in the public health system. This Team shall
9 include: the directors of State agencies with public
10 health responsibilities (or their designees), including,
11 but not limited to, the Illinois Departments of Public
12 Health and Department of Human Services, representatives
13 of local health departments, representatives of local
14 community health partnerships, and individuals with
15 expertise who represent an array of organizations and
16 constituencies engaged in public health improvement and
17 prevention.
18 The State Board of Health shall hold at least 3 public
19 hearings addressing drafts of the Plan in representative
20 geographic areas of the State. Members of the Planning
21 Team shall receive no compensation for their services, but
22 may be reimbursed for their necessary expenses.
23 Upon the delivery of each State Health Improvement
24 Plan, the Governor shall appoint a SHIP Implementation
25 Coordination Council that includes a range of public,
26 private, and voluntary sector stakeholders and

SB2435 Enrolled- 131 -LRB102 04062 AMC 14078 b
1 participants in the public health system. The Council
2 shall include the directors of State agencies and entities
3 with public health system responsibilities (or their
4 designees), including, but not limited to, the Department
5 of Public Health, Department of Human Services, Department
6 of Healthcare and Family Services, Environmental
7 Protection Agency, Illinois State Board of Education,
8 Department on Aging, Illinois Violence Prevention
9 Authority, Department of Agriculture, Department of
10 Insurance, Department of Financial and Professional
11 Regulation, Department of Transportation, and Department
12 of Commerce and Economic Opportunity and the Chair of the
13 State Board of Health. The Council shall include
14 representatives of local health departments and
15 individuals with expertise who represent an array of
16 organizations and constituencies engaged in public health
17 improvement and prevention, including non-profit public
18 interest groups, health issue groups, faith community
19 groups, health care providers, businesses and employers,
20 academic institutions, and community-based organizations.
21 The Governor shall endeavor to make the membership of the
22 Council representative of the racial, ethnic, gender,
23 socio-economic, and geographic diversity of the State. The
24 Governor shall designate one State agency representative
25 and one other non-governmental member as co-chairs of the
26 Council. The Governor shall designate a member of the

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1 Governor's office to serve as liaison to the Council and
2 one or more State agencies to provide or arrange for
3 support to the Council. The members of the SHIP
4 Implementation Coordination Council for each State Health
5 Improvement Plan shall serve until the delivery of the
6 subsequent State Health Improvement Plan, whereupon a new
7 Council shall be appointed. Members of the SHIP Planning
8 Team may serve on the SHIP Implementation Coordination
9 Council if so appointed by the Governor.
10 The SHIP Implementation Coordination Council shall
11 coordinate the efforts and engagement of the public,
12 private, and voluntary sector stakeholders and
13 participants in the public health system to implement each
14 SHIP. The Council shall serve as a forum for collaborative
15 action; coordinate existing and new initiatives; develop
16 detailed implementation steps, with mechanisms for action;
17 implement specific projects; identify public and private
18 funding sources at the local, State and federal level;
19 promote public awareness of the SHIP; advocate for the
20 implementation of the SHIP; and develop an annual report
21 to the Governor, General Assembly, and public regarding
22 the status of implementation of the SHIP. The Council
23 shall not, however, have the authority to direct any
24 public or private entity to take specific action to
25 implement the SHIP.
26 (11) Upon the request of the Governor, to recommend to

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1 the Governor candidates for Director of Public Health when
2 vacancies occur in the position.
3 (12) To adopt bylaws for the conduct of its own
4 business, including the authority to establish ad hoc
5 committees to address specific public health programs
6 requiring resolution.
7 (13) (Blank).
8 Upon appointment, the Board shall elect a chairperson from
9among its members.
10 Members of the Board shall receive compensation for their
11services at the rate of $150 per day, not to exceed $10,000 per
12year, as designated by the Director for each day required for
13transacting the business of the Board and shall be reimbursed
14for necessary expenses incurred in the performance of their
15duties. The Board shall meet from time to time at the call of
16the Department, at the call of the chairperson, or upon the
17request of 3 of its members, but shall not meet less than 4
18times per year.
19 (b) (Blank).
20 (c) An Advisory Board on Necropsy Service to Coroners,
21which shall counsel and advise with the Director on the
22administration of the Autopsy Act. The Advisory Board shall
23consist of 11 members, including a senior citizen age 60 or
24over, appointed by the Governor, one of whom shall be
25designated as chairman by a majority of the members of the
26Board. In the appointment of the first Board the Governor

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1shall appoint 3 members to serve for terms of 1 year, 3 for
2terms of 2 years, and 3 for terms of 3 years. The members first
3appointed under Public Act 83-1538 shall serve for a term of 3
4years. All members appointed thereafter shall be appointed for
5terms of 3 years, except that when an appointment is made to
6fill a vacancy, the appointment shall be for the remaining
7term of the position vacant. The members of the Board shall be
8citizens of the State of Illinois. In the appointment of
9members of the Advisory Board the Governor shall appoint 3
10members who shall be persons licensed to practice medicine and
11surgery in the State of Illinois, at least 2 of whom shall have
12received post-graduate training in the field of pathology; 3
13members who are duly elected coroners in this State; and 5
14members who shall have interest and abilities in the field of
15forensic medicine but who shall be neither persons licensed to
16practice any branch of medicine in this State nor coroners. In
17the appointment of medical and coroner members of the Board,
18the Governor shall invite nominations from recognized medical
19and coroners organizations in this State respectively. Board
20members, while serving on business of the Board, shall receive
21actual necessary travel and subsistence expenses while so
22serving away from their places of residence.
23(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
24revised 7-17-19.)
25 Section 90. The Children and Family Services Act is

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1amended by changing Section 5 and by setting forth,
2renumbering, and changing multiple versions of Section 42 as
3follows:
4 (20 ILCS 505/5) (from Ch. 23, par. 5005)
5 Sec. 5. Direct child welfare services; Department of
6Children and Family Services. To provide direct child welfare
7services when not available through other public or private
8child care or program facilities.
9 (a) For purposes of this Section:
10 (1) "Children" means persons found within the State
11 who are under the age of 18 years. The term also includes
12 persons under age 21 who:
13 (A) were committed to the Department pursuant to
14 the Juvenile Court Act or the Juvenile Court Act of
15 1987, as amended, and who continue under the
16 jurisdiction of the court; or
17 (B) were accepted for care, service and training
18 by the Department prior to the age of 18 and whose best
19 interest in the discretion of the Department would be
20 served by continuing that care, service and training
21 because of severe emotional disturbances, physical
22 disability, social adjustment or any combination
23 thereof, or because of the need to complete an
24 educational or vocational training program.
25 (2) "Homeless youth" means persons found within the

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1 State who are under the age of 19, are not in a safe and
2 stable living situation and cannot be reunited with their
3 families.
4 (3) "Child welfare services" means public social
5 services which are directed toward the accomplishment of
6 the following purposes:
7 (A) protecting and promoting the health, safety
8 and welfare of children, including homeless,
9 dependent, or neglected children;
10 (B) remedying, or assisting in the solution of
11 problems which may result in, the neglect, abuse,
12 exploitation, or delinquency of children;
13 (C) preventing the unnecessary separation of
14 children from their families by identifying family
15 problems, assisting families in resolving their
16 problems, and preventing the breakup of the family
17 where the prevention of child removal is desirable and
18 possible when the child can be cared for at home
19 without endangering the child's health and safety;
20 (D) restoring to their families children who have
21 been removed, by the provision of services to the
22 child and the families when the child can be cared for
23 at home without endangering the child's health and
24 safety;
25 (E) placing children in suitable adoptive homes,
26 in cases where restoration to the biological family is

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1 not safe, possible, or appropriate;
2 (F) assuring safe and adequate care of children
3 away from their homes, in cases where the child cannot
4 be returned home or cannot be placed for adoption. At
5 the time of placement, the Department shall consider
6 concurrent planning, as described in subsection (l-1)
7 of this Section so that permanency may occur at the
8 earliest opportunity. Consideration should be given so
9 that if reunification fails or is delayed, the
10 placement made is the best available placement to
11 provide permanency for the child;
12 (G) (blank);
13 (H) (blank); and
14 (I) placing and maintaining children in facilities
15 that provide separate living quarters for children
16 under the age of 18 and for children 18 years of age
17 and older, unless a child 18 years of age is in the
18 last year of high school education or vocational
19 training, in an approved individual or group treatment
20 program, in a licensed shelter facility, or secure
21 child care facility. The Department is not required to
22 place or maintain children:
23 (i) who are in a foster home, or
24 (ii) who are persons with a developmental
25 disability, as defined in the Mental Health and
26 Developmental Disabilities Code, or

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1 (iii) who are female children who are
2 pregnant, pregnant and parenting, or parenting, or
3 (iv) who are siblings, in facilities that
4 provide separate living quarters for children 18
5 years of age and older and for children under 18
6 years of age.
7 (b) (Blank).
8 (c) The Department shall establish and maintain
9tax-supported child welfare services and extend and seek to
10improve voluntary services throughout the State, to the end
11that services and care shall be available on an equal basis
12throughout the State to children requiring such services.
13 (d) The Director may authorize advance disbursements for
14any new program initiative to any agency contracting with the
15Department. As a prerequisite for an advance disbursement, the
16contractor must post a surety bond in the amount of the advance
17disbursement and have a purchase of service contract approved
18by the Department. The Department may pay up to 2 months
19operational expenses in advance. The amount of the advance
20disbursement shall be prorated over the life of the contract
21or the remaining months of the fiscal year, whichever is less,
22and the installment amount shall then be deducted from future
23bills. Advance disbursement authorizations for new initiatives
24shall not be made to any agency after that agency has operated
25during 2 consecutive fiscal years. The requirements of this
26Section concerning advance disbursements shall not apply with

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1respect to the following: payments to local public agencies
2for child day care services as authorized by Section 5a of this
3Act; and youth service programs receiving grant funds under
4Section 17a-4.
5 (e) (Blank).
6 (f) (Blank).
7 (g) The Department shall establish rules and regulations
8concerning its operation of programs designed to meet the
9goals of child safety and protection, family preservation,
10family reunification, and adoption, including, but not limited
11to:
12 (1) adoption;
13 (2) foster care;
14 (3) family counseling;
15 (4) protective services;
16 (5) (blank);
17 (6) homemaker service;
18 (7) return of runaway children;
19 (8) (blank);
20 (9) placement under Section 5-7 of the Juvenile Court
21 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
22 Court Act of 1987 in accordance with the federal Adoption
23 Assistance and Child Welfare Act of 1980; and
24 (10) interstate services.
25 Rules and regulations established by the Department shall
26include provisions for training Department staff and the staff

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1of Department grantees, through contracts with other agencies
2or resources, in screening techniques to identify substance
3use disorders, as defined in the Substance Use Disorder Act,
4approved by the Department of Human Services, as a successor
5to the Department of Alcoholism and Substance Abuse, for the
6purpose of identifying children and adults who should be
7referred for an assessment at an organization appropriately
8licensed by the Department of Human Services for substance use
9disorder treatment.
10 (h) If the Department finds that there is no appropriate
11program or facility within or available to the Department for
12a youth in care and that no licensed private facility has an
13adequate and appropriate program or none agrees to accept the
14youth in care, the Department shall create an appropriate
15individualized, program-oriented plan for such youth in care.
16The plan may be developed within the Department or through
17purchase of services by the Department to the extent that it is
18within its statutory authority to do.
19 (i) Service programs shall be available throughout the
20State and shall include but not be limited to the following
21services:
22 (1) case management;
23 (2) homemakers;
24 (3) counseling;
25 (4) parent education;
26 (5) day care; and

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1 (6) emergency assistance and advocacy.
2 In addition, the following services may be made available
3to assess and meet the needs of children and families:
4 (1) comprehensive family-based services;
5 (2) assessments;
6 (3) respite care; and
7 (4) in-home health services.
8 The Department shall provide transportation for any of the
9services it makes available to children or families or for
10which it refers children or families.
11 (j) The Department may provide categories of financial
12assistance and education assistance grants, and shall
13establish rules and regulations concerning the assistance and
14grants, to persons who adopt children with physical or mental
15disabilities, children who are older, or other hard-to-place
16children who (i) immediately prior to their adoption were
17youth in care or (ii) were determined eligible for financial
18assistance with respect to a prior adoption and who become
19available for adoption because the prior adoption has been
20dissolved and the parental rights of the adoptive parents have
21been terminated or because the child's adoptive parents have
22died. The Department may continue to provide financial
23assistance and education assistance grants for a child who was
24determined eligible for financial assistance under this
25subsection (j) in the interim period beginning when the
26child's adoptive parents died and ending with the finalization

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1of the new adoption of the child by another adoptive parent or
2parents. The Department may also provide categories of
3financial assistance and education assistance grants, and
4shall establish rules and regulations for the assistance and
5grants, to persons appointed guardian of the person under
6Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
74-25, or 5-740 of the Juvenile Court Act of 1987 for children
8who were youth in care for 12 months immediately prior to the
9appointment of the guardian.
10 The amount of assistance may vary, depending upon the
11needs of the child and the adoptive parents, as set forth in
12the annual assistance agreement. Special purpose grants are
13allowed where the child requires special service but such
14costs may not exceed the amounts which similar services would
15cost the Department if it were to provide or secure them as
16guardian of the child.
17 Any financial assistance provided under this subsection is
18inalienable by assignment, sale, execution, attachment,
19garnishment, or any other remedy for recovery or collection of
20a judgment or debt.
21 (j-5) The Department shall not deny or delay the placement
22of a child for adoption if an approved family is available
23either outside of the Department region handling the case, or
24outside of the State of Illinois.
25 (k) The Department shall accept for care and training any
26child who has been adjudicated neglected or abused, or

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1dependent committed to it pursuant to the Juvenile Court Act
2or the Juvenile Court Act of 1987.
3 (l) The Department shall offer family preservation
4services, as defined in Section 8.2 of the Abused and
5Neglected Child Reporting Act, to help families, including
6adoptive and extended families. Family preservation services
7shall be offered (i) to prevent the placement of children in
8substitute care when the children can be cared for at home or
9in the custody of the person responsible for the children's
10welfare, (ii) to reunite children with their families, or
11(iii) to maintain an adoptive placement. Family preservation
12services shall only be offered when doing so will not endanger
13the children's health or safety. With respect to children who
14are in substitute care pursuant to the Juvenile Court Act of
151987, family preservation services shall not be offered if a
16goal other than those of subdivisions (A), (B), or (B-1) of
17subsection (2) of Section 2-28 of that Act has been set, except
18that reunification services may be offered as provided in
19paragraph (F) of subsection (2) of Section 2-28 of that Act.
20Nothing in this paragraph shall be construed to create a
21private right of action or claim on the part of any individual
22or child welfare agency, except that when a child is the
23subject of an action under Article II of the Juvenile Court Act
24of 1987 and the child's service plan calls for services to
25facilitate achievement of the permanency goal, the court
26hearing the action under Article II of the Juvenile Court Act

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1of 1987 may order the Department to provide the services set
2out in the plan, if those services are not provided with
3reasonable promptness and if those services are available.
4 The Department shall notify the child and his family of
5the Department's responsibility to offer and provide family
6preservation services as identified in the service plan. The
7child and his family shall be eligible for services as soon as
8the report is determined to be "indicated". The Department may
9offer services to any child or family with respect to whom a
10report of suspected child abuse or neglect has been filed,
11prior to concluding its investigation under Section 7.12 of
12the Abused and Neglected Child Reporting Act. However, the
13child's or family's willingness to accept services shall not
14be considered in the investigation. The Department may also
15provide services to any child or family who is the subject of
16any report of suspected child abuse or neglect or may refer
17such child or family to services available from other agencies
18in the community, even if the report is determined to be
19unfounded, if the conditions in the child's or family's home
20are reasonably likely to subject the child or family to future
21reports of suspected child abuse or neglect. Acceptance of
22such services shall be voluntary. The Department may also
23provide services to any child or family after completion of a
24family assessment, as an alternative to an investigation, as
25provided under the "differential response program" provided
26for in subsection (a-5) of Section 7.4 of the Abused and

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1Neglected Child Reporting Act.
2 The Department may, at its discretion except for those
3children also adjudicated neglected or dependent, accept for
4care and training any child who has been adjudicated addicted,
5as a truant minor in need of supervision or as a minor
6requiring authoritative intervention, under the Juvenile Court
7Act or the Juvenile Court Act of 1987, but no such child shall
8be committed to the Department by any court without the
9approval of the Department. On and after January 1, 2015 (the
10effective date of Public Act 98-803) and before January 1,
112017, a minor charged with a criminal offense under the
12Criminal Code of 1961 or the Criminal Code of 2012 or
13adjudicated delinquent shall not be placed in the custody of
14or committed to the Department by any court, except (i) a minor
15less than 16 years of age committed to the Department under
16Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
17for whom an independent basis of abuse, neglect, or dependency
18exists, which must be defined by departmental rule, or (iii) a
19minor for whom the court has granted a supplemental petition
20to reinstate wardship pursuant to subsection (2) of Section
212-33 of the Juvenile Court Act of 1987. On and after January 1,
222017, a minor charged with a criminal offense under the
23Criminal Code of 1961 or the Criminal Code of 2012 or
24adjudicated delinquent shall not be placed in the custody of
25or committed to the Department by any court, except (i) a minor
26less than 15 years of age committed to the Department under

SB2435 Enrolled- 146 -LRB102 04062 AMC 14078 b
1Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
2for whom an independent basis of abuse, neglect, or dependency
3exists, which must be defined by departmental rule, or (iii) a
4minor for whom the court has granted a supplemental petition
5to reinstate wardship pursuant to subsection (2) of Section
62-33 of the Juvenile Court Act of 1987. An independent basis
7exists when the allegations or adjudication of abuse, neglect,
8or dependency do not arise from the same facts, incident, or
9circumstances which give rise to a charge or adjudication of
10delinquency. The Department shall assign a caseworker to
11attend any hearing involving a youth in the care and custody of
12the Department who is placed on aftercare release, including
13hearings involving sanctions for violation of aftercare
14release conditions and aftercare release revocation hearings.
15 As soon as is possible after August 7, 2009 (the effective
16date of Public Act 96-134), the Department shall develop and
17implement a special program of family preservation services to
18support intact, foster, and adoptive families who are
19experiencing extreme hardships due to the difficulty and
20stress of caring for a child who has been diagnosed with a
21pervasive developmental disorder if the Department determines
22that those services are necessary to ensure the health and
23safety of the child. The Department may offer services to any
24family whether or not a report has been filed under the Abused
25and Neglected Child Reporting Act. The Department may refer
26the child or family to services available from other agencies

SB2435 Enrolled- 147 -LRB102 04062 AMC 14078 b
1in the community if the conditions in the child's or family's
2home are reasonably likely to subject the child or family to
3future reports of suspected child abuse or neglect. Acceptance
4of these services shall be voluntary. The Department shall
5develop and implement a public information campaign to alert
6health and social service providers and the general public
7about these special family preservation services. The nature
8and scope of the services offered and the number of families
9served under the special program implemented under this
10paragraph shall be determined by the level of funding that the
11Department annually allocates for this purpose. The term
12"pervasive developmental disorder" under this paragraph means
13a neurological condition, including, but not limited to,
14Asperger's Syndrome and autism, as defined in the most recent
15edition of the Diagnostic and Statistical Manual of Mental
16Disorders of the American Psychiatric Association.
17 (l-1) The legislature recognizes that the best interests
18of the child require that the child be placed in the most
19permanent living arrangement as soon as is practically
20possible. To achieve this goal, the legislature directs the
21Department of Children and Family Services to conduct
22concurrent planning so that permanency may occur at the
23earliest opportunity. Permanent living arrangements may
24include prevention of placement of a child outside the home of
25the family when the child can be cared for at home without
26endangering the child's health or safety; reunification with

SB2435 Enrolled- 148 -LRB102 04062 AMC 14078 b
1the family, when safe and appropriate, if temporary placement
2is necessary; or movement of the child toward the most
3permanent living arrangement and permanent legal status.
4 When determining reasonable efforts to be made with
5respect to a child, as described in this subsection, and in
6making such reasonable efforts, the child's health and safety
7shall be the paramount concern.
8 When a child is placed in foster care, the Department
9shall ensure and document that reasonable efforts were made to
10prevent or eliminate the need to remove the child from the
11child's home. The Department must make reasonable efforts to
12reunify the family when temporary placement of the child
13occurs unless otherwise required, pursuant to the Juvenile
14Court Act of 1987. At any time after the dispositional hearing
15where the Department believes that further reunification
16services would be ineffective, it may request a finding from
17the court that reasonable efforts are no longer appropriate.
18The Department is not required to provide further
19reunification services after such a finding.
20 A decision to place a child in substitute care shall be
21made with considerations of the child's health, safety, and
22best interests. At the time of placement, consideration should
23also be given so that if reunification fails or is delayed, the
24placement made is the best available placement to provide
25permanency for the child.
26 The Department shall adopt rules addressing concurrent

SB2435 Enrolled- 149 -LRB102 04062 AMC 14078 b
1planning for reunification and permanency. The Department
2shall consider the following factors when determining
3appropriateness of concurrent planning:
4 (1) the likelihood of prompt reunification;
5 (2) the past history of the family;
6 (3) the barriers to reunification being addressed by
7 the family;
8 (4) the level of cooperation of the family;
9 (5) the foster parents' willingness to work with the
10 family to reunite;
11 (6) the willingness and ability of the foster family
12 to provide an adoptive home or long-term placement;
13 (7) the age of the child;
14 (8) placement of siblings.
15 (m) The Department may assume temporary custody of any
16child if:
17 (1) it has received a written consent to such
18 temporary custody signed by the parents of the child or by
19 the parent having custody of the child if the parents are
20 not living together or by the guardian or custodian of the
21 child if the child is not in the custody of either parent,
22 or
23 (2) the child is found in the State and neither a
24 parent, guardian nor custodian of the child can be
25 located.
26If the child is found in his or her residence without a parent,

SB2435 Enrolled- 150 -LRB102 04062 AMC 14078 b
1guardian, custodian, or responsible caretaker, the Department
2may, instead of removing the child and assuming temporary
3custody, place an authorized representative of the Department
4in that residence until such time as a parent, guardian, or
5custodian enters the home and expresses a willingness and
6apparent ability to ensure the child's health and safety and
7resume permanent charge of the child, or until a relative
8enters the home and is willing and able to ensure the child's
9health and safety and assume charge of the child until a
10parent, guardian, or custodian enters the home and expresses
11such willingness and ability to ensure the child's safety and
12resume permanent charge. After a caretaker has remained in the
13home for a period not to exceed 12 hours, the Department must
14follow those procedures outlined in Section 2-9, 3-11, 4-8, or
155-415 of the Juvenile Court Act of 1987.
16 The Department shall have the authority, responsibilities
17and duties that a legal custodian of the child would have
18pursuant to subsection (9) of Section 1-3 of the Juvenile
19Court Act of 1987. Whenever a child is taken into temporary
20custody pursuant to an investigation under the Abused and
21Neglected Child Reporting Act, or pursuant to a referral and
22acceptance under the Juvenile Court Act of 1987 of a minor in
23limited custody, the Department, during the period of
24temporary custody and before the child is brought before a
25judicial officer as required by Section 2-9, 3-11, 4-8, or
265-415 of the Juvenile Court Act of 1987, shall have the

SB2435 Enrolled- 151 -LRB102 04062 AMC 14078 b
1authority, responsibilities and duties that a legal custodian
2of the child would have under subsection (9) of Section 1-3 of
3the Juvenile Court Act of 1987.
4 The Department shall ensure that any child taken into
5custody is scheduled for an appointment for a medical
6examination.
7 A parent, guardian, or custodian of a child in the
8temporary custody of the Department who would have custody of
9the child if he were not in the temporary custody of the
10Department may deliver to the Department a signed request that
11the Department surrender the temporary custody of the child.
12The Department may retain temporary custody of the child for
1310 days after the receipt of the request, during which period
14the Department may cause to be filed a petition pursuant to the
15Juvenile Court Act of 1987. If a petition is so filed, the
16Department shall retain temporary custody of the child until
17the court orders otherwise. If a petition is not filed within
18the 10-day period, the child shall be surrendered to the
19custody of the requesting parent, guardian, or custodian not
20later than the expiration of the 10-day period, at which time
21the authority and duties of the Department with respect to the
22temporary custody of the child shall terminate.
23 (m-1) The Department may place children under 18 years of
24age in a secure child care facility licensed by the Department
25that cares for children who are in need of secure living
26arrangements for their health, safety, and well-being after a

SB2435 Enrolled- 152 -LRB102 04062 AMC 14078 b
1determination is made by the facility director and the
2Director or the Director's designate prior to admission to the
3facility subject to Section 2-27.1 of the Juvenile Court Act
4of 1987. This subsection (m-1) does not apply to a child who is
5subject to placement in a correctional facility operated
6pursuant to Section 3-15-2 of the Unified Code of Corrections,
7unless the child is a youth in care who was placed in the care
8of the Department before being subject to placement in a
9correctional facility and a court of competent jurisdiction
10has ordered placement of the child in a secure care facility.
11 (n) The Department may place children under 18 years of
12age in licensed child care facilities when in the opinion of
13the Department, appropriate services aimed at family
14preservation have been unsuccessful and cannot ensure the
15child's health and safety or are unavailable and such
16placement would be for their best interest. Payment for board,
17clothing, care, training and supervision of any child placed
18in a licensed child care facility may be made by the
19Department, by the parents or guardians of the estates of
20those children, or by both the Department and the parents or
21guardians, except that no payments shall be made by the
22Department for any child placed in a licensed child care
23facility for board, clothing, care, training and supervision
24of such a child that exceed the average per capita cost of
25maintaining and of caring for a child in institutions for
26dependent or neglected children operated by the Department.

SB2435 Enrolled- 153 -LRB102 04062 AMC 14078 b
1However, such restriction on payments does not apply in cases
2where children require specialized care and treatment for
3problems of severe emotional disturbance, physical disability,
4social adjustment, or any combination thereof and suitable
5facilities for the placement of such children are not
6available at payment rates within the limitations set forth in
7this Section. All reimbursements for services delivered shall
8be absolutely inalienable by assignment, sale, attachment, or
9garnishment or otherwise.
10 (n-1) The Department shall provide or authorize child
11welfare services, aimed at assisting minors to achieve
12sustainable self-sufficiency as independent adults, for any
13minor eligible for the reinstatement of wardship pursuant to
14subsection (2) of Section 2-33 of the Juvenile Court Act of
151987, whether or not such reinstatement is sought or allowed,
16provided that the minor consents to such services and has not
17yet attained the age of 21. The Department shall have
18responsibility for the development and delivery of services
19under this Section. An eligible youth may access services
20under this Section through the Department of Children and
21Family Services or by referral from the Department of Human
22Services. Youth participating in services under this Section
23shall cooperate with the assigned case manager in developing
24an agreement identifying the services to be provided and how
25the youth will increase skills to achieve self-sufficiency. A
26homeless shelter is not considered appropriate housing for any

SB2435 Enrolled- 154 -LRB102 04062 AMC 14078 b
1youth receiving child welfare services under this Section. The
2Department shall continue child welfare services under this
3Section to any eligible minor until the minor becomes 21 years
4of age, no longer consents to participate, or achieves
5self-sufficiency as identified in the minor's service plan.
6The Department of Children and Family Services shall create
7clear, readable notice of the rights of former foster youth to
8child welfare services under this Section and how such
9services may be obtained. The Department of Children and
10Family Services and the Department of Human Services shall
11disseminate this information statewide. The Department shall
12adopt regulations describing services intended to assist
13minors in achieving sustainable self-sufficiency as
14independent adults.
15 (o) The Department shall establish an administrative
16review and appeal process for children and families who
17request or receive child welfare services from the Department.
18Youth in care who are placed by private child welfare
19agencies, and foster families with whom those youth are
20placed, shall be afforded the same procedural and appeal
21rights as children and families in the case of placement by the
22Department, including the right to an initial review of a
23private agency decision by that agency. The Department shall
24ensure that any private child welfare agency, which accepts
25youth in care for placement, affords those rights to children
26and foster families. The Department shall accept for

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1administrative review and an appeal hearing a complaint made
2by (i) a child or foster family concerning a decision
3following an initial review by a private child welfare agency
4or (ii) a prospective adoptive parent who alleges a violation
5of subsection (j-5) of this Section. An appeal of a decision
6concerning a change in the placement of a child shall be
7conducted in an expedited manner. A court determination that a
8current foster home placement is necessary and appropriate
9under Section 2-28 of the Juvenile Court Act of 1987 does not
10constitute a judicial determination on the merits of an
11administrative appeal, filed by a former foster parent,
12involving a change of placement decision.
13 (p) (Blank).
14 (q) The Department may receive and use, in their entirety,
15for the benefit of children any gift, donation, or bequest of
16money or other property which is received on behalf of such
17children, or any financial benefits to which such children are
18or may become entitled while under the jurisdiction or care of
19the Department.
20 The Department shall set up and administer no-cost,
21interest-bearing accounts in appropriate financial
22institutions for children for whom the Department is legally
23responsible and who have been determined eligible for
24Veterans' Benefits, Social Security benefits, assistance
25allotments from the armed forces, court ordered payments,
26parental voluntary payments, Supplemental Security Income,

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1Railroad Retirement payments, Black Lung benefits, or other
2miscellaneous payments. Interest earned by each account shall
3be credited to the account, unless disbursed in accordance
4with this subsection.
5 In disbursing funds from children's accounts, the
6Department shall:
7 (1) Establish standards in accordance with State and
8 federal laws for disbursing money from children's
9 accounts. In all circumstances, the Department's
10 "Guardianship Administrator" or his or her designee must
11 approve disbursements from children's accounts. The
12 Department shall be responsible for keeping complete
13 records of all disbursements for each account for any
14 purpose.
15 (2) Calculate on a monthly basis the amounts paid from
16 State funds for the child's board and care, medical care
17 not covered under Medicaid, and social services; and
18 utilize funds from the child's account, as covered by
19 regulation, to reimburse those costs. Monthly,
20 disbursements from all children's accounts, up to 1/12 of
21 $13,000,000, shall be deposited by the Department into the
22 General Revenue Fund and the balance over 1/12 of
23 $13,000,000 into the DCFS Children's Services Fund.
24 (3) Maintain any balance remaining after reimbursing
25 for the child's costs of care, as specified in item (2).
26 The balance shall accumulate in accordance with relevant

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1 State and federal laws and shall be disbursed to the child
2 or his or her guardian, or to the issuing agency.
3 (r) The Department shall promulgate regulations
4encouraging all adoption agencies to voluntarily forward to
5the Department or its agent names and addresses of all persons
6who have applied for and have been approved for adoption of a
7hard-to-place child or child with a disability and the names
8of such children who have not been placed for adoption. A list
9of such names and addresses shall be maintained by the
10Department or its agent, and coded lists which maintain the
11confidentiality of the person seeking to adopt the child and
12of the child shall be made available, without charge, to every
13adoption agency in the State to assist the agencies in placing
14such children for adoption. The Department may delegate to an
15agent its duty to maintain and make available such lists. The
16Department shall ensure that such agent maintains the
17confidentiality of the person seeking to adopt the child and
18of the child.
19 (s) The Department of Children and Family Services may
20establish and implement a program to reimburse Department and
21private child welfare agency foster parents licensed by the
22Department of Children and Family Services for damages
23sustained by the foster parents as a result of the malicious or
24negligent acts of foster children, as well as providing third
25party coverage for such foster parents with regard to actions
26of foster children to other individuals. Such coverage will be

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1secondary to the foster parent liability insurance policy, if
2applicable. The program shall be funded through appropriations
3from the General Revenue Fund, specifically designated for
4such purposes.
5 (t) The Department shall perform home studies and
6investigations and shall exercise supervision over visitation
7as ordered by a court pursuant to the Illinois Marriage and
8Dissolution of Marriage Act or the Adoption Act only if:
9 (1) an order entered by an Illinois court specifically
10 directs the Department to perform such services; and
11 (2) the court has ordered one or both of the parties to
12 the proceeding to reimburse the Department for its
13 reasonable costs for providing such services in accordance
14 with Department rules, or has determined that neither
15 party is financially able to pay.
16 The Department shall provide written notification to the
17court of the specific arrangements for supervised visitation
18and projected monthly costs within 60 days of the court order.
19The Department shall send to the court information related to
20the costs incurred except in cases where the court has
21determined the parties are financially unable to pay. The
22court may order additional periodic reports as appropriate.
23 (u) In addition to other information that must be
24provided, whenever the Department places a child with a
25prospective adoptive parent or parents, or in a licensed
26foster home, group home, or child care institution, or in a

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1relative home, the Department shall provide to the prospective
2adoptive parent or parents or other caretaker:
3 (1) available detailed information concerning the
4 child's educational and health history, copies of
5 immunization records (including insurance and medical card
6 information), a history of the child's previous
7 placements, if any, and reasons for placement changes
8 excluding any information that identifies or reveals the
9 location of any previous caretaker;
10 (2) a copy of the child's portion of the client
11 service plan, including any visitation arrangement, and
12 all amendments or revisions to it as related to the child;
13 and
14 (3) information containing details of the child's
15 individualized educational plan when the child is
16 receiving special education services.
17 The caretaker shall be informed of any known social or
18behavioral information (including, but not limited to,
19criminal background, fire setting, perpetuation of sexual
20abuse, destructive behavior, and substance abuse) necessary to
21care for and safeguard the children to be placed or currently
22in the home. The Department may prepare a written summary of
23the information required by this paragraph, which may be
24provided to the foster or prospective adoptive parent in
25advance of a placement. The foster or prospective adoptive
26parent may review the supporting documents in the child's file

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1in the presence of casework staff. In the case of an emergency
2placement, casework staff shall at least provide known
3information verbally, if necessary, and must subsequently
4provide the information in writing as required by this
5subsection.
6 The information described in this subsection shall be
7provided in writing. In the case of emergency placements when
8time does not allow prior review, preparation, and collection
9of written information, the Department shall provide such
10information as it becomes available. Within 10 business days
11after placement, the Department shall obtain from the
12prospective adoptive parent or parents or other caretaker a
13signed verification of receipt of the information provided.
14Within 10 business days after placement, the Department shall
15provide to the child's guardian ad litem a copy of the
16information provided to the prospective adoptive parent or
17parents or other caretaker. The information provided to the
18prospective adoptive parent or parents or other caretaker
19shall be reviewed and approved regarding accuracy at the
20supervisory level.
21 (u-5) Effective July 1, 1995, only foster care placements
22licensed as foster family homes pursuant to the Child Care Act
23of 1969 shall be eligible to receive foster care payments from
24the Department. Relative caregivers who, as of July 1, 1995,
25were approved pursuant to approved relative placement rules
26previously promulgated by the Department at 89 Ill. Adm. Code

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1335 and had submitted an application for licensure as a foster
2family home may continue to receive foster care payments only
3until the Department determines that they may be licensed as a
4foster family home or that their application for licensure is
5denied or until September 30, 1995, whichever occurs first.
6 (v) The Department shall access criminal history record
7information as defined in the Illinois Uniform Conviction
8Information Act and information maintained in the adjudicatory
9and dispositional record system as defined in Section 2605-355
10of the Department of State Police Law (20 ILCS 2605/2605-355)
11if the Department determines the information is necessary to
12perform its duties under the Abused and Neglected Child
13Reporting Act, the Child Care Act of 1969, and the Children and
14Family Services Act. The Department shall provide for
15interactive computerized communication and processing
16equipment that permits direct on-line communication with the
17Department of State Police's central criminal history data
18repository. The Department shall comply with all certification
19requirements and provide certified operators who have been
20trained by personnel from the Department of State Police. In
21addition, one Office of the Inspector General investigator
22shall have training in the use of the criminal history
23information access system and have access to the terminal. The
24Department of Children and Family Services and its employees
25shall abide by rules and regulations established by the
26Department of State Police relating to the access and

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1dissemination of this information.
2 (v-1) Prior to final approval for placement of a child,
3the Department shall conduct a criminal records background
4check of the prospective foster or adoptive parent, including
5fingerprint-based checks of national crime information
6databases. Final approval for placement shall not be granted
7if the record check reveals a felony conviction for child
8abuse or neglect, for spousal abuse, for a crime against
9children, or for a crime involving violence, including rape,
10sexual assault, or homicide, but not including other physical
11assault or battery, or if there is a felony conviction for
12physical assault, battery, or a drug-related offense committed
13within the past 5 years.
14 (v-2) Prior to final approval for placement of a child,
15the Department shall check its child abuse and neglect
16registry for information concerning prospective foster and
17adoptive parents, and any adult living in the home. If any
18prospective foster or adoptive parent or other adult living in
19the home has resided in another state in the preceding 5 years,
20the Department shall request a check of that other state's
21child abuse and neglect registry.
22 (w) Within 120 days of August 20, 1995 (the effective date
23of Public Act 89-392), the Department shall prepare and submit
24to the Governor and the General Assembly, a written plan for
25the development of in-state licensed secure child care
26facilities that care for children who are in need of secure

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1living arrangements for their health, safety, and well-being.
2For purposes of this subsection, secure care facility shall
3mean a facility that is designed and operated to ensure that
4all entrances and exits from the facility, a building or a
5distinct part of the building, are under the exclusive control
6of the staff of the facility, whether or not the child has the
7freedom of movement within the perimeter of the facility,
8building, or distinct part of the building. The plan shall
9include descriptions of the types of facilities that are
10needed in Illinois; the cost of developing these secure care
11facilities; the estimated number of placements; the potential
12cost savings resulting from the movement of children currently
13out-of-state who are projected to be returned to Illinois; the
14necessary geographic distribution of these facilities in
15Illinois; and a proposed timetable for development of such
16facilities.
17 (x) The Department shall conduct annual credit history
18checks to determine the financial history of children placed
19under its guardianship pursuant to the Juvenile Court Act of
201987. The Department shall conduct such credit checks starting
21when a youth in care turns 12 years old and each year
22thereafter for the duration of the guardianship as terminated
23pursuant to the Juvenile Court Act of 1987. The Department
24shall determine if financial exploitation of the child's
25personal information has occurred. If financial exploitation
26appears to have taken place or is presently ongoing, the

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1Department shall notify the proper law enforcement agency, the
2proper State's Attorney, or the Attorney General.
3 (y) Beginning on July 22, 2010 (the effective date of
4Public Act 96-1189), a child with a disability who receives
5residential and educational services from the Department shall
6be eligible to receive transition services in accordance with
7Article 14 of the School Code from the age of 14.5 through age
821, inclusive, notwithstanding the child's residential
9services arrangement. For purposes of this subsection, "child
10with a disability" means a child with a disability as defined
11by the federal Individuals with Disabilities Education
12Improvement Act of 2004.
13 (z) The Department shall access criminal history record
14information as defined as "background information" in this
15subsection and criminal history record information as defined
16in the Illinois Uniform Conviction Information Act for each
17Department employee or Department applicant. Each Department
18employee or Department applicant shall submit his or her
19fingerprints to the Department of State Police in the form and
20manner prescribed by the Department of State Police. These
21fingerprints shall be checked against the fingerprint records
22now and hereafter filed in the Department of State Police and
23the Federal Bureau of Investigation criminal history records
24databases. The Department of State Police shall charge a fee
25for conducting the criminal history record check, which shall
26be deposited into the State Police Services Fund and shall not

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1exceed the actual cost of the record check. The Department of
2State Police shall furnish, pursuant to positive
3identification, all Illinois conviction information to the
4Department of Children and Family Services.
5 For purposes of this subsection:
6 "Background information" means all of the following:
7 (i) Upon the request of the Department of Children and
8 Family Services, conviction information obtained from the
9 Department of State Police as a result of a
10 fingerprint-based criminal history records check of the
11 Illinois criminal history records database and the Federal
12 Bureau of Investigation criminal history records database
13 concerning a Department employee or Department applicant.
14 (ii) Information obtained by the Department of
15 Children and Family Services after performing a check of
16 the Department of State Police's Sex Offender Database, as
17 authorized by Section 120 of the Sex Offender Community
18 Notification Law, concerning a Department employee or
19 Department applicant.
20 (iii) Information obtained by the Department of
21 Children and Family Services after performing a check of
22 the Child Abuse and Neglect Tracking System (CANTS)
23 operated and maintained by the Department.
24 "Department employee" means a full-time or temporary
25employee coded or certified within the State of Illinois
26Personnel System.

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1 "Department applicant" means an individual who has
2conditional Department full-time or part-time work, a
3contractor, an individual used to replace or supplement staff,
4an academic intern, a volunteer in Department offices or on
5Department contracts, a work-study student, an individual or
6entity licensed by the Department, or an unlicensed service
7provider who works as a condition of a contract or an agreement
8and whose work may bring the unlicensed service provider into
9contact with Department clients or client records.
10(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;
11100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.
128-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,
13eff. 7-12-19; revised 8-1-19.)
14 (20 ILCS 505/42)
15 Sec. 42. Foster care survey. The Department, in
16coordination with the Foster Care Alumni of America Illinois
17Chapter, the School of Social Work at the University of
18Illinois at Urbana-Champaign, and the Department's Statewide
19Youth Advisory Board, shall develop and process a standardized
20survey to gather feedback from children who are aging out of
21foster care and from children who have transitioned out of the
22foster care system. The survey shall include requests for
23information regarding the children's experience with and
24opinion of State foster care services, the children's
25recommendations for improvement of such services, the amount

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1of time the children spent in the foster care system, and any
2other information deemed relevant by the Department. After the
3survey is created the Department shall circulate the survey to
4all youth participating in transitional living programs,
5independent living programs, or Youth in College and to all
6youth receiving scholarships or tuition waivers under the DCFS
7Scholarship Program. The Department shall conduct the survey
8every 5 years. At the completion of each survey, the
9Department, in coordination with the Foster Care Alumni of
10America Illinois Chapter, the School of Social Work at the
11University of Illinois at Urbana-Champaign, and the
12Department's Statewide Youth Advisory Board, shall submit a
13report with a detailed review of the survey results to the
14Governor and the General Assembly. The first report shall be
15submitted no later than December 1, 2021 and every 5 years
16thereafter.
17(Source: P.A. 101-166, eff. 1-1-20.)
18 (20 ILCS 505/43)
19 Sec. 43 42. Intergovernmental agreement; transitioning
20youth in care.
21 (a) In order to intercept and divert youth in care from
22experiencing homelessness, incarceration, unemployment, and
23other similar outcomes, within 180 days after July 26, 2019
24(the effective date of Public Act 101-167) this amendatory Act
25of the 101st General Assembly, the Department of Children and

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1Family Services, the Department of Human Services, the
2Department of Healthcare and Family Services, the Illinois
3State Board of Education, the Department of Juvenile Justice,
4the Department of Corrections, the Illinois Urban Development
5Authority, and the Department of Public Health shall enter
6into an interagency agreement for the purpose of providing
7preventive services to youth in care and young adults who are
8aging out of or have recently aged out of the custody or
9guardianship of the Department of Children and Family
10Services.
11 (b) The intergovernmental agreement shall require the
12agencies listed in subsection (a) to: (i) establish an
13interagency liaison to review cases of youth in care and young
14adults who are at risk of homelessness, incarceration, or
15other similar outcomes; and (ii) connect such youth in care
16and young adults to the appropriate supportive services and
17treatment programs to stabilize them during their transition
18out of State care. Under the interagency agreement, the
19agencies listed in subsection (a) shall determine how best to
20provide the following supportive services to youth in care and
21young adults who are at risk of homelessness, incarceration,
22or other similar outcomes:
23 (1) Housing support.
24 (2) Educational support.
25 (3) Employment support.
26 (c) On January 1, 2021, and each January 1 thereafter, the

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1agencies listed in subsection (a) shall submit a report to the
2General Assembly on the following:
3 (1) The number of youth in care and young adults who
4 were intercepted during the reporting period and the
5 supportive services and treatment programs they were
6 connected with to prevent homelessness, incarnation, or
7 other negative outcomes.
8 (2) The duration of the services the youth in care and
9 young adults received in order to stabilize them during
10 their transition out of State care.
11 (d) Outcomes and data reported annually to the General
12Assembly. On January 1, 2021 and each January 1 thereafter,
13the Department of Children and Family Services shall submit a
14report to the General Assembly on the following:
15 (1) The number of youth in care and young adults who
16 are aging out or have aged out of State care during the
17 reporting period.
18 (2) The length and type of services that were offered
19 to the youth in care and young adults reported under
20 paragraph (1) and the status of those youth in care and
21 young adults.
22(Source: P.A. 101-167, eff. 7-26-19; revised 9-17-19.)
23 Section 95. The Statewide Foster Care Advisory Council Law
24is amended by changing Section 5-20 as follows:

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1 (20 ILCS 525/5-20)
2 Sec. 5-20. Meetings.
3 (a) Regular meetings of the Statewide Foster Care Advisory
4Council shall be held at least quarterly. The meetings shall
5take place at locations, dates, and times determined by the
6Chairperson of the Advisory Council after consultation with
7members of the Advisory Council and the Director or the
8designated Department staff member.
9 It shall be the responsibility of the designated
10Department staff member at the direction of the Chairperson to
11give notices of the location, dates, and time of meetings to
12each member of the Advisory Council, to the Director, and to
13staff consultants at least 30 days prior to each meeting.
14 Notice of all scheduled meetings shall be in full
15compliance with the Illinois Open Meetings Act.
16 (b) Special meetings of the Advisory Council may be called
17by the Chairperson after consultation with members of the
18Council and the Director or the designated Department staff
19member, provided that:
20 (1) at least 7 days' notice by mail is given the
21 membership;
22 (2) the notice sets forth the purpose or purposes of
23 the meeting; and
24 (3) no business is transacted other than that
25 specified in the notice.
26 (c) An agenda of scheduled business for deliberation shall

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1be developed in coordination with the Department and the
2Chairperson and distributed to the members of the Advisory
3Council at least 7 days prior to a scheduled meeting of the
4Council.
5 (d) If a member is absent from 2 consecutive meetings or
6has not continued to make a significant contribution as
7evidenced by involvement in council activities, membership
8termination may be recommended by the Chairperson to the
9Director. The member shall be terminated and notified in
10writing. Members shall submit written confirmation of good
11cause to the Chairperson or designated Department staff member
12when a meeting has been missed.
13(Source: P.A. 89-19, eff. 6-3-95; revised 7-12-19.)
14 Section 100. The Department of Commerce and Economic
15Opportunity Law of the Civil Administrative Code of Illinois
16is amended by renumbering and changing Section 913, by setting
17forth and renumbering multiple versions of Sections 605-1025
18and 605-1045, and by changing Section 605-1030 as follows:
19 (20 ILCS 605/605-913)
20 Sec. 605-913 913. Clean Water Workforce Pipeline Program.
21 (a) The General Assembly finds the following:
22 (1) The fresh surface water and groundwater supply in
23 Illinois and Lake Michigan constitute vital natural
24 resources that require careful stewardship and protection

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1 for future generations. Access to safe and clean drinking
2 water is the right of all Illinois residents.
3 (2) To adequately protect these resources and provide
4 safe and clean drinking water, substantial investment is
5 needed to replace lead components in drinking water
6 infrastructure, improve wastewater treatment, flood
7 control, and stormwater management, control aquatic
8 invasive species, implement green infrastructure
9 solutions, and implement other infrastructure solutions to
10 protect water quality.
11 (3) Implementing these clean water solutions will
12 require a skilled and trained workforce, and new
13 investments will demand additional workers with
14 specialized skills.
15 (4) Water infrastructure jobs have been shown to
16 provide living wages and contribute to Illinois' economy.
17 (5) Significant populations of Illinois residents,
18 including, but not limited to, residents of environmental
19 justice communities, economically and socially
20 disadvantaged communities, those returning from the
21 criminal justice system, foster care alumni, and in
22 particular women and transgender persons, are in need of
23 access to skilled living wage jobs like those in the water
24 infrastructure sector.
25 (6) Many of these residents are more likely to live in
26 communities with aging and inadequate clean water

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1 infrastructure and suffer from threats to surface and
2 drinking water quality.
3 (7) The State can provide significant economic
4 opportunities to these residents and achieve greater
5 environmental and public health by investing in clean
6 water infrastructure.
7 (8) New training, recruitment, support, and placement
8 efforts are needed to connect these residents with career
9 opportunities in water infrastructure.
10 (9) The State must invest in both clean water
11 infrastructure and workforce development efforts in order
12 to achieve these goals.
13 (b) From appropriations made from the Build Illinois Bond
14Fund, Capital Development Fund, or General Revenue Fund or
15other funds as identified by the Department, the Department
16shall create a Clean Water Workforce Pipeline Program to
17provide grants and other financial assistance to prepare and
18support individuals for careers in water infrastructure. All
19funding provided by the Program under this Section shall be
20designed to encourage and facilitate employment in projects
21funded through State capital investment and provide
22participants a skill set to allow them to work professionally
23in fields related to water infrastructure.
24 Grants and other financial assistance may be made
25available on a competitive annual basis to organizations that
26demonstrate a capacity to recruit, support, train, and place

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

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

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1annually to the Department on the success of their efforts and
2their contribution to reaching the goals of the Program
3provided in this subsection. The Department shall compile this
4information and annually report to the General Assembly on the
5Program, including, but not limited to, the following
6information:
7 (1) progress toward the goals stated in this
8 subsection;
9 (2) any increase in the percentage of water industry
10 jobs in targeted populations;
11 (3) any increase in the rate of acceptance,
12 completion, or retention of water training programs among
13 targeted populations;
14 (4) any increase in the rate of employment, including
15 hours and annual income, measured against pre-Program
16 participant income; and
17 (5) any recommendations for future changes to optimize
18 the success of the Program.
19 (d) Within 90 days after January 1, 2020 (the effective
20date of Public Act 101-576) this amendatory Act of the 101st
21General Assembly, the Department shall propose a draft plan to
22implement this Section for public comment. The Department
23shall allow a minimum of 60 days for public comment on the
24plan, including one or more public hearings, if requested. The
25Department shall finalize the plan within 180 days of January
261, 2020 (the effective date of Public Act 101-576) this

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1amendatory Act of the 101st General Assembly.
2 The Department may propose and adopt any rules necessary
3for the implementation of the Program and to ensure compliance
4with this Section.
5 (e) The Water Workforce Development Fund is created as a
6special fund in the State treasury. The Fund shall receive
7moneys appropriated for the purpose of this Section from the
8Build Illinois Bond Fund, the Capital Development Fund, the
9General Revenue Fund and any other funds. Moneys in the Fund
10shall only be used to fund the Program and to assist and enable
11implementation of clean water infrastructure capital
12investments. Notwithstanding any other law to the contrary,
13the Water Workforce Development Fund is not subject to sweeps,
14administrative charge-backs, or any other fiscal or budgetary
15maneuver that would in any way transfer any amounts from the
16Water Workforce Development Fund into any other fund of the
17State.
18 (f) For purpose of this Section:
19 "Environmental justice community" has the meaning provided
20in subsection (b) of Section 1-50 of the Illinois Power Agency
21Act.
22 "Multi-craft labor organization" means a joint
23labor-management apprenticeship program registered with and
24approved by the United States Department of Labor's Office of
25Apprenticeship or a labor organization that has an accredited
26training program through the Higher Learning Commission or the

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1Illinois Community College Board.
2 "Organization" means a corporation, company, partnership,
3association, society, order, labor organization, or individual
4or aggregation of individuals.
5(Source: P.A. 101-576, eff. 1-1-20; revised 11-21-19.)
6 (20 ILCS 605/605-1025)
7 Sec. 605-1025. Data center investment.
8 (a) The Department shall issue certificates of exemption
9from the Retailers' Occupation Tax Act, the Use Tax Act, the
10Service Use Tax Act, and the Service Occupation Tax Act, all
11locally-imposed retailers' occupation taxes administered and
12collected by the Department, the Chicago non-titled Use Tax,
13and a credit certification against the taxes imposed under
14subsections (a) and (b) of Section 201 of the Illinois Income
15Tax Act to qualifying Illinois data centers.
16 (b) For taxable years beginning on or after January 1,
172019, the Department shall award credits against the taxes
18imposed under subsections (a) and (b) of Section 201 of the
19Illinois Income Tax Act as provided in Section 229 of the
20Illinois Income Tax Act.
21 (c) For purposes of this Section:
22 "Data center" means a facility: (1) whose primary
23 services are the storage, management, and processing of
24 digital data; and (2) that is used to house (i) computer
25 and network systems, including associated components such

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1 as servers, network equipment and appliances,
2 telecommunications, and data storage systems, (ii) systems
3 for monitoring and managing infrastructure performance,
4 (iii) Internet-related equipment and services, (iv) data
5 communications connections, (v) environmental controls,
6 (vi) fire protection systems, and (vii) security systems
7 and services.
8 "Qualifying Illinois data center" means a new or
9 existing data center that:
10 (1) is located in the State of Illinois;
11 (2) in the case of an existing data center, made a
12 capital investment of at least $250,000,000
13 collectively by the data center operator and the
14 tenants of the data center over the 60-month period
15 immediately prior to January 1, 2020 or committed to
16 make a capital investment of at least $250,000,000
17 over a 60-month period commencing before January 1,
18 2020 and ending after January 1, 2020; or
19 (3) in the case of a new data center, or an
20 existing data center making an upgrade, makes a
21 capital investment of at least $250,000,000 over a
22 60-month period beginning on or after January 1, 2020;
23 and
24 (4) in the case of both existing and new data
25 centers, results in the creation of at least 20
26 full-time or full-time equivalent new jobs over a

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

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

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

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1 qualifying data center or data center tenant claiming the
2 exemption will be required;
3 (5) the duration of the exemption; and
4 (6) other provisions as deemed necessary by the
5 Department.
6 (e) Beginning July 1, 2021, and each year thereafter, the
7Department shall annually report to the Governor and the
8General Assembly on the outcomes and effectiveness of Public
9Act 101-31 that shall include the following:
10 (1) the name of each recipient business;
11 (2) the location of the project;
12 (3) the estimated value of the credit;
13 (4) the number of new jobs and, if applicable,
14 retained jobs pledged as a result of the project; and
15 (5) whether or not the project is located in an
16 underserved area.
17 (f) New and existing data centers seeking a certificate of
18exemption related to the rehabilitation or construction of
19data centers in the State shall require the contractor and all
20subcontractors to comply with the requirements of Section
2130-22 of the Illinois Procurement Code as they apply to
22responsible bidders and to present satisfactory evidence of
23that compliance to the Department.
24 (g) New and existing data centers seeking a certificate of
25exemption for the rehabilitation or construction of data
26centers in the State shall require the contractor to enter

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1into a project labor agreement approved by the Department.
2 (h) Any qualifying data center issued a certificate of
3exemption under this Section must annually report to the
4Department the total data center tax benefits that are
5received by the business. Reports are due no later than May 31
6of each year and shall cover the previous calendar year. The
7first report is for the 2019 calendar year and is due no later
8than May 31, 2020.
9 To the extent that a business issued a certificate of
10exemption under this Section has obtained an Enterprise Zone
11Building Materials Exemption Certificate or a High Impact
12Business Building Materials Exemption Certificate, no
13additional reporting for those building materials exemption
14benefits is required under this Section.
15 Failure to file a report under this subsection (h) may
16result in suspension or revocation of the certificate of
17exemption. Factors to be considered in determining whether a
18data center certificate of exemption shall be suspended or
19revoked include, but are not limited to, prior compliance with
20the reporting requirements, cooperation in discontinuing and
21correcting violations, the extent of the violation, and
22whether the violation was willful or inadvertent.
23 (i) The Department shall not issue any new certificates of
24exemption under the provisions of this Section after July 1,
252029. This sunset shall not affect any existing certificates
26of exemption in effect on July 1, 2029.

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1 (j) The Department shall adopt rules to implement and
2administer this Section.
3(Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 12-13-19.)
4 (20 ILCS 605/605-1030)
5 Sec. 605-1030. Human Services Capital Investment Grant
6Program.
7 (a) The Department of Commerce and Economic Opportunity,
8in coordination with the Department of Human Services, shall
9establish a Human Services Capital Investment Grant Program.
10The Department shall, subject to appropriation, make capital
11improvement grants to human services providers serving
12low-income or marginalized populations. The Build Illinois
13Bond Fund and the Rebuild Illinois Projects Fund shall be the
14sources of funding for the program. Eligible grant recipients
15shall be human services providers that offer facilities and
16services in a manner that supports and fulfills the mission of
17the Department of Human Services. Eligible grant recipients
18include, but are not limited to, domestic violence shelters,
19rape crisis centers, comprehensive youth services, teen REACH
20providers, supportive housing providers, developmental
21disability community providers, behavioral health providers,
22and other community-based providers. Eligible grant recipients
23have no entitlement to a grant under this Section.
24 (b) The Department, in consultation with the Department of
25Human Services, shall adopt rules to implement this Section

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1and shall create a competitive application procedure for
2grants to be awarded. The rules shall specify the manner of
3applying for grants; grantee eligibility requirements; project
4eligibility requirements; restrictions on the use of grant
5moneys; the manner in which grantees must account for the use
6of grant moneys; and any other provision that the Department
7of Commerce and Economic Opportunity or Department of Human
8Services determine to be necessary or useful for the
9administration of this Section. Rules may include a
10requirement for grantees to provide local matching funds in an
11amount equal to a specific percentage of the grant.
12 (c) The Department of Human Services shall establish
13standards for determining the priorities concerning the
14necessity for capital facilities for the provision of human
15services based on data available to the Department.
16 (d) No portion of a human services capital investment
17grant awarded under this Section may be used by a grantee to
18pay for any on-going operational costs or outstanding debt.
19(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19;
20revised 8-18-20.)
21 (20 ILCS 605/605-1035)
22 Sec. 605-1035 605-1025. Training in the Building Trades
23Program.
24 (a) Subject to appropriation, the Department of Commerce
25and Economic Opportunity may establish a Training in the

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1Building Trades Program to award grants to community-based
2organizations for the purpose of establishing training
3programs for persons who are 18 through 35 years of age and
4have an interest in the building trades. Persons eligible to
5participate in the Program shall include youth who have aged
6out of foster care and have an interest in the building trades.
7The Department of Children and Family Services, in
8consultation with the Department of Commerce and Economic
9Opportunity, shall identify and refer eligible youth to those
10community-based organizations that receive grants under this
11Section. Under the training programs, each participating
12person shall receive the following:
13 (1) Formal training and education in the fundamentals
14 and core competencies in the person's chosen trade. Such
15 training and education shall be provided by a trained and
16 skilled tradesman or journeyman who is a member of a trade
17 union and who is paid the general prevailing rate of
18 hourly wages in the locality in which the work is to be
19 performed.
20 (2) Hands-on experience to further develop the
21 person's building trade skills by participating in
22 community improvement projects involving the
23 rehabilitation of vacant and abandoned residential
24 property in economically depressed areas of the State.
25 Selected organizations shall also use the grant money to
26establish an entrepreneurship program to provide eligible

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1persons with the capital and business management skills
2necessary to successfully launch their own businesses as
3contractors, subcontractors, real estate agents, or property
4managers or as any other entrepreneurs in the building trades.
5Eligibility under the entrepreneurship program shall be
6restricted to persons who reside in one of the economically
7depressed areas selected to receive community improvement
8projects in accordance with this subsection and who have
9obtained the requisite skill set for a particular building
10trade after successfully completing a training program
11established in accordance with this subsection. Grants
12provided under this Section may also be used to purchase the
13equipment and materials needed to rehabilitate any vacant and
14abandoned residential property that is eligible for
15acquisition as described in subsection (b).
16 (b) Property eligible for acquisition and rehabilitation
17under the Training in the Building Trades Program.
18 (1) A community-based organization that is selected to
19 participate in the Training in the Building Trades Program
20 may enter into an agreement with a financial institution
21 to rehabilitate abandoned residential property in
22 foreclosure with the express condition that, after the
23 rehabilitation project is complete, the financial
24 institution shall:
25 (A) sell the residential property for no less than
26 its fair market value; and

SB2435 Enrolled- 189 -LRB102 04062 AMC 14078 b
1 (B) use any proceeds from the sale to (i)
2 reimburse the community-based organization for all
3 costs associated with rehabilitating the property and
4 (ii) make satisfactory payment for any other claims
5 against the property. Any remaining sale proceeds of
6 the residential property shall be retained by the
7 financial institution.
8 (2)(A) A unit of local government may enact an
9 ordinance that permits the acquisition and rehabilitation
10 of abandoned residential property under the Training in
11 the Building Trades Program. Under the ordinance, any
12 owner of residential property that has been abandoned for
13 at least 3 years shall be notified that the abandoned
14 property is subject to acquisition and rehabilitation
15 under the Program and that if the owner does not respond to
16 the notice within the time period prescribed by the unit
17 of local government, the owner shall lose all right,
18 title, and interest in the property. Such notice shall be
19 given as follows:
20 (i) by mailing a copy of the notice by certified
21 mail to the owner's last known mailing address;
22 (ii) by publication in a newspaper published in
23 the municipality or county where the property is
24 located; and
25 (iii) by recording the notice with the office of
26 the recorder of the county in which the property is

SB2435 Enrolled- 190 -LRB102 04062 AMC 14078 b
1 located.
2 (B) If the owner responds to the notice within the
3 time period prescribed by the unit of local government,
4 the owner shall be given the option to either bring the
5 property into compliance with all applicable fire,
6 housing, and building codes within 6 months or enter into
7 an agreement with a community-based organization under the
8 Program to rehabilitate the residential property. If the
9 owner chooses to enter into an agreement with a
10 community-based organization to rehabilitate the
11 residential property, such agreement shall be made with
12 the express condition that, after the rehabilitation
13 project is complete, the owner shall:
14 (i) sell the residential property for no less than
15 its fair market value; and
16 (ii) use any proceeds from the sale to (a)
17 reimburse the community-based organization for all
18 costs associated with rehabilitating the property and
19 (b) make satisfactory payment for any other claims
20 against the property. Any remaining sale proceeds of
21 the residential property shall be distributed as
22 follows:
23 (I) 20% shall be distributed to the owner.
24 (II) 80% shall be deposited into the Training
25 in the Building Trades Fund created under
26 subsection (e).

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1 (c) The Department of Commerce and Economic Opportunity
2shall select from each of the following geographical regions
3of the State a community-based organization with experience
4working with the building trades:
5 (1) Central Illinois.
6 (2) Northeastern Illinois.
7 (3) Southern (Metro-East) Illinois.
8 (4) Southern Illinois.
9 (5) Western Illinois.
10 (d) Grants awarded under this Section shall be funded
11through appropriations from the Training in the Building
12Trades Fund created under subsection (e). The Department of
13Commerce and Economic Opportunity may adopt any rules
14necessary to implement the provisions of this Section.
15 (e) The Training in the Building Trades Fund is created as
16a special fund in the State treasury. The Fund shall consist of
17any moneys deposited into the Fund as provided in subparagraph
18(B) of paragraph (2) of subsection (b) and any moneys
19appropriated to the Department of Commerce and Economic
20Opportunity for the Training in the Building Trades Program.
21Moneys in the Fund shall be expended for the Training in the
22Building Trades Program under subsection (a) and for no other
23purpose. All interest earned on moneys in the Fund shall be
24deposited into the Fund.
25(Source: P.A. 101-469, eff. 1-1-20; revised 10-18-19.)

SB2435 Enrolled- 192 -LRB102 04062 AMC 14078 b
1 (20 ILCS 605/605-1040)
2 Sec. 605-1040 605-1025. Assessment of marketing programs.
3The Department shall, in consultation with the General
4Assembly, complete an assessment of its current practices
5related to marketing programs administered by the Department
6and the extent to which the Department assists Illinois
7residents in the use and coordination of programs offered by
8the Department. That assessment shall be completed by December
931, 2019.
10 Upon review of the assessment, if the Department, in
11consultation with the General Assembly, concludes that a
12Citizens Services Coordinator is needed to assist Illinois
13residents in obtaining services and programs offered by the
14Department, then the Department may, subject to appropriation,
15hire an individual to serve as a Citizens Services
16Coordinator. The Citizens Services Coordinator shall assist
17Illinois residents seeking out and obtaining services and
18programs offered by the Department and shall monitor resident
19inquiries to determine which services are most in demand on a
20regional basis.
21(Source: P.A. 101-497, eff. 1-1-20; revised 10-18-19.)
22 (20 ILCS 605/605-1045)
23 Sec. 605-1045. (Repealed).
24(Source: P.A. 101-640, eff. 6-12-20. Repealed internally, eff.
2512-31-20.)

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1 (20 ILCS 605/605-1047)
2 Sec. 605-1047 605-1045. Local Coronavirus Urgent
3Remediation Emergency (or Local CURE) Support Program.
4 (a) Purpose. The Department may receive, directly or
5indirectly, federal funds from the Coronavirus Relief Fund
6provided to the State pursuant to Section 5001 of the federal
7Coronavirus Aid, Relief, and Economic Security (CARES) Act to
8provide financial support to units of local government for
9purposes authorized by Section 5001 of the federal Coronavirus
10Aid, Relief, and Economic Security (CARES) Act and related
11federal guidance. Upon receipt of such funds, and
12appropriations for their use, the Department shall administer
13a Local Coronavirus Urgent Remediation Emergency (or Local
14CURE) Support Program to provide financial support to units of
15local government that have incurred necessary expenditures due
16to the COVID-19 public health emergency. The Department shall
17provide by rule the administrative framework for the Local
18CURE Support Program.
19 (b) Allocations. A portion of the funds appropriated for
20the Local CURE Support Program may be allotted to
21municipalities and counties based on proportionate population.
22Units of local government, or portions thereof, located within
23the five Illinois counties that received direct allotments
24from the federal Coronavirus Relief Fund will not be included
25in the support program allotments. The Department may

SB2435 Enrolled- 194 -LRB102 04062 AMC 14078 b
1establish other administrative procedures for providing
2financial support to units of local government. Appropriated
3funds may be used for administration of the support program,
4including the hiring of a service provider to assist with
5coordination and administration.
6 (c) Administrative Procedures. The Department may
7establish administrative procedures for the support program,
8including any application procedures, grant agreements,
9certifications, payment methodologies, and other
10accountability measures that may be imposed upon recipients of
11funds under the grant program. Financial support may be
12provided in the form of grants or in the form of expense
13reimbursements for disaster-related expenditures. The
14emergency rulemaking process may be used to promulgate the
15initial rules of the grant program.
16 (d) Definitions. As used in this Section:
17 (1) "COVID-19" means the novel coronavirus virus
18 disease deemed COVID-19 by the World Health Organization
19 on February 11, 2020.
20 (2) "Local government" or "unit of local government"
21 means any unit of local government as defined in Article
22 VII, Section 1 of the Illinois Constitution.
23 (3) "Third party administrator" means a service
24 provider selected by the Department to provide operational
25 assistance with the administration of the support program.
26 (e) Powers of the Department. The Department has the power

SB2435 Enrolled- 195 -LRB102 04062 AMC 14078 b
1to:
2 (1) Provide financial support to eligible units of
3 local government with funds appropriated from the Local
4 Coronavirus Urgent Remediation Emergency (Local CURE) Fund
5 to cover necessary costs incurred due to the COVID-19
6 public health emergency that are eligible to be paid using
7 federal funds from the Coronavirus Relief Fund.
8 (2) Enter into agreements, accept funds, issue grants
9 or expense reimbursements, and engage in cooperation with
10 agencies of the federal government and units of local
11 governments to carry out the purposes of this support
12 program, and to use funds appropriated from the Local
13 Coronavirus Urgent Remediation Emergency (Local CURE) Fund
14 fund upon such terms and conditions as may be established
15 by the federal government and the Department.
16 (3) Enter into agreements with third-party
17 administrators to assist the state with operational
18 assistance and administrative functions related to review
19 of documentation and processing of financial support
20 payments to units of local government.
21 (4) Establish applications, notifications, contracts,
22 and procedures and adopt rules deemed necessary and
23 appropriate to carry out the provisions of this Section.
24 To provide for the expeditious and timely implementation
25 of this Act, emergency rules to implement any provision of
26 this Section may be adopted by the Department subject to

SB2435 Enrolled- 196 -LRB102 04062 AMC 14078 b
1 the provisions of Section 5-45 of the Illinois
2 Administrative Procedure Act.
3 (5) Provide staff, administration, and related support
4 required to manage the support program and pay for the
5 staffing, administration, and related support with funds
6 appropriated from the Local Coronavirus Urgent Remediation
7 Emergency (Local CURE) Fund.
8 (6) Exercise such other powers as are necessary or
9 incidental to the foregoing.
10 (f) Local CURE Financial Support to Local Governments. The
11Department is authorized to provide financial support to
12eligible units of local government including, but not limited
13to, certified local health departments for necessary costs
14incurred due to the COVID-19 public health emergency that are
15eligible to be paid using federal funds from the Coronavirus
16Relief Fund.
17 (1) Financial support funds may be used by a unit of
18 local government only for payment of costs that: (i) are
19 necessary expenditures incurred due to the public health
20 emergency of COVID-19; (ii) were not accounted for in the
21 most recent budget approved as of March 27, 2020 for the
22 unit of local government; and (iii) were incurred between
23 March 1, 2020 and December 30, 2020.
24 (2) A unit of local government receiving financial
25 support funds under this program shall certify to the
26 Department that it shall use the funds in accordance with

SB2435 Enrolled- 197 -LRB102 04062 AMC 14078 b
1 the requirements of paragraph (1) and that any funds
2 received but not used for such purposes shall be repaid to
3 the Department.
4 (3) The Department shall make the determination to
5 provide financial support funds to a unit of local
6 government on the basis of criteria established by the
7 Department.
8(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
9 Section 105. The Illinois Enterprise Zone Act is amended
10by changing Sections 5.5 and 13 as follows:
11 (20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
12 Sec. 5.5. High Impact Business.
13 (a) In order to respond to unique opportunities to assist
14in the encouragement, development, growth, and expansion of
15the private sector through large scale investment and
16development projects, the Department is authorized to receive
17and approve applications for the designation of "High Impact
18Businesses" in Illinois subject to the following conditions:
19 (1) such applications may be submitted at any time
20 during the year;
21 (2) such business is not located, at the time of
22 designation, in an enterprise zone designated pursuant to
23 this Act;
24 (3) the business intends to do one or more of the

SB2435 Enrolled- 198 -LRB102 04062 AMC 14078 b
1 following:
2 (A) the business intends to make a minimum
3 investment of $12,000,000 which will be placed in
4 service in qualified property and intends to create
5 500 full-time equivalent jobs at a designated location
6 in Illinois or intends to make a minimum investment of
7 $30,000,000 which will be placed in service in
8 qualified property and intends to retain 1,500
9 full-time retained jobs at a designated location in
10 Illinois. The business must certify in writing that
11 the investments would not be placed in service in
12 qualified property and the job creation or job
13 retention would not occur without the tax credits and
14 exemptions set forth in subsection (b) of this
15 Section. The terms "placed in service" and "qualified
16 property" have the same meanings as described in
17 subsection (h) of Section 201 of the Illinois Income
18 Tax Act; or
19 (B) the business intends to establish a new
20 electric generating facility at a designated location
21 in Illinois. "New electric generating facility", for
22 purposes of this Section, means a newly-constructed
23 electric generation plant or a newly-constructed
24 generation capacity expansion at an existing electric
25 generation plant, including the transmission lines and
26 associated equipment that transfers electricity from

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1 points of supply to points of delivery, and for which
2 such new foundation construction commenced not sooner
3 than July 1, 2001. Such facility shall be designed to
4 provide baseload electric generation and shall operate
5 on a continuous basis throughout the year; and (i)
6 shall have an aggregate rated generating capacity of
7 at least 1,000 megawatts for all new units at one site
8 if it uses natural gas as its primary fuel and
9 foundation construction of the facility is commenced
10 on or before December 31, 2004, or shall have an
11 aggregate rated generating capacity of at least 400
12 megawatts for all new units at one site if it uses coal
13 or gases derived from coal as its primary fuel and
14 shall support the creation of at least 150 new
15 Illinois coal mining jobs, or (ii) shall be funded
16 through a federal Department of Energy grant before
17 December 31, 2010 and shall support the creation of
18 Illinois coal-mining jobs, or (iii) shall use coal
19 gasification or integrated gasification-combined cycle
20 units that generate electricity or chemicals, or both,
21 and shall support the creation of Illinois coal-mining
22 jobs. The business must certify in writing that the
23 investments necessary to establish a new electric
24 generating facility would not be placed in service and
25 the job creation in the case of a coal-fueled plant
26 would not occur without the tax credits and exemptions

SB2435 Enrolled- 200 -LRB102 04062 AMC 14078 b
1 set forth in subsection (b-5) of this Section. The
2 term "placed in service" has the same meaning as
3 described in subsection (h) of Section 201 of the
4 Illinois Income Tax Act; or
5 (B-5) the business intends to establish a new
6 gasification facility at a designated location in
7 Illinois. As used in this Section, "new gasification
8 facility" means a newly constructed coal gasification
9 facility that generates chemical feedstocks or
10 transportation fuels derived from coal (which may
11 include, but are not limited to, methane, methanol,
12 and nitrogen fertilizer), that supports the creation
13 or retention of Illinois coal-mining jobs, and that
14 qualifies for financial assistance from the Department
15 before December 31, 2010. A new gasification facility
16 does not include a pilot project located within
17 Jefferson County or within a county adjacent to
18 Jefferson County for synthetic natural gas from coal;
19 or
20 (C) the business intends to establish production
21 operations at a new coal mine, re-establish production
22 operations at a closed coal mine, or expand production
23 at an existing coal mine at a designated location in
24 Illinois not sooner than July 1, 2001; provided that
25 the production operations result in the creation of
26 150 new Illinois coal mining jobs as described in

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

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1 construct new transmission facilities or upgrade
2 existing transmission facilities would not be placed
3 in service without the tax credits and exemptions set
4 forth in subsection (b-5) of this Section. The term
5 "placed in service" has the same meaning as described
6 in subsection (h) of Section 201 of the Illinois
7 Income Tax Act; or
8 (E) the business intends to establish a new wind
9 power facility at a designated location in Illinois.
10 For purposes of this Section, "new wind power
11 facility" means a newly constructed electric
12 generation facility, or a newly constructed expansion
13 of an existing electric generation facility, placed in
14 service on or after July 1, 2009, that generates
15 electricity using wind energy devices, and such
16 facility shall be deemed to include all associated
17 transmission lines, substations, and other equipment
18 related to the generation of electricity from wind
19 energy devices. For purposes of this Section, "wind
20 energy device" means any device, with a nameplate
21 capacity of at least 0.5 megawatts, that is used in the
22 process of converting kinetic energy from the wind to
23 generate electricity; or
24 (F) the business commits to (i) make a minimum
25 investment of $500,000,000, which will be placed in
26 service in a qualified property, (ii) create 125

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

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

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1Section have been created or retained. Businesses designated
2as High Impact Businesses under this Section shall also
3qualify for the exemption described in Section 5l of the
4Retailers' Occupation Tax Act. The credit provided in
5subsection (h) of Section 201 of the Illinois Income Tax Act
6shall be applicable to investments in qualified property as
7set forth in subdivision (a)(3)(A) of this Section.
8 (b-5) Businesses designated as High Impact Businesses
9pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
10and (a)(3)(D) of this Section shall qualify for the credits
11and exemptions described in the following Acts: Section 51 of
12the Retailers' Occupation Tax Act, Section 9-222 and Section
139-222.1A of the Public Utilities Act, and subsection (h) of
14Section 201 of the Illinois Income Tax Act; however, the
15credits and exemptions authorized under Section 9-222 and
16Section 9-222.1A of the Public Utilities Act, and subsection
17(h) of Section 201 of the Illinois Income Tax Act shall not be
18authorized until the new electric generating facility, the new
19gasification facility, the new transmission facility, or the
20new, expanded, or reopened coal mine is operational, except
21that a new electric generating facility whose primary fuel
22source is natural gas is eligible only for the exemption under
23Section 5l of the Retailers' Occupation Tax Act.
24 (b-6) Businesses designated as High Impact Businesses
25pursuant to subdivision (a)(3)(E) of this Section shall
26qualify for the exemptions described in Section 5l of the

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1Retailers' Occupation Tax Act; any business so designated as a
2High Impact Business being, for purposes of this Section, a
3"Wind Energy Business".
4 (b-7) Beginning on January 1, 2021, businesses designated
5as High Impact Businesses by the Department shall qualify for
6the High Impact Business construction jobs credit under
7subsection (h-5) of Section 201 of the Illinois Income Tax Act
8if the business meets the criteria set forth in subsection (i)
9of this Section. The total aggregate amount of credits awarded
10under the Blue Collar Jobs Act (Article 20 of Public Act 101-9
11this amendatory Act of the 101st General Assembly) shall not
12exceed $20,000,000 in any State fiscal year.
13 (c) High Impact Businesses located in federally designated
14foreign trade zones or sub-zones are also eligible for
15additional credits, exemptions and deductions as described in
16the following Acts: Section 9-221 and Section 9-222.1 of the
17Public Utilities Act; and subsection (g) of Section 201, and
18Section 203 of the Illinois Income Tax Act.
19 (d) Except for businesses contemplated under subdivision
20(a)(3)(E) of this Section, existing Illinois businesses which
21apply for designation as a High Impact Business must provide
22the Department with the prospective plan for which 1,500
23full-time retained jobs would be eliminated in the event that
24the business is not designated.
25 (e) Except for new wind power facilities contemplated
26under subdivision (a)(3)(E) of this Section, new proposed

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

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1Act, and the Department shall not revoke a High Impact
2Business designation as a result of the failure to comply with
3any of the terms or conditions of the Illinois Prevailing Wage
4Act in relation to a new wind power facility or a Wind Energy
5Business.
6 (h) Prior to designating a business, the Department shall
7provide the members of the General Assembly and Commission on
8Government Forecasting and Accountability with a report
9setting forth the terms and conditions of the designation and
10guarantees that have been received by the Department in
11relation to the proposed business being designated.
12 (i) High Impact Business construction jobs credit.
13Beginning on January 1, 2021, a High Impact Business may
14receive a tax credit against the tax imposed under subsections
15(a) and (b) of Section 201 of the Illinois Income Tax Act in an
16amount equal to 50% of the amount of the incremental income tax
17attributable to High Impact Business construction jobs credit
18employees employed in the course of completing a High Impact
19Business construction jobs project. However, the High Impact
20Business construction jobs credit may equal 75% of the amount
21of the incremental income tax attributable to High Impact
22Business construction jobs credit employees if the High Impact
23Business construction jobs credit project is located in an
24underserved area.
25 The Department shall certify to the Department of Revenue:
26(1) the identity of taxpayers that are eligible for the High

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1Impact Business construction jobs credit; and (2) the amount
2of High Impact Business construction jobs credits that are
3claimed pursuant to subsection (h-5) of Section 201 of the
4Illinois Income Tax Act in each taxable year. Any business
5entity that receives a High Impact Business construction jobs
6credit shall maintain a certified payroll pursuant to
7subsection (j) of this Section.
8 As used in this subsection (i):
9 "High Impact Business construction jobs credit" means an
10amount equal to 50% (or 75% if the High Impact Business
11construction project is located in an underserved area) of the
12incremental income tax attributable to High Impact Business
13construction job employees. The total aggregate amount of
14credits awarded under the Blue Collar Jobs Act (Article 20 of
15Public Act 101-9 this amendatory Act of the 101st General
16Assembly) shall not exceed $20,000,000 in any State fiscal
17year
18 "High Impact Business construction job employee" means a
19laborer or worker who is employed by an Illinois contractor or
20subcontractor in the actual construction work on the site of a
21High Impact Business construction job project.
22 "High Impact Business construction jobs project" means
23building a structure or building or making improvements of any
24kind to real property, undertaken and commissioned by a
25business that was designated as a High Impact Business by the
26Department. The term "High Impact Business construction jobs

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1project" does not include the routine operation, routine
2repair, or routine maintenance of existing structures,
3buildings, or real property.
4 "Incremental income tax" means the total amount withheld
5during the taxable year from the compensation of High Impact
6Business construction job employees.
7 "Underserved area" means a geographic area that meets one
8or more of the following conditions:
9 (1) the area has a poverty rate of at least 20%
10 according to the latest federal decennial census;
11 (2) 75% or more of the children in the area
12 participate in the federal free lunch program according to
13 reported statistics from the State Board of Education;
14 (3) at least 20% of the households in the area receive
15 assistance under the Supplemental Nutrition Assistance
16 Program (SNAP); or
17 (4) the area has an average unemployment rate, as
18 determined by the Illinois Department of Employment
19 Security, that is more than 120% of the national
20 unemployment average, as determined by the U.S. Department
21 of Labor, for a period of at least 2 consecutive calendar
22 years preceding the date of the application.
23 (j) Each contractor and subcontractor who is engaged in
24and executing a High Impact Business Construction jobs
25project, as defined under subsection (i) of this Section, for
26a business that is entitled to a credit pursuant to subsection

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1(i) of this Section shall:
2 (1) make and keep, for a period of 5 years from the
3 date of the last payment made on or after June 5, 2019 (the
4 effective date of Public Act 101-9) this amendatory Act of
5 the 101st General Assembly on a contract or subcontract
6 for a High Impact Business Construction Jobs Project,
7 records for all laborers and other workers employed by the
8 contractor or subcontractor on the project; the records
9 shall include:
10 (A) the worker's name;
11 (B) the worker's address;
12 (C) the worker's telephone number, if available;
13 (D) the worker's social security number;
14 (E) the worker's classification or
15 classifications;
16 (F) the worker's gross and net wages paid in each
17 pay period;
18 (G) the worker's number of hours worked each day;
19 (H) the worker's starting and ending times of work
20 each day;
21 (I) the worker's hourly wage rate; and
22 (J) the worker's hourly overtime wage rate;
23 (2) no later than the 15th day of each calendar month,
24 provide a certified payroll for the immediately preceding
25 month to the taxpayer in charge of the High Impact
26 Business construction jobs project; within 5 business days

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

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

SB2435 Enrolled- 214 -LRB102 04062 AMC 14078 b
1subcontractor shall make available for inspection and copying
2at a location within this State during reasonable hours, the
3records identified in this subsection (j) to the taxpayer in
4charge of the High Impact Business construction jobs project,
5its officers and agents, the Director of the Department of
6Labor and his or her deputies and agents, and to federal,
7State, or local law enforcement agencies and prosecutors.
8(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
9 (20 ILCS 655/13)
10 Sec. 13. Enterprise Zone construction jobs credit.
11 (a) Beginning on January 1, 2021, a business entity in a
12certified Enterprise Zone that makes a capital investment of
13at least $10,000,000 in an Enterprise Zone construction jobs
14project may receive an Enterprise Zone construction jobs
15credit against the tax imposed under subsections (a) and (b)
16of Section 201 of the Illinois Income Tax Act in an amount
17equal to 50% of the amount of the incremental income tax
18attributable to Enterprise Zone construction jobs credit
19employees employed in the course of completing an Enterprise
20Zone construction jobs project. However, the Enterprise Zone
21construction jobs credit may equal 75% of the amount of the
22incremental income tax attributable to Enterprise Zone
23construction jobs credit employees if the project is located
24in an underserved area.
25 (b) A business entity seeking a credit under this Section

SB2435 Enrolled- 215 -LRB102 04062 AMC 14078 b
1must submit an application to the Department and must receive
2approval from the designating municipality or county and the
3Department for the Enterprise Zone construction jobs credit
4project. The application must describe the nature and benefit
5of the project to the certified Enterprise Zone and its
6potential contributors. The total aggregate amount of credits
7awarded under the Blue Collar Jobs Act (Article 20 of Public
8Act 101-9 this amendatory Act of the 101st General Assembly)
9shall not exceed $20,000,000 in any State fiscal year.
10 Within 45 days after receipt of an application, the
11Department shall give notice to the applicant as to whether
12the application has been approved or disapproved. If the
13Department disapproves the application, it shall specify the
14reasons for this decision and allow 60 days for the applicant
15to amend and resubmit its application. The Department shall
16provide assistance upon request to applicants. Resubmitted
17applications shall receive the Department's approval or
18disapproval within 30 days after the application is
19resubmitted. Those resubmitted applications satisfying initial
20Department objectives shall be approved unless reasonable
21circumstances warrant disapproval.
22 On an annual basis, the designated zone organization shall
23furnish a statement to the Department on the programmatic and
24financial status of any approved project and an audited
25financial statement of the project.
26 The Department shall certify to the Department of Revenue

SB2435 Enrolled- 216 -LRB102 04062 AMC 14078 b
1the identity of taxpayers who are eligible for the credits and
2the amount of credits that are claimed pursuant to
3subparagraph (8) of subsection (f) of Section 201 the Illinois
4Income Tax Act.
5 The Enterprise Zone construction jobs credit project must
6be undertaken by the business entity in the course of
7completing a project that complies with the criteria contained
8in Section 4 of this Act and is undertaken in a certified
9Enterprise Zone. The Department shall adopt any necessary
10rules for the implementation of this subsection (b).
11 (c) Any business entity that receives an Enterprise Zone
12construction jobs credit shall maintain a certified payroll
13pursuant to subsection (d) of this Section.
14 (d) Each contractor and subcontractor who is engaged in
15and is executing an Enterprise Zone construction jobs credit
16project for a business that is entitled to a credit pursuant to
17this Section shall:
18 (1) make and keep, for a period of 5 years from the
19 date of the last payment made on or after June 5, 2019 (the
20 effective date of Public Act 101-9) this amendatory Act of
21 the 101st General Assembly on a contract or subcontract
22 for an Enterprise Zone construction jobs credit project,
23 records for all laborers and other workers employed by
24 them on the project; the records shall include:
25 (A) the worker's name;
26 (B) the worker's address;

SB2435 Enrolled- 217 -LRB102 04062 AMC 14078 b
1 (C) the worker's telephone number, if available;
2 (D) the worker's social security number;
3 (E) the worker's classification or
4 classifications;
5 (F) the worker's gross and net wages paid in each
6 pay period;
7 (G) the worker's number of hours worked each day;
8 (H) the worker's starting and ending times of work
9 each day;
10 (I) the worker's hourly wage rate; and
11 (J) the worker's hourly overtime wage rate;
12 (2) no later than the 15th day of each calendar month,
13 provide a certified payroll for the immediately preceding
14 month to the taxpayer in charge of the project; within 5
15 business days after receiving the certified payroll, the
16 taxpayer shall file the certified payroll with the
17 Department of Labor and the Department of Commerce and
18 Economic Opportunity; a certified payroll must be filed
19 for only those calendar months during which construction
20 on an Enterprise Zone construction jobs project has
21 occurred; the certified payroll shall consist of a
22 complete copy of the records identified in paragraph (1)
23 of this subsection (d), but may exclude the starting and
24 ending times of work each day; the certified payroll shall
25 be accompanied by a statement signed by the contractor or
26 subcontractor or an officer, employee, or agent of the

SB2435 Enrolled- 218 -LRB102 04062 AMC 14078 b
1 contractor or subcontractor which avers that:
2 (A) he or she has examined the certified payroll
3 records required to be submitted by the Act and such
4 records are true and accurate; and
5 (B) the contractor or subcontractor is aware that
6 filing a certified payroll that he or she knows to be
7 false is a Class A misdemeanor.
8 A general contractor is not prohibited from relying on a
9certified payroll of a lower-tier subcontractor, provided the
10general contractor does not knowingly rely upon a
11subcontractor's false certification.
12 Any contractor or subcontractor subject to this
13subsection, and any officer, employee, or agent of such
14contractor or subcontractor whose duty as an officer,
15employee, or agent it is to file a certified payroll under this
16subsection, who willfully fails to file such a certified
17payroll on or before the date such certified payroll is
18required by this paragraph to be filed and any person who
19willfully files a false certified payroll that is false as to
20any material fact is in violation of this Act and guilty of a
21Class A misdemeanor.
22 The taxpayer in charge of the project shall keep the
23records submitted in accordance with this subsection on or
24after June 5, 2019 (the effective date of Public Act 101-9)
25this amendatory Act of the 101st General Assembly for a period
26of 5 years from the date of the last payment for work on a

SB2435 Enrolled- 219 -LRB102 04062 AMC 14078 b
1contract or subcontract for the project.
2 The records submitted in accordance with this subsection
3shall be considered public records, except an employee's
4address, telephone number, and social security number, and
5made available in accordance with the Freedom of Information
6Act. The Department of Labor shall accept any reasonable
7submissions by the contractor that meet the requirements of
8this subsection and shall share the information with the
9Department in order to comply with the awarding of Enterprise
10Zone construction jobs credits. A contractor, subcontractor,
11or public body may retain records required under this Section
12in paper or electronic format.
13 Upon 7 business days' notice, the contractor and each
14subcontractor shall make available for inspection and copying
15at a location within this State during reasonable hours, the
16records identified in paragraph (1) of this subsection to the
17taxpayer in charge of the project, its officers and agents,
18the Director of Labor and his or her deputies and agents, and
19to federal, State, or local law enforcement agencies and
20prosecutors.
21 (e) As used in this Section:
22 "Enterprise Zone construction jobs credit" means an amount
23equal to 50% (or 75% if the project is located in an
24underserved area) of the incremental income tax attributable
25to Enterprise Zone construction jobs credit employees.
26 "Enterprise Zone construction jobs credit employee" means

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1a laborer or worker who is employed by an Illinois contractor
2or subcontractor in the actual construction work on the site
3of an Enterprise Zone construction jobs credit project.
4 "Enterprise Zone construction jobs credit project" means
5building a structure or building or making improvements of any
6kind to real property commissioned and paid for by a business
7that has applied and been approved for an Enterprise Zone
8construction jobs credit pursuant to this Section. "Enterprise
9Zone construction jobs credit project" does not include the
10routine operation, routine repair, or routine maintenance of
11existing structures, buildings, or real property.
12 "Incremental income tax" means the total amount withheld
13during the taxable year from the compensation of Enterprise
14Zone construction jobs credit employees.
15 "Underserved area" means a geographic area that meets one
16or more of the following conditions:
17 (1) the area has a poverty rate of at least 20%
18 according to the latest federal decennial census;
19 (2) 75% or more of the children in the area
20 participate in the federal free lunch program according to
21 reported statistics from the State Board of Education;
22 (3) at least 20% of the households in the area receive
23 assistance under the Supplemental Nutrition Assistance
24 Program (SNAP); or
25 (4) the area has an average unemployment rate, as
26 determined by the Illinois Department of Employment

SB2435 Enrolled- 221 -LRB102 04062 AMC 14078 b
1 Security, that is more than 120% of the national
2 unemployment average, as determined by the U.S. Department
3 of Labor, for a period of at least 2 consecutive calendar
4 years preceding the date of the application.
5(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
6 Section 110. The Lake Michigan Wind Energy Act is amended
7by changing Section 20 as follows:
8 (20 ILCS 896/20)
9 Sec. 20. Offshore Wind Energy Economic Development Policy
10Task Force.
11 (a) The Governor shall convene an Offshore Wind Energy
12Economic Development Policy Task Force, to be chaired by the
13Director of Commerce and Economic Opportunity, or his or her
14designee, to analyze and evaluate policy and economic options
15to facilitate the development of offshore wind energy, and to
16propose an appropriate Illinois mechanism for purchasing and
17selling power from possible offshore wind energy projects. The
18Task Force shall examine mechanisms used in other states and
19jurisdictions, including, without limitation, feed-in tariffs,
20renewable energy certificates, renewable energy certificate
21carve-outs, power purchase agreements, and pilot projects. The
22Task Force shall report its findings and recommendations to
23the Governor and General Assembly within 12 months of
24convening.

SB2435 Enrolled- 222 -LRB102 04062 AMC 14078 b
1 (b) The Director of the Illinois Power Agency (or his or
2her designee), the Executive Director of the Illinois Commerce
3Commission (or his or her designee), the Director of Natural
4Resources (or his or her designee), and the Attorney General
5(or his or her designee) shall serve as ex officio members of
6the Task Force.
7 (c) The Governor shall appoint, within 90 days of August
89, 2019 (the effective date of Public Act 101-283) this
9amendatory Act of the 101st General Assembly, the following
10public members to serve on the Task Force:
11 (1) one individual from an institution of higher
12 education in Illinois representing the discipline of
13 economics with experience in the study of renewable
14 energy;
15 (2) one individual representing an energy industry
16 with experience in renewable energy markets;
17 (3) one individual representing a Statewide consumer
18 or electric ratepayer organization;
19 (4) one individual representing the offshore wind
20 energy industry;
21 (5) one individual representing the wind energy supply
22 chain industry;
23 (6) one individual representing an Illinois electrical
24 cooperative, municipal electrical utility, or association
25 of such cooperatives or utilities;
26 (7) one individual representing an Illinois industrial

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1 union involved in the construction, maintenance, or
2 transportation of electrical generation, distribution, or
3 transmission equipment or components;
4 (8) one individual representing an Illinois commercial
5 or industrial electrical consumer;
6 (9) one individual representing an Illinois public
7 education electrical consumer;
8 (10) one individual representing an independent
9 transmission company;
10 (11) one individual from the Illinois legal community
11 with experience in contracts, utility law, municipal law,
12 and constitutional law;
13 (12) one individual representing a Great Lakes
14 regional organization with experience assessing or
15 studying wind energy;
16 (13) one individual representing a Statewide
17 environmental organization;
18 (14) one resident of the State representing an
19 organization advocating for persons of low or limited
20 incomes;
21 (15) one individual representing Argonne National
22 Laboratory; and
23 (16) one individual representing a local community
24 that has aggregated the purchase of electricity.
25 (d) The Governor may appoint additional public members to
26the Task Force.

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1 (e) The Speaker of the House of Representatives, Minority
2Leader of the House of Representatives, Senate President, and
3Minority Leader of the Senate shall each appoint one member of
4the General Assembly to serve on the Task Force.
5 (f) Members of the Task Force shall serve without
6compensation.
7(Source: P.A. 101-283, eff. 8-9-19; revised 11-21-19.)
8 Section 115. The Energy Policy and Planning Act is amended
9by changing Section 4 as follows:
10 (20 ILCS 1120/4) (from Ch. 96 1/2, par. 7804)
11 Sec. 4. Authority. (1) The Department in addition to its
12preparation of energy contingency plans, shall also analyze,
13prepare, and recommend a comprehensive energy plan for the
14State of Illinois.
15 The plan shall identify emerging trends related to energy
16supply, demand, conservation, public health and safety
17factors, and should specify the levels of statewide and
18service area energy needs, past, present, and estimated future
19demand, as well as the potential social, economic, or
20environmental effects caused by the continuation of existing
21trends and by the various alternatives available to the State.
22The plan shall also conform to the requirements of Section
238-402 of the Public Utilities Act. The Department shall design
24programs as necessary to achieve the purposes of this Act and

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1the planning objectives of the The Public Utilities Act. The
2Department's energy plan, and any programs designed pursuant
3to this Section shall be filed with the Commission in
4accordance with the Commission's planning responsibilities and
5hearing requirements related thereto. The Department shall
6periodically review the plan, objectives and programs at least
7every 2 years, and the results of such review and any resulting
8changes in the Department's plan or programs shall be filed
9with the Commission.
10 The Department's plan and programs and any review thereof,
11shall also be filed with the Governor, the General Assembly,
12and the Public Counsel, and shall be available to the public
13upon request.
14 The requirement for reporting to the General Assembly
15shall be satisfied by filing copies of the report as required
16by Section 3.1 of the General Assembly Organization Act, and
17filing such additional copies with the State Government Report
18Distribution Center for the General Assembly as is required
19under paragraph (t) of Section 7 of the State Library Act.
20(Source: P.A. 100-1148, eff. 12-10-18; revised 7-17-19.)
21 Section 120. The Department of Labor Law of the Civil
22Administrative Code of Illinois is amended by changing Section
231505-215 as follows:
24 (20 ILCS 1505/1505-215)

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1 Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory
2Board. (a) There is created within the Department of Labor a
3Bureau on Apprenticeship Programs. This Bureau shall work to
4increase minority participation in active apprentice programs
5in Illinois that are approved by the United States Department
6of Labor. The Bureau shall identify barriers to minorities
7gaining access to construction careers and make
8recommendations to the Governor and the General Assembly for
9policies to remove those barriers. The Department may hire
10staff to perform outreach in promoting diversity in active
11apprenticeship programs approved by the United States
12Department of Labor. The Bureau shall annually compile racial
13and gender workforce diversity information from contractors
14receiving State or other public funds and by labor unions with
15members working on projects receiving State or other public
16funds.
17(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
18revised 10-22-20.)
19 Section 125. The Illinois Lottery Law is amended by
20changing Sections 2 and 9.1 as follows:
21 (20 ILCS 1605/2) (from Ch. 120, par. 1152)
22 Sec. 2. This Act is enacted to implement and establish
23within the State a lottery to be conducted by the State through
24the Department. The entire net proceeds of the Lottery are to

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1be used for the support of the State's Common School Fund,
2except as provided in subsection (o) of Section 9.1 and
3Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, and 21.11,
421.12, and 21.13. The General Assembly finds that it is in the
5public interest for the Department to conduct the functions of
6the Lottery with the assistance of a private manager under a
7management agreement overseen by the Department. The
8Department shall be accountable to the General Assembly and
9the people of the State through a comprehensive system of
10regulation, audits, reports, and enduring operational
11oversight. The Department's ongoing conduct of the Lottery
12through a management agreement with a private manager shall
13act to promote and ensure the integrity, security, honesty,
14and fairness of the Lottery's operation and administration. It
15is the intent of the General Assembly that the Department
16shall conduct the Lottery with the assistance of a private
17manager under a management agreement at all times in a manner
18consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), 1953(b)(4).
19 Beginning with Fiscal Year 2018 and every year thereafter,
20any moneys transferred from the State Lottery Fund to the
21Common School Fund shall be supplemental to, and not in lieu
22of, any other money due to be transferred to the Common School
23Fund by law or appropriation.
24(Source: P.A. 100-466, eff. 6-1-18; 100-647, eff. 7-30-18;
25100-1068, eff. 8-24-18; 101-81, eff. 7-12-19; 101-561, eff.
268-23-19; revised 10-21-19.)

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1 (20 ILCS 1605/9.1)
2 Sec. 9.1. Private manager and management agreement.
3 (a) As used in this Section:
4 "Offeror" means a person or group of persons that responds
5to a request for qualifications under this Section.
6 "Request for qualifications" means all materials and
7documents prepared by the Department to solicit the following
8from offerors:
9 (1) Statements of qualifications.
10 (2) Proposals to enter into a management agreement,
11 including the identity of any prospective vendor or
12 vendors that the offeror intends to initially engage to
13 assist the offeror in performing its obligations under the
14 management agreement.
15 "Final offer" means the last proposal submitted by an
16offeror in response to the request for qualifications,
17including the identity of any prospective vendor or vendors
18that the offeror intends to initially engage to assist the
19offeror in performing its obligations under the management
20agreement.
21 "Final offeror" means the offeror ultimately selected by
22the Governor to be the private manager for the Lottery under
23subsection (h) of this Section.
24 (b) By September 15, 2010, the Governor shall select a
25private manager for the total management of the Lottery with

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1integrated functions, such as lottery game design, supply of
2goods and services, and advertising and as specified in this
3Section.
4 (c) Pursuant to the terms of this subsection, the
5Department shall endeavor to expeditiously terminate the
6existing contracts in support of the Lottery in effect on July
713, 2009 (the effective date of Public Act 96-37) this
8amendatory Act of the 96th General Assembly in connection with
9the selection of the private manager. As part of its
10obligation to terminate these contracts and select the private
11manager, the Department shall establish a mutually agreeable
12timetable to transfer the functions of existing contractors to
13the private manager so that existing Lottery operations are
14not materially diminished or impaired during the transition.
15To that end, the Department shall do the following:
16 (1) where such contracts contain a provision
17 authorizing termination upon notice, the Department shall
18 provide notice of termination to occur upon the mutually
19 agreed timetable for transfer of functions;
20 (2) upon the expiration of any initial term or renewal
21 term of the current Lottery contracts, the Department
22 shall not renew such contract for a term extending beyond
23 the mutually agreed timetable for transfer of functions;
24 or
25 (3) in the event any current contract provides for
26 termination of that contract upon the implementation of a

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1 contract with the private manager, the Department shall
2 perform all necessary actions to terminate the contract on
3 the date that coincides with the mutually agreed timetable
4 for transfer of functions.
5 If the contracts to support the current operation of the
6Lottery in effect on July 13, 2009 (the effective date of
7Public Act 96-34) this amendatory Act of the 96th General
8Assembly are not subject to termination as provided for in
9this subsection (c), then the Department may include a
10provision in the contract with the private manager specifying
11a mutually agreeable methodology for incorporation.
12 (c-5) The Department shall include provisions in the
13management agreement whereby the private manager shall, for a
14fee, and pursuant to a contract negotiated with the Department
15(the "Employee Use Contract"), utilize the services of current
16Department employees to assist in the administration and
17operation of the Lottery. The Department shall be the employer
18of all such bargaining unit employees assigned to perform such
19work for the private manager, and such employees shall be
20State employees, as defined by the Personnel Code. Department
21employees shall operate under the same employment policies,
22rules, regulations, and procedures, as other employees of the
23Department. In addition, neither historical representation
24rights under the Illinois Public Labor Relations Act, nor
25existing collective bargaining agreements, shall be disturbed
26by the management agreement with the private manager for the

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1management of the Lottery.
2 (d) The management agreement with the private manager
3shall include all of the following:
4 (1) A term not to exceed 10 years, including any
5 renewals.
6 (2) A provision specifying that the Department:
7 (A) shall exercise actual control over all
8 significant business decisions;
9 (A-5) has the authority to direct or countermand
10 operating decisions by the private manager at any
11 time;
12 (B) has ready access at any time to information
13 regarding Lottery operations;
14 (C) has the right to demand and receive
15 information from the private manager concerning any
16 aspect of the Lottery operations at any time; and
17 (D) retains ownership of all trade names,
18 trademarks, and intellectual property associated with
19 the Lottery.
20 (3) A provision imposing an affirmative duty on the
21 private manager to provide the Department with material
22 information and with any information the private manager
23 reasonably believes the Department would want to know to
24 enable the Department to conduct the Lottery.
25 (4) A provision requiring the private manager to
26 provide the Department with advance notice of any

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1 operating decision that bears significantly on the public
2 interest, including, but not limited to, decisions on the
3 kinds of games to be offered to the public and decisions
4 affecting the relative risk and reward of the games being
5 offered, so the Department has a reasonable opportunity to
6 evaluate and countermand that decision.
7 (5) A provision providing for compensation of the
8 private manager that may consist of, among other things, a
9 fee for services and a performance based bonus as
10 consideration for managing the Lottery, including terms
11 that may provide the private manager with an increase in
12 compensation if Lottery revenues grow by a specified
13 percentage in a given year.
14 (6) (Blank).
15 (7) A provision requiring the deposit of all Lottery
16 proceeds to be deposited into the State Lottery Fund
17 except as otherwise provided in Section 20 of this Act.
18 (8) A provision requiring the private manager to
19 locate its principal office within the State.
20 (8-5) A provision encouraging that at least 20% of the
21 cost of contracts entered into for goods and services by
22 the private manager in connection with its management of
23 the Lottery, other than contracts with sales agents or
24 technical advisors, be awarded to businesses that are a
25 minority-owned business, a women-owned business, or a
26 business owned by a person with disability, as those terms

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1 are defined in the Business Enterprise for Minorities,
2 Women, and Persons with Disabilities Act.
3 (9) A requirement that so long as the private manager
4 complies with all the conditions of the agreement under
5 the oversight of the Department, the private manager shall
6 have the following duties and obligations with respect to
7 the management of the Lottery:
8 (A) The right to use equipment and other assets
9 used in the operation of the Lottery.
10 (B) The rights and obligations under contracts
11 with retailers and vendors.
12 (C) The implementation of a comprehensive security
13 program by the private manager.
14 (D) The implementation of a comprehensive system
15 of internal audits.
16 (E) The implementation of a program by the private
17 manager to curb compulsive gambling by persons playing
18 the Lottery.
19 (F) A system for determining (i) the type of