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


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: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0558 [SB2435 Detail]

Download: Illinois-2021-SB2435-Chaptered.html



Public Act 102-0558
SB2435 EnrolledLRB102 04062 AMC 14078 b
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 2021 General
Revisory Act.
(b) This Act is not intended to make any substantive
change in the law. It reconciles conflicts that have arisen
from multiple amendments and enactments and makes technical
corrections and revisions in the law.
This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
(d) Public Acts 100-1178 through 101-651 were considered
in the preparation of the combining revisories included in
this Act. Many of those combining revisories contain no
striking or underscoring because no additional changes are
being made in the material that is being combined.
Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.30 and 4.40 as follows:
(5 ILCS 80/4.30)
Sec. 4.30. Act Acts repealed on January 1, 2020. The
following Act is Acts are repealed on January 1, 2020:
The Illinois Landscape Architecture Act of 1989.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
100-863, eff. 8-14-18; 101-269, eff. 8-9-19; 101-310, eff.
8-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313,
eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19;
101-357, eff. 8-9-19; 101-614, eff. 12-20-19; 101-621, eff.
12-20-19; revised 1-6-20.)
(5 ILCS 80/4.40)
Sec. 4.40. Acts Act repealed on January 1, 2030. The
following Acts are Act is repealed on January 1, 2030:
The Auction License Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
eff. 8-9-19; revised 9-27-19.)
Section 10. The Illinois Administrative Procedure Act is
amended by setting forth, renumbering, and changing multiple
versions of Sections 5-45.1 and 5-45.2 as follows:
(5 ILCS 100/5-45.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5-45.1. Emergency rulemaking. To provide for the
expeditious and timely implementation of changes made to
Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code by
Public Act 101-650 this amendatory Act of the 101st General
Assembly, emergency rules may be adopted in accordance with
Section 5-45 by the respective Department. The 24-month
limitation on the adoption of emergency rules does not apply
to rules adopted under this Section. The adoption of emergency
rules authorized by Section 5-45 and this Section is deemed to
be necessary for the public interest, safety, and welfare.
This Section is repealed on January 1, 2026.
(Source: P.A. 101-650, eff. 7-7-20; revised 8-3-20.)
(5 ILCS 100/5-45.2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5-45.2. Emergency rulemaking; Grants to local tourism
and convention bureaus. To provide for the expeditious and
timely implementation of the changes made to Section 605-705
of the Department of Commerce and Economic Opportunity Law of
the Civil Administrative Code of Illinois by Public Act
101-636 this amendatory Act of the 101st General Assembly,
emergency rules implementing the changes made to Section
605-705 of the Department of Commerce and Economic Opportunity
Law of the Civil Administrative Code of Illinois by Public Act
101-636 this amendatory Act of the 101st General Assembly may
be adopted in accordance with Section 5-45 by the Department
of Commerce and Economic Opportunity. The adoption of
emergency rules authorized by Section 5-45 and this Section is
deemed to be necessary for the public interest, safety, and
welfare.
This Section is repealed on January 1, 2026.
(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
(5 ILCS 100/5-45.4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5-45.4 5-45.1. Emergency rulemaking; Local
Coronavirus Urgent Remediation Emergency (or Local CURE)
Support Program. To provide for the expeditious and timely
implementation of the Local Coronavirus Urgent Remediation
Emergency (or Local CURE) Support Program, emergency rules
implementing the Local Coronavirus Urgent Remediation
Emergency (or Local CURE) Support Program may be adopted in
accordance with Section 5-45 by the Department of Commerce and
Economic Opportunity. The adoption of emergency rules
authorized by Section 5-45 and this Section is deemed to be
necessary for the public interest, safety, and welfare.
This Section is repealed on January 1, 2026.
(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
(5 ILCS 100/5-45.5)
Sec. 5-45.5 5-45.1. (Repealed).
(Source: P.A. 101-640, eff. 6-12-20; revised 8-3-20. Repealed
internally, eff. 1-1-21.)
(5 ILCS 100/5-45.6)
Sec. 5-45.6 5-45.1. (Repealed).
(Source: P.A. 101-642, eff. 6-16-20; revised 8-3-20. Repealed
internally, eff. 1-1-21.)
(5 ILCS 100/5-45.7)
Sec. 5-45.7 5-45.2. (Repealed).
(Source: P.A. 101-640, eff. 6-12-20; revised 8-3-20. Repealed
internally, eff. 1-1-21.)
Section 15. The Open Meetings Act is amended by changing
Sections 1.05 and 2 as follows:
(5 ILCS 120/1.05)
Sec. 1.05. Training.
(a) Every public body shall designate employees, officers,
or members to receive training on compliance with this Act.
Each public body shall submit a list of designated employees,
officers, or members to the Public Access Counselor. Within 6
months after January 1, 2010 (the effective date of Public Act
96-542) this amendatory Act of the 96th General Assembly, the
designated employees, officers, and members must successfully
complete an electronic training curriculum, developed and
administered by the Public Access Counselor, and thereafter
must successfully complete an annual training program.
Thereafter, whenever a public body designates an additional
employee, officer, or member to receive this training, that
person must successfully complete the electronic training
curriculum within 30 days after that designation.
(b) Except as otherwise provided in this Section, each
elected or appointed member of a public body subject to this
Act who is such a member on January 1, 2012 (the effective date
of Public Act 97-504) this amendatory Act of the 97th General
Assembly must successfully complete the electronic training
curriculum developed and administered by the Public Access
Counselor. For these members, the training must be completed
within one year after January 1, 2012 (the effective date of
Public Act 97-504) this amendatory Act.
Except as otherwise provided in this Section, each elected
or appointed member of a public body subject to this Act who
becomes such a member after January 1, 2012 (the effective
date of Public Act 97-504) this amendatory Act of the 97th
General Assembly shall successfully complete the electronic
training curriculum developed and administered by the Public
Access Counselor. For these members, the training must be
completed not later than the 90th day after the date the
member:
(1) takes the oath of office, if the member is
required to take an oath of office to assume the person's
duties as a member of the public body; or
(2) otherwise assumes responsibilities as a member of
the public body, if the member is not required to take an
oath of office to assume the person's duties as a member of
the governmental body.
Each member successfully completing the electronic
training curriculum shall file a copy of the certificate of
completion with the public body.
Completing the required training as a member of the public
body satisfies the requirements of this Section with regard to
the member's service on a committee or subcommittee of the
public body and the member's ex officio service on any other
public body.
The failure of one or more members of a public body to
complete the training required by this Section does not affect
the validity of an action taken by the public body.
An elected or appointed member of a public body subject to
this Act who has successfully completed the training required
under this subsection (b) and filed a copy of the certificate
of completion with the public body is not required to
subsequently complete the training required under this
subsection (b).
(c) An elected school board member may satisfy the
training requirements of this Section by participating in a
course of training sponsored or conducted by an organization
created under Article 23 of the School Code. The course of
training shall include, but not be limited to, instruction in:
(1) the general background of the legal requirements
for open meetings;
(2) the applicability of this Act to public bodies;
(3) procedures and requirements regarding quorums,
notice, and record-keeping under this Act;
(4) procedures and requirements for holding an open
meeting and for holding a closed meeting under this Act;
and
(5) penalties and other consequences for failing to
comply with this Act.
If an organization created under Article 23 of the School
Code provides a course of training under this subsection (c),
it must provide a certificate of course completion to each
school board member who successfully completes that course of
training.
(d) A commissioner of a drainage district may satisfy the
training requirements of this Section by participating in a
course of training sponsored or conducted by an organization
that represents the drainage districts created under the
Illinois Drainage Code. The course of training shall include,
but not be limited to, instruction in:
(1) the general background of the legal requirements
for open meetings;
(2) the applicability of this Act to public bodies;
(3) procedures and requirements regarding quorums,
notice, and record-keeping under this Act;
(4) procedures and requirements for holding an open
meeting and for holding a closed meeting under this Act;
and
(5) penalties and other consequences for failing to
comply with this Act.
If an organization that represents the drainage districts
created under the Illinois Drainage Code provides a course of
training under this subsection (d), it must provide a
certificate of course completion to each commissioner who
successfully completes that course of training.
(e) A director of a soil and water conservation district
may satisfy the training requirements of this Section by
participating in a course of training sponsored or conducted
by an organization that represents soil and water conservation
districts created under the Soil and Water Conservation
Districts Act. The course of training shall include, but not
be limited to, instruction in:
(1) the general background of the legal requirements
for open meetings;
(2) the applicability of this Act to public bodies;
(3) procedures and requirements regarding quorums,
notice, and record-keeping under this Act;
(4) procedures and requirements for holding an open
meeting and for holding a closed meeting under this Act;
and
(5) penalties and other consequences for failing to
comply with this Act.
If an organization that represents the soil and water
conservation districts created under the Soil and Water
Conservation Districts Act provides a course of training under
this subsection (e), it must provide a certificate of course
completion to each director who successfully completes that
course of training.
(f) An elected or appointed member of a public body of a
park district, forest preserve district, or conservation
district may satisfy the training requirements of this Section
by participating in a course of training sponsored or
conducted by an organization that represents the park
districts created in the Park District Code. The course of
training shall include, but not be limited to, instruction in:
(1) the general background of the legal requirements
for open meetings;
(2) the applicability of this Act to public bodies;
(3) procedures and requirements regarding quorums,
notice, and record-keeping under this Act;
(4) procedures and requirements for holding an open
meeting and for holding a closed meeting under this Act;
and
(5) penalties and other consequences for failing to
comply with this Act.
If an organization that represents the park districts
created in the Park District Code provides a course of
training under this subsection (f), it must provide a
certificate of course completion to each elected or appointed
member of a public body who successfully completes that course
of training.
(g) An elected or appointed member of the board of
trustees of a fire protection district may satisfy the
training requirements of this Section by participating in a
course of training sponsored or conducted by an organization
that represents fire protection districts created under the
Fire Protection District Act. The course of training shall
include, but not be limited to, instruction in:
(1) the general background of the legal requirements
for open meetings;
(2) the applicability of this Act to public bodies;
(3) procedures and requirements regarding quorums,
notice, and record-keeping under this Act;
(4) procedures and requirements for holding an open
meeting and for holding a closed meeting under this Act;
and
(5) penalties and other consequences for failing to
comply with this Act.
If an organization that represents fire protection
districts organized under the Fire Protection District Act
provides a course of training under this subsection (g), it
must provide a certificate of course completion to each
elected or appointed member of a board of trustees who
successfully completes that course of training.
(h) (g) An elected or appointed member of a public body of
a municipality may satisfy the training requirements of this
Section by participating in a course of training sponsored or
conducted by an organization that represents municipalities as
designated in Section 1-8-1 of the Illinois Municipal Code.
The course of training shall include, but not be limited to,
instruction in:
(1) the general background of the legal requirements
for open meetings;
(2) the applicability of this Act to public bodies;
(3) procedures and requirements regarding quorums,
notice, and record-keeping under this Act;
(4) procedures and requirements for holding an open
meeting and for holding a closed meeting under this Act;
and
(5) penalties and other consequences for failing to
comply with this Act.
If an organization that represents municipalities as
designated in Section 1-8-1 of the Illinois Municipal Code
provides a course of training under this subsection (h) (g),
it must provide a certificate of course completion to each
elected or appointed member of a public body who successfully
completes that course of training.
(Source: P.A. 100-1127, eff. 11-27-18; 101-233, eff. 1-1-20;
revised 9-27-19.)
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
8-23-19; revised 9-27-19.)
Section 20. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic or digital signatures under
the Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, the destruction or contamination of which
would constitute a clear and present danger to the health
or safety of the community, but only to the extent that
disclosure could reasonably be expected to jeopardize the
effectiveness of the measures or the safety of the
personnel who implement them or the public. Information
exempt under this item may include such things as details
pertaining to the mobilization or deployment of personnel
or equipment, to the operation of communication systems or
protocols, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) (kk) Records concerning the work of the threat
assessment team of a school district.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
Section 25. The State Records Act is amended by changing
Section 3 as follows:
(5 ILCS 160/3) (from Ch. 116, par. 43.6)
Sec. 3. Records as property of State.
(a) All records created or received by or under the
authority of or coming into the custody, control, or
possession of public officials of this State in the course of
their public duties are the property of the State. These
records may not be mutilated, destroyed, transferred, removed,
or otherwise damaged or disposed of, in whole or in part,
except as provided by law. Any person shall have the right of
access to any public records, unless access to the records is
otherwise limited or prohibited by law. This subsection (a)
does not apply to records that are subject to expungement
under subsection subsections (1.5) and (1.6) of Section 5-915
of the Juvenile Court Act of 1987.
(b) Reports and records of the obligation, receipt and use
of public funds of the State are public records available for
inspection by the public, except as access to such records is
otherwise limited or prohibited by law or pursuant to law.
These records shall be kept at the official place of business
of the State or at a designated place of business of the State.
These records shall be available for public inspection during
regular office hours except when in immediate use by persons
exercising official duties which require the use of those
records. Nothing in this section shall require the State to
invade or assist in the invasion of any person's right to
privacy. Nothing in this Section shall be construed to limit
any right given by statute or rule of law with respect to the
inspection of other types of records.
Warrants and vouchers in the keeping of the State
Comptroller may be destroyed by him as authorized in the
Comptroller's Records Act "An Act in relation to the
reproduction and destruction of records kept by the
Comptroller", approved August 1, 1949, as now or hereafter
amended after obtaining the approval of the State Records
Commission.
(Source: P.A. 98-637, eff. 1-1-15; revised 7-17-19.)
Section 30. The State Employees Group Insurance Act of
1971 is amended by changing Section 3 as follows:
(5 ILCS 375/3) (from Ch. 127, par. 523)
Sec. 3. Definitions. Unless the context otherwise
requires, the following words and phrases as used in this Act
shall have the following meanings. The Department may define
these and other words and phrases separately for the purpose
of implementing specific programs providing benefits under
this Act.
(a) "Administrative service organization" means any
person, firm or corporation experienced in the handling of
claims which is fully qualified, financially sound and capable
of meeting the service requirements of a contract of
administration executed with the Department.
(b) "Annuitant" means (1) an employee who retires, or has
retired, on or after January 1, 1966 on an immediate annuity
under the provisions of Articles 2, 14 (including an employee
who has elected to receive an alternative retirement
cancellation payment under Section 14-108.5 of the Illinois
Pension Code in lieu of an annuity or who meets the criteria
for retirement, but in lieu of receiving an annuity under that
Article has elected to receive an accelerated pension benefit
payment under Section 14-147.5 of that Article), 15 (including
an employee who has retired under the optional retirement
program established under Section 15-158.2 or who meets the
criteria for retirement but in lieu of receiving an annuity
under that Article has elected to receive an accelerated
pension benefit payment under Section 15-185.5 of the
Article), paragraphs (2), (3), or (5) of Section 16-106
(including an employee who meets the criteria for retirement,
but in lieu of receiving an annuity under that Article has
elected to receive an accelerated pension benefit payment
under Section 16-190.5 of the Illinois Pension Code), or
Article 18 of the Illinois Pension Code; (2) any person who was
receiving group insurance coverage under this Act as of March
31, 1978 by reason of his status as an annuitant, even though
the annuity in relation to which such coverage was provided is
a proportional annuity based on less than the minimum period
of service required for a retirement annuity in the system
involved; (3) any person not otherwise covered by this Act who
has retired as a participating member under Article 2 of the
Illinois Pension Code but is ineligible for the retirement
annuity under Section 2-119 of the Illinois Pension Code; (4)
the spouse of any person who is receiving a retirement annuity
under Article 18 of the Illinois Pension Code and who is
covered under a group health insurance program sponsored by a
governmental employer other than the State of Illinois and who
has irrevocably elected to waive his or her coverage under
this Act and to have his or her spouse considered as the
"annuitant" under this Act and not as a "dependent"; or (5) an
employee who retires, or has retired, from a qualified
position, as determined according to rules promulgated by the
Director, under a qualified local government, a qualified
rehabilitation facility, a qualified domestic violence shelter
or service, or a qualified child advocacy center. (For
definition of "retired employee", see (p) post).
(b-5) (Blank).
(b-6) (Blank).
(b-7) (Blank).
(c) "Carrier" means (1) an insurance company, a
corporation organized under the Limited Health Service
Organization Act or the Voluntary Health Services Plans Plan
Act, a partnership, or other nongovernmental organization,
which is authorized to do group life or group health insurance
business in Illinois, or (2) the State of Illinois as a
self-insurer.
(d) "Compensation" means salary or wages payable on a
regular payroll by the State Treasurer on a warrant of the
State Comptroller out of any State, trust or federal fund, or
by the Governor of the State through a disbursing officer of
the State out of a trust or out of federal funds, or by any
Department out of State, trust, federal or other funds held by
the State Treasurer or the Department, to any person for
personal services currently performed, and ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
the optional retirement program established under Section
15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
Article 18 of the Illinois Pension Code, for disability
incurred after January 1, 1966, or benefits payable under the
Workers' Compensation or Occupational Diseases Act or benefits
payable under a sick pay plan established in accordance with
Section 36 of the State Finance Act. "Compensation" also means
salary or wages paid to an employee of any qualified local
government, qualified rehabilitation facility, qualified
domestic violence shelter or service, or qualified child
advocacy center.
(e) "Commission" means the State Employees Group Insurance
Advisory Commission authorized by this Act. Commencing July 1,
1984, "Commission" as used in this Act means the Commission on
Government Forecasting and Accountability as established by
the Legislative Commission Reorganization Act of 1984.
(f) "Contributory", when referred to as contributory
coverage, shall mean optional coverages or benefits elected by
the member toward the cost of which such member makes
contribution, or which are funded in whole or in part through
the acceptance of a reduction in earnings or the foregoing of
an increase in earnings by an employee, as distinguished from
noncontributory coverage or benefits which are paid entirely
by the State of Illinois without reduction of the member's
salary.
(g) "Department" means any department, institution, board,
commission, officer, court or any agency of the State
government receiving appropriations and having power to
certify payrolls to the Comptroller authorizing payments of
salary and wages against such appropriations as are made by
the General Assembly from any State fund, or against trust
funds held by the State Treasurer and includes boards of
trustees of the retirement systems created by Articles 2, 14,
15, 16, and 18 of the Illinois Pension Code. "Department" also
includes the Illinois Comprehensive Health Insurance Board,
the Board of Examiners established under the Illinois Public
Accounting Act, and the Illinois Finance Authority.
(h) "Dependent", when the term is used in the context of
the health and life plan, means a member's spouse and any child
(1) from birth to age 26 including an adopted child, a child
who lives with the member from the time of the placement for
adoption until entry of an order of adoption, a stepchild or
adjudicated child, or a child who lives with the member if such
member is a court appointed guardian of the child or (2) age 19
or over who has a mental or physical disability from a cause
originating prior to the age of 19 (age 26 if enrolled as an
adult child dependent). For the health plan only, the term
"dependent" also includes (1) any person enrolled prior to the
effective date of this Section who is dependent upon the
member to the extent that the member may claim such person as a
dependent for income tax deduction purposes and (2) any person
who has received after June 30, 2000 an organ transplant and
who is financially dependent upon the member and eligible to
be claimed as a dependent for income tax purposes. A member
requesting to cover any dependent must provide documentation
as requested by the Department of Central Management Services
and file with the Department any and all forms required by the
Department.
(i) "Director" means the Director of the Illinois
Department of Central Management Services.
(j) "Eligibility period" means the period of time a member
has to elect enrollment in programs or to select benefits
without regard to age, sex or health.
(k) "Employee" means and includes each officer or employee
in the service of a department who (1) receives his
compensation for service rendered to the department on a
warrant issued pursuant to a payroll certified by a department
or on a warrant or check issued and drawn by a department upon
a trust, federal or other fund or on a warrant issued pursuant
to a payroll certified by an elected or duly appointed officer
of the State or who receives payment of the performance of
personal services on a warrant issued pursuant to a payroll
certified by a Department and drawn by the Comptroller upon
the State Treasurer against appropriations made by the General
Assembly from any fund or against trust funds held by the State
Treasurer, and (2) is employed full-time or part-time in a
position normally requiring actual performance of duty during
not less than 1/2 of a normal work period, as established by
the Director in cooperation with each department, except that
persons elected by popular vote will be considered employees
during the entire term for which they are elected regardless
of hours devoted to the service of the State, and (3) except
that "employee" does not include any person who is not
eligible by reason of such person's employment to participate
in one of the State retirement systems under Articles 2, 14, 15
(either the regular Article 15 system or the optional
retirement program established under Section 15-158.2), or 18,
or under paragraph (2), (3), or (5) of Section 16-106, of the
Illinois Pension Code, but such term does include persons who
are employed during the 6 month qualifying period under
Article 14 of the Illinois Pension Code. Such term also
includes any person who (1) after January 1, 1966, is
receiving ordinary or accidental disability benefits under
Articles 2, 14, 15 (including ordinary or accidental
disability benefits under the optional retirement program
established under Section 15-158.2), paragraphs (2), (3), or
(5) of Section 16-106, or Article 18 of the Illinois Pension
Code, for disability incurred after January 1, 1966, (2)
receives total permanent or total temporary disability under
the Workers' Compensation Act or Occupational Disease Act as a
result of injuries sustained or illness contracted in the
course of employment with the State of Illinois, or (3) is not
otherwise covered under this Act and has retired as a
participating member under Article 2 of the Illinois Pension
Code but is ineligible for the retirement annuity under
Section 2-119 of the Illinois Pension Code. However, a person
who satisfies the criteria of the foregoing definition of
"employee" except that such person is made ineligible to
participate in the State Universities Retirement System by
clause (4) of subsection (a) of Section 15-107 of the Illinois
Pension Code is also an "employee" for the purposes of this
Act. "Employee" also includes any person receiving or eligible
for benefits under a sick pay plan established in accordance
with Section 36 of the State Finance Act. "Employee" also
includes (i) each officer or employee in the service of a
qualified local government, including persons appointed as
trustees of sanitary districts regardless of hours devoted to
the service of the sanitary district, (ii) each employee in
the service of a qualified rehabilitation facility, (iii) each
full-time employee in the service of a qualified domestic
violence shelter or service, and (iv) each full-time employee
in the service of a qualified child advocacy center, as
determined according to rules promulgated by the Director.
(l) "Member" means an employee, annuitant, retired
employee or survivor. In the case of an annuitant or retired
employee who first becomes an annuitant or retired employee on
or after January 13, 2012 (the effective date of Public Act
97-668) this amendatory Act of the 97th General Assembly, the
individual must meet the minimum vesting requirements of the
applicable retirement system in order to be eligible for group
insurance benefits under that system. In the case of a
survivor who first becomes a survivor on or after January 13,
2012 (the effective date of Public Act 97-668) this amendatory
Act of the 97th General Assembly, the deceased employee,
annuitant, or retired employee upon whom the annuity is based
must have been eligible to participate in the group insurance
system under the applicable retirement system in order for the
survivor to be eligible for group insurance benefits under
that system.
(m) "Optional coverages or benefits" means those coverages
or benefits available to the member on his or her voluntary
election, and at his or her own expense.
(n) "Program" means the group life insurance, health
benefits and other employee benefits designed and contracted
for by the Director under this Act.
(o) "Health plan" means a health benefits program offered
by the State of Illinois for persons eligible for the plan.
(p) "Retired employee" means any person who would be an
annuitant as that term is defined herein but for the fact that
such person retired prior to January 1, 1966. Such term also
includes any person formerly employed by the University of
Illinois in the Cooperative Extension Service who would be an
annuitant but for the fact that such person was made
ineligible to participate in the State Universities Retirement
System by clause (4) of subsection (a) of Section 15-107 of the
Illinois Pension Code.
(q) "Survivor" means a person receiving an annuity as a
survivor of an employee or of an annuitant. "Survivor" also
includes: (1) the surviving dependent of a person who
satisfies the definition of "employee" except that such person
is made ineligible to participate in the State Universities
Retirement System by clause (4) of subsection (a) of Section
15-107 of the Illinois Pension Code; (2) the surviving
dependent of any person formerly employed by the University of
Illinois in the Cooperative Extension Service who would be an
annuitant except for the fact that such person was made
ineligible to participate in the State Universities Retirement
System by clause (4) of subsection (a) of Section 15-107 of the
Illinois Pension Code; (3) the surviving dependent of a person
who was an annuitant under this Act by virtue of receiving an
alternative retirement cancellation payment under Section
14-108.5 of the Illinois Pension Code; and (4) a person who
would be receiving an annuity as a survivor of an annuitant
except that the annuitant elected on or after June 4, 2018 to
receive an accelerated pension benefit payment under Section
14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code
in lieu of receiving an annuity.
(q-2) "SERS" means the State Employees' Retirement System
of Illinois, created under Article 14 of the Illinois Pension
Code.
(q-3) "SURS" means the State Universities Retirement
System, created under Article 15 of the Illinois Pension Code.
(q-4) "TRS" means the Teachers' Retirement System of the
State of Illinois, created under Article 16 of the Illinois
Pension Code.
(q-5) (Blank).
(q-6) (Blank).
(q-7) (Blank).
(r) "Medical services" means the services provided within
the scope of their licenses by practitioners in all categories
licensed under the Medical Practice Act of 1987.
(s) "Unit of local government" means any county,
municipality, township, school district (including a
combination of school districts under the Intergovernmental
Cooperation Act), special district or other unit, designated
as a unit of local government by law, which exercises limited
governmental powers or powers in respect to limited
governmental subjects, any not-for-profit association with a
membership that primarily includes townships and township
officials, that has duties that include provision of research
service, dissemination of information, and other acts for the
purpose of improving township government, and that is funded
wholly or partly in accordance with Section 85-15 of the
Township Code; any not-for-profit corporation or association,
with a membership consisting primarily of municipalities, that
operates its own utility system, and provides research,
training, dissemination of information, or other acts to
promote cooperation between and among municipalities that
provide utility services and for the advancement of the goals
and purposes of its membership; the Southern Illinois
Collegiate Common Market, which is a consortium of higher
education institutions in Southern Illinois; the Illinois
Association of Park Districts; and any hospital provider that
is owned by a county that has 100 or fewer hospital beds and
has not already joined the program. "Qualified local
government" means a unit of local government approved by the
Director and participating in a program created under
subsection (i) of Section 10 of this Act.
(t) "Qualified rehabilitation facility" means any
not-for-profit organization that is accredited by the
Commission on Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities) to provide services to persons with disabilities
and which receives funds from the State of Illinois for
providing those services, approved by the Director and
participating in a program created under subsection (j) of
Section 10 of this Act.
(u) "Qualified domestic violence shelter or service" means
any Illinois domestic violence shelter or service and its
administrative offices funded by the Department of Human
Services (as successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
(v) "TRS benefit recipient" means a person who:
(1) is not a "member" as defined in this Section; and
(2) is receiving a monthly benefit or retirement
annuity under Article 16 of the Illinois Pension Code or
would be receiving such monthly benefit or retirement
annuity except that the benefit recipient elected on or
after June 4, 2018 to receive an accelerated pension
benefit payment under Section 16-190.5 of the Illinois
Pension Code in lieu of receiving an annuity; and
(3) either (i) has at least 8 years of creditable
service under Article 16 of the Illinois Pension Code, or
(ii) was enrolled in the health insurance program offered
under that Article on January 1, 1996, or (iii) is the
survivor of a benefit recipient who had at least 8 years of
creditable service under Article 16 of the Illinois
Pension Code or was enrolled in the health insurance
program offered under that Article on June 21, 1995 (the
effective date of Public Act 89-25) this amendatory Act of
1995, or (iv) is a recipient or survivor of a recipient of
a disability benefit under Article 16 of the Illinois
Pension Code.
(w) "TRS dependent beneficiary" means a person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a TRS benefit recipient's: (A) spouse, (B)
dependent parent who is receiving at least half of his or
her support from the TRS benefit recipient, or (C)
natural, step, adjudicated, or adopted child who is (i)
under age 26, (ii) was, on January 1, 1996, participating
as a dependent beneficiary in the health insurance program
offered under Article 16 of the Illinois Pension Code, or
(iii) age 19 or over who has a mental or physical
disability from a cause originating prior to the age of 19
(age 26 if enrolled as an adult child).
"TRS dependent beneficiary" does not include, as indicated
under paragraph (2) of this subsection (w), a dependent of the
survivor of a TRS benefit recipient who first becomes a
dependent of a survivor of a TRS benefit recipient on or after
January 13, 2012 (the effective date of Public Act 97-668)
this amendatory Act of the 97th General Assembly unless that
dependent would have been eligible for coverage as a dependent
of the deceased TRS benefit recipient upon whom the survivor
benefit is based.
(x) "Military leave" refers to individuals in basic
training for reserves, special/advanced training, annual
training, emergency call up, activation by the President of
the United States, or any other training or duty in service to
the United States Armed Forces.
(y) (Blank).
(z) "Community college benefit recipient" means a person
who:
(1) is not a "member" as defined in this Section; and
(2) is receiving a monthly survivor's annuity or
retirement annuity under Article 15 of the Illinois
Pension Code or would be receiving such monthly survivor's
annuity or retirement annuity except that the benefit
recipient elected on or after June 4, 2018 to receive an
accelerated pension benefit payment under Section 15-185.5
of the Illinois Pension Code in lieu of receiving an
annuity; and
(3) either (i) was a full-time employee of a community
college district or an association of community college
boards created under the Public Community College Act
(other than an employee whose last employer under Article
15 of the Illinois Pension Code was a community college
district subject to Article VII of the Public Community
College Act) and was eligible to participate in a group
health benefit plan as an employee during the time of
employment with a community college district (other than a
community college district subject to Article VII of the
Public Community College Act) or an association of
community college boards, or (ii) is the survivor of a
person described in item (i).
(aa) "Community college dependent beneficiary" means a
person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a community college benefit recipient's: (A)
spouse, (B) dependent parent who is receiving at least
half of his or her support from the community college
benefit recipient, or (C) natural, step, adjudicated, or
adopted child who is (i) under age 26, or (ii) age 19 or
over and has a mental or physical disability from a cause
originating prior to the age of 19 (age 26 if enrolled as
an adult child).
"Community college dependent beneficiary" does not
include, as indicated under paragraph (2) of this subsection
(aa), a dependent of the survivor of a community college
benefit recipient who first becomes a dependent of a survivor
of a community college benefit recipient on or after January
13, 2012 (the effective date of Public Act 97-668) this
amendatory Act of the 97th General Assembly unless that
dependent would have been eligible for coverage as a dependent
of the deceased community college benefit recipient upon whom
the survivor annuity is based.
(bb) "Qualified child advocacy center" means any Illinois
child advocacy center and its administrative offices funded by
the Department of Children and Family Services, as defined by
the Children's Advocacy Center Act (55 ILCS 80/), approved by
the Director and participating in a program created under
subsection (n) of Section 10.
(cc) "Placement for adoption" means the assumption and
retention by a member of a legal obligation for total or
partial support of a child in anticipation of adoption of the
child. The child's placement with the member terminates upon
the termination of such legal obligation.
(Source: P.A. 100-355, eff. 1-1-18; 100-587, eff. 6-4-18;
101-242, eff. 8-9-19; revised 9-19-19.)
Section 40. The Illinois Governmental Ethics Act is
amended by changing Section 4A-108 as follows:
(5 ILCS 420/4A-108)
Sec. 4A-108. Internet-based systems of filing.
(a) Notwithstanding any other provision of this Act or any
other law, the Secretary of State and county clerks are
authorized to institute an Internet-based system for the
filing of statements of economic interests in their offices.
With respect to county clerk systems, the determination to
institute such a system shall be in the sole discretion of the
county clerk and shall meet the requirements set out in this
Section. With respect to a Secretary of State system, the
determination to institute such a system shall be in the sole
discretion of the Secretary of State and shall meet the
requirements set out in this Section and those Sections of the
State Officials and Employees Ethics Act requiring ethics
officer review prior to filing. The system shall be capable of
allowing an ethics officer to approve a statement of economic
interests and shall include a means to amend a statement of
economic interests. When this Section does not modify or
remove the requirements set forth elsewhere in this Article,
those requirements shall apply to any system of Internet-based
filing authorized by this Section. When this Section does
modify or remove the requirements set forth elsewhere in this
Article, the provisions of this Section shall apply to any
system of Internet-based filing authorized by this Section.
(b) In any system of Internet-based filing of statements
of economic interests instituted by the Secretary of State or
a county clerk:
(1) Any filing of an Internet-based statement of
economic interests shall be the equivalent of the filing
of a verified, written statement of economic interests as
required by Section 4A-101 or 4A-101.5 and the equivalent
of the filing of a verified, dated, and signed statement
of economic interests as required by Section 4A-104.
(2) The Secretary of State and county clerks who
institute a system of Internet-based filing of statements
of economic interests shall establish a password-protected
website to receive the filings of such statements. A
website established under this Section shall set forth and
provide a means of responding to the items set forth in
Section 4A-102 that are required of a person who files a
statement of economic interests with that officer. A
website established under this Section shall set forth and
provide a means of generating a printable receipt page
acknowledging filing.
(3) The times for the filing of statements of economic
interests set forth in Section 4A-105 shall be followed in
any system of Internet-based filing of statements of
economic interests; provided that a candidate for elective
office who is required to file a statement of economic
interests in relation to his or her candidacy pursuant to
Section 4A-105(a) shall receive a written or printed
receipt for his or her filing.
A candidate filing for Governor, Lieutenant Governor,
Attorney General, Secretary of State, Treasurer,
Comptroller, State Senate, or State House of
Representatives shall not use the Internet to file his or
her statement of economic interests, but shall file his or
her statement of economic interests in a written or
printed form and shall receive a written or printed
receipt for his or her filing. Annually, the duly
appointed ethics officer for each legislative caucus shall
certify to the Secretary of State whether his or her
caucus members will file their statements of economic
interests electronically or in a written or printed format
for that year. If the ethics officer for a caucus
certifies that the statements of economic interests shall
be written or printed, then members of the General
Assembly of that caucus shall not use the Internet to file
his or her statement of economic interests, but shall file
his or her statement of economic interests in a written or
printed form and shall receive a written or printed
receipt for his or her filing. If no certification is made
by an ethics officer for a legislative caucus, or if a
member of the General Assembly is not affiliated with a
legislative caucus, then the affected member or members of
the General Assembly may file their statements of economic
interests using the Internet.
(4) In the first year of the implementation of a
system of Internet-based filing of statements of economic
interests, each person required to file such a statement
is to be notified in writing of his or her obligation to
file his or her statement of economic interests by way of
the Internet-based system. If access to the website web
site requires a code or password, this information shall
be included in the notice prescribed by this paragraph.
(5) When a person required to file a statement of
economic interests has supplied the Secretary of State or
a county clerk, as applicable, with an email address for
the purpose of receiving notices under this Article by
email, a notice sent by email to the supplied email
address shall be the equivalent of a notice sent by first
class mail, as set forth in Section 4A-106 or 4A-106.5. A
person who has supplied such an email address shall notify
the Secretary of State or county clerk, as applicable,
when his or her email address changes or if he or she no
longer wishes to receive notices by email.
(6) If any person who is required to file a statement
of economic interests and who has chosen to receive
notices by email fails to file his or her statement by May
10, then the Secretary of State or county clerk, as
applicable, shall send an additional email notice on that
date, informing the person that he or she has not filed and
describing the penalties for late filing and failing to
file. This notice shall be in addition to other notices
provided for in this Article.
(7) The Secretary of State and each county clerk who
institutes a system of Internet-based filing of statements
of economic interests may also institute an Internet-based
process for the filing of the list of names and addresses
of persons required to file statements of economic
interests by the chief administrative officers that must
file such information with the Secretary of State or
county clerk, as applicable, pursuant to Section 4A-106 or
4A-106.5. Whenever the Secretary of State or a county
clerk institutes such a system under this paragraph, every
chief administrative officer must use the system to file
this information.
(8) The Secretary of State and any county clerk who
institutes a system of Internet-based filing of statements
of economic interests shall post the contents of such
statements filed with him or her available for inspection
and copying on a publicly accessible website. Such
postings shall not include the addresses or signatures of
the filers.
(Source: P.A. 100-1041, eff. 1-1-19; 101-221, eff. 8-9-19;
revised 9-12-19.)
Section 45. The State Officials and Employees Ethics Act
is amended by changing Sections 20-10 and 25-10 as follows:
(5 ILCS 430/20-10)
Sec. 20-10. Offices of Executive Inspectors General.
(a) Five independent Offices of the Executive Inspector
General are created, one each for the Governor, the Attorney
General, the Secretary of State, the Comptroller, and the
Treasurer. Each Office shall be under the direction and
supervision of an Executive Inspector General and shall be a
fully independent office with separate appropriations.
(b) The Governor, Attorney General, Secretary of State,
Comptroller, and Treasurer shall each appoint an Executive
Inspector General, without regard to political affiliation and
solely on the basis of integrity and demonstrated ability.
Appointments shall be made by and with the advice and consent
of the Senate by three-fifths of the elected members
concurring by record vote. Any nomination not acted upon by
the Senate within 60 session days of the receipt thereof shall
be deemed to have received the advice and consent of the
Senate. If, during a recess of the Senate, there is a vacancy
in an office of Executive Inspector General, the appointing
authority shall make a temporary appointment until the next
meeting of the Senate when the appointing authority shall make
a nomination to fill that office. No person rejected for an
office of Executive Inspector General shall, except by the
Senate's request, be nominated again for that office at the
same session of the Senate or be appointed to that office
during a recess of that Senate.
Nothing in this Article precludes the appointment by the
Governor, Attorney General, Secretary of State, Comptroller,
or Treasurer of any other inspector general required or
permitted by law. The Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer each may appoint an existing
inspector general as the Executive Inspector General required
by this Article, provided that such an inspector general is
not prohibited by law, rule, jurisdiction, qualification, or
interest from serving as the Executive Inspector General
required by this Article. An appointing authority may not
appoint a relative as an Executive Inspector General.
Each Executive Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at
least 2 years of which have been in a progressive
investigatory capacity; (B) as a federal, State, or local
prosecutor; (C) as a senior manager or executive of a
federal, State, or local agency; (D) as a member, an
officer, or a State or federal judge; or (E) representing
any combination of items (A) through (D).
The term of each initial Executive Inspector General shall
commence upon qualification and shall run through June 30,
2008. The initial appointments shall be made within 60 days
after the effective date of this Act.
After the initial term, each Executive Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. An Executive Inspector General may be
reappointed to one or more subsequent terms.
A vacancy occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the Executive Inspector General whose office is
vacant.
Terms shall run regardless of whether the position is
filled.
(c) The Executive Inspector General appointed by the
Attorney General shall have jurisdiction over the Attorney
General and all officers and employees of, and vendors and
others doing business with, State agencies within the
jurisdiction of the Attorney General. The Executive Inspector
General appointed by the Secretary of State shall have
jurisdiction over the Secretary of State and all officers and
employees of, and vendors and others doing business with,
State agencies within the jurisdiction of the Secretary of
State. The Executive Inspector General appointed by the
Comptroller shall have jurisdiction over the Comptroller and
all officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Comptroller. The Executive Inspector General appointed by the
Treasurer shall have jurisdiction over the Treasurer and all
officers and employees of, and vendors and others doing
business with, State agencies within the jurisdiction of the
Treasurer. The Executive Inspector General appointed by the
Governor shall have jurisdiction over (i) the Governor, (ii)
the Lieutenant Governor, (iii) all officers and employees of,
and vendors and others doing business with, executive branch
State agencies under the jurisdiction of the Executive Ethics
Commission and not within the jurisdiction of the Attorney
General, the Secretary of State, the Comptroller, or the
Treasurer, and (iv) all board members and employees of the
Regional Transit Boards and all vendors and others doing
business with the Regional Transit Boards.
The jurisdiction of each Executive Inspector General is to
investigate allegations of fraud, waste, abuse, mismanagement,
misconduct, nonfeasance, misfeasance, malfeasance, or
violations of this Act or violations of other related laws and
rules.
Each Executive Inspector General shall have jurisdiction
over complainants in violation of subsection (e) of Section
20-63 for disclosing a summary report prepared by the
respective Executive Inspector General.
(d) The compensation for each Executive Inspector General
shall be determined by the Executive Ethics Commission and
shall be made from appropriations made to the Comptroller for
this purpose. Subject to Section 20-45 of this Act, each
Executive Inspector General has full authority to organize his
or her Office of the Executive Inspector General, including
the employment and determination of the compensation of staff,
such as deputies, assistants, and other employees, as
appropriations permit. A separate appropriation shall be made
for each Office of Executive Inspector General.
(e) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment
by hiring in the ordinary course of business.
(e-1) No Executive Inspector General or employee of the
Office of the Executive Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local
judicial office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Executive Ethics Commission.
(f) An Executive Inspector General may be removed only for
cause and may be removed only by the appointing constitutional
officer. At the time of the removal, the appointing
constitutional officer must report to the Executive Ethics
Commission the justification for the removal.
(Source: P.A. 101-221, eff. 8-9-19; revised 9-13-19.)
(5 ILCS 430/25-10)
Sec. 25-10. Office of Legislative Inspector General.
(a) The independent Office of the Legislative Inspector
General is created. The Office shall be under the direction
and supervision of the Legislative Inspector General and shall
be a fully independent office with its own appropriation.
(b) The Legislative Inspector General shall be appointed
without regard to political affiliation and solely on the
basis of integrity and demonstrated ability. The Legislative
Ethics Commission shall diligently search out qualified
candidates for Legislative Inspector General and shall make
recommendations to the General Assembly. The Legislative
Inspector General may serve in a full-time, part-time, or
contractual capacity.
The Legislative Inspector General shall be appointed by a
joint resolution of the Senate and the House of
Representatives, which may specify the date on which the
appointment takes effect. A joint resolution, or other
document as may be specified by the Joint Rules of the General
Assembly, appointing the Legislative Inspector General must be
certified by the Speaker of the House of Representatives and
the President of the Senate as having been adopted by the
affirmative vote of three-fifths of the members elected to
each house, respectively, and be filed with the Secretary of
State. The appointment of the Legislative Inspector General
takes effect on the day the appointment is completed by the
General Assembly, unless the appointment specifies a later
date on which it is to become effective.
The Legislative Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the
laws of this State, another state, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at
least 2 years of which have been in a progressive
investigatory capacity; (B) as a federal, State, or local
prosecutor; (C) as a senior manager or executive of a
federal, State, or local agency; (D) as a member, an
officer, or a State or federal judge; or (E) representing
any combination of items (A) through (D).
The Legislative Inspector General may not be a relative of
a commissioner.
The term of the initial Legislative Inspector General
shall commence upon qualification and shall run through June
30, 2008.
After the initial term, the Legislative Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. The Legislative Inspector General may be
reappointed to one or more subsequent terms. Terms shall run
regardless of whether the position is filled.
(b-5) A vacancy occurring other than at the end of a term
shall be filled in the same manner as an appointment only for
the balance of the term of the Legislative Inspector General
whose office is vacant. Within 7 days of the Office becoming
vacant or receipt of a Legislative Inspector General's
prospective resignation, the vacancy shall be publicly posted
on the Commission's website, along with a description of the
requirements for the position and where applicants may apply.
Within 45 days of the vacancy, the Commission shall
designate an Acting Legislative Inspector General who shall
serve until the vacancy is filled. The Commission shall file
the designation in writing with the Secretary of State.
Within 60 days prior to the end of the term of the
Legislative Inspector General or within 30 days of the
occurrence of a vacancy in the Office of the Legislative
Inspector General, the Legislative Ethics Commission shall
establish a four-member search committee within the Commission
for the purpose of conducting a search for qualified
candidates to serve as Legislative Inspector General. The
Speaker of the House of Representatives, Minority Leader of
the House, Senate President, and Minority Leader of the Senate
shall each appoint one member to the search committee. A
member of the search committee shall be either a retired judge
or former prosecutor and may not be a member or employee of the
General Assembly or a registered lobbyist. If the Legislative
Ethics Commission wishes to recommend that the Legislative
Inspector General be re-appointed, a search committee does not
need to be appointed.
The search committee shall conduct a search for qualified
candidates, accept applications, and conduct interviews. The
search committee shall recommend up to 3 candidates for
Legislative Inspector General to the Legislative Ethics
Commission. The search committee shall be disbanded upon an
appointment of the Legislative Inspector General. Members of
the search committee are not entitled to compensation but
shall be entitled to reimbursement of reasonable expenses
incurred in connection with the performance of their duties.
Within 30 days after June 8, 2018 (the effective date of
Public Act 100-588) this amendatory Act of the 100th General
Assembly, the Legislative Ethics Commission shall create a
search committee in the manner provided for in this subsection
to recommend up to 3 candidates for Legislative Inspector
General to the Legislative Ethics Commission by October 31,
2018.
If a vacancy exists and the Commission has not appointed
an Acting Legislative Inspector General, either the staff of
the Office of the Legislative Inspector General, or if there
is no staff, the Executive Director, shall advise the
Commission of all open investigations and any new allegations
or complaints received in the Office of the Inspector General.
These reports shall not include the name of any person
identified in the allegation or complaint, including, but not
limited to, the subject of and the person filing the
allegation or complaint. Notification shall be made to the
Commission on a weekly basis unless the Commission approves of
a different reporting schedule.
If the Office of the Inspector General is vacant for 6
months or more beginning on or after January 1, 2019, and the
Legislative Ethics Commission has not appointed an Acting
Legislative Inspector General, all complaints made to the
Legislative Inspector General or the Legislative Ethics
Commission shall be directed to the Inspector General for the
Auditor General, and he or she shall have the authority to act
as provided in subsection (c) of this Section and Section
25-20 of this Act, and shall be subject to all laws and rules
governing a Legislative Inspector General or Acting
Legislative Inspector General. The authority for the Inspector
General of the Auditor General under this paragraph shall
terminate upon appointment of a Legislative Inspector General
or an Acting Legislative Inspector General.
(c) The Legislative Inspector General shall have
jurisdiction over the current and former members of the
General Assembly regarding events occurring during a member's
term of office and current and former State employees
regarding events occurring during any period of employment
where the State employee's ultimate jurisdictional authority
is (i) a legislative leader, (ii) the Senate Operations
Commission, or (iii) the Joint Committee on Legislative
Support Services.
The jurisdiction of each Legislative Inspector General is
to investigate allegations of fraud, waste, abuse,
mismanagement, misconduct, nonfeasance, misfeasance,
malfeasance, or violations of this Act or violations of other
related laws and rules.
The Legislative Inspector General shall have jurisdiction
over complainants in violation of subsection (e) of Section
25-63 of this Act.
(d) The compensation of the Legislative Inspector General
shall be the greater of an amount (i) determined (i) by the
Commission or (ii) by joint resolution of the General Assembly
passed by a majority of members elected in each chamber.
Subject to Section 25-45 of this Act, the Legislative
Inspector General has full authority to organize the Office of
the Legislative Inspector General, including the employment
and determination of the compensation of staff, such as
deputies, assistants, and other employees, as appropriations
permit. Employment of staff is subject to the approval of at
least 3 of the 4 legislative leaders.
(e) No Legislative Inspector General or employee of the
Office of the Legislative Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) actively participate in any campaign for any
elective office.
A full-time Legislative Inspector General shall not engage
in the practice of law or any other business, employment, or
vocation.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment
by hiring in the ordinary course of business.
(e-1) No Legislative Inspector General or employee of the
Office of the Legislative Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local
judicial office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Legislative Ethics Commission.
(f) The Commission may remove the Legislative Inspector
General only for cause. At the time of the removal, the
Commission must report to the General Assembly the
justification for the removal.
(Source: P.A. 100-588, eff. 6-8-18; 101-221, eff. 8-9-19;
revised 9-12-19.)
Section 50. The Seizure and Forfeiture Reporting Act is
amended by changing Section 5 as follows:
(5 ILCS 810/5)
Sec. 5. Applicability. This Act is applicable to property
seized or forfeited under the following provisions of law:
(1) Section 3.23 of the Illinois Food, Drug and
Cosmetic Act;
(2) Section 44.1 of the Environmental Protection Act;
(3) Section 105-55 of the Herptiles-Herps Act;
(4) Section 1-215 of the Fish and Aquatic Life Code;
(5) Section 1.25 of the Wildlife Code;
(6) Section 17-10.6 of the Criminal Code of 2012
(financial institution fraud);
(7) Section 28-5 of the Criminal Code of 2012
(gambling);
(8) Article 29B of the Criminal Code of 2012 (money
laundering);
(9) Article 33G of the Criminal Code of 2012 (Illinois
Street Gang and Racketeer Influenced And Corrupt
Organizations Law);
(10) Article 36 of the Criminal Code of 2012 (seizure
and forfeiture of vessels, vehicles, and aircraft);
(11) Section 47-15 of the Criminal Code of 2012
(dumping garbage upon real property);
(12) Article 124B of the Code of Criminal Procedure of
1963 procedure (forfeiture);
(13) the Drug Asset Forfeiture Procedure Act;
(14) the Narcotics Profit Forfeiture Act;
(15) the Illinois Streetgang Terrorism Omnibus
Prevention Act; and
(16) the Illinois Securities Law of 1953.
(Source: P.A. 100-512, eff. 7-1-18; revised 9-9-19.)
Section 55. The Gun Trafficking Information Act is amended
by changing Section 10-1 as follows:
(5 ILCS 830/10-1)
Sec. 10-1. Short title. This Article 10 5 may be cited as
the Gun Trafficking Information Act. References in this
Article to "this Act" mean this Article.
(Source: P.A. 100-1178, eff. 1-18-19; revised 7-17-19.)
Section 60. The Election Code is amended by changing
Sections 1A-3, 1A-45, 2A-1.2, 6-50.2, 6A-3, and 9-15 as
follows:
(10 ILCS 5/1A-3) (from Ch. 46, par. 1A-3)
Sec. 1A-3. Subject to the confirmation requirements of
Section 1A-4, 4 members of the State Board of Elections shall
be appointed in each odd-numbered year as follows:
(1) The Governor shall appoint 2 members of the same
political party with which he is affiliated, one from each
area of required residence.
(2) The Governor shall appoint 2 members of the
political party whose candidate for Governor in the most
recent general election received the second highest number
of votes, one from each area of required residence, from a
list of nominees submitted by the first state executive
officer in the order indicated herein affiliated with such
political party: Attorney General, Secretary of State,
Comptroller, and Treasurer. If none of the State executive
officers listed herein is affiliated with such political
party, the nominating State officer shall be the first
State executive officer in the order indicated herein
affiliated with an established political party other than
that of the Governor.
(3) The nominating state officer shall submit in
writing to the Governor 3 names of qualified persons for
each membership on the State Board of Elections Election
to be appointed from the political party of that officer.
The Governor may reject any or all of the nominees on any
such list and may request an additional list. The second
list shall be submitted by the nominating officer and
shall contain 3 new names of qualified persons for each
remaining appointment, except that if the Governor
expressly reserves any nominee's name from the first list,
that nominee shall not be replaced on the second list. The
second list shall be final.
(4) Whenever all the state executive officers
designated in paragraph (2) are affiliated with the same
political party as that of the Governor, all 4 members of
the Board to be appointed that year, from both designated
political parties, shall be appointed by the Governor
without nominations.
(5) The Governor shall submit in writing to the
President of the Senate the name of each person appointed
to the State Board of Elections, and shall designate the
term for which the appointment is made and the name of the
member whom the appointee is to succeed.
(6) The appointments shall be made and submitted by
the Governor no later than April 1 and a nominating state
officer required to submit a list of nominees to the
Governor pursuant to paragraph (3) shall submit a list no
later than March 1. For appointments occurring in 2019,
the appointments shall be made and submitted by the
Governor no later than May 15.
(7) In the appointment of the initial members of the
Board pursuant to this amendatory Act of 1978, the
provisions of paragraphs (1), (2), (3), (5), and (6) of
this Section shall apply except that the Governor shall
appoint all 8 members, 2 from each of the designated
political parties from each area of required residence.
(Source: P.A. 101-5, eff. 5-15-19; revised 9-9-19.)
(10 ILCS 5/1A-45)
Sec. 1A-45. Electronic Registration Information Center.
(a) The State Board of Elections shall enter into an
agreement with the Electronic Registration Information Center
effective no later than January 1, 2016, for the purpose of
maintaining a statewide voter registration database. The State
Board of Elections shall comply with the requirements of the
Electronic Registration Information Center Membership
Agreement. The State Board of Elections shall require a term
in the Electronic Registration Information Center Membership
Agreement that requires the State to share identification
records contained in the Secretary of State's Driver Services
Department and Vehicle Services Department, the Department of
Human Services, the Department of Healthcare and Family
Services, the Department on of Aging, and the Department of
Employment Security databases (excluding those fields
unrelated to voter eligibility, such as income or health
information).
(b) The Secretary of State and the State Board of
Elections shall enter into an agreement to permit the
Secretary of State to provide the State Board of Elections
with any information required for compliance with the
Electronic Registration Information Center Membership
Agreement. The Secretary of State shall deliver this
information as frequently as necessary for the State Board of
Elections to comply with the Electronic Registration
Information Center Membership Agreement.
(b-5) The State Board of Elections and the Department of
Human Services, the Department of Healthcare and Family
Services, the Department on Aging, and the Department of
Employment Security shall enter into an agreement to require
each department to provide the State Board of Elections with
any information necessary to transmit member data under the
Electronic Registration Information Center Membership
Agreement. The director or secretary, as applicable, of each
agency shall deliver this information on an annual basis to
the State Board of Elections pursuant to the agreement between
the entities.
(c) Any communication required to be delivered to a
registrant or potential registrant pursuant to the Electronic
Registration Information Center Membership Agreement shall
include at least the following message:
"Our records show people at this address may not be
registered to vote at this address, but you may be
eligible to register to vote or re-register to vote at
this address. If you are a U.S. Citizen, a resident of
Illinois, and will be 18 years old or older before the next
general election in November, you are qualified to vote.
We invite you to check your registration online at
(enter URL) or register to vote online at (enter URL), by
requesting a mail-in voter registration form by (enter
instructions for requesting a mail-in voter registration
form), or visiting the (name of election authority) office
at (address of election authority)."
The words "register to vote online at (enter URL)" shall
be bolded and of a distinct nature from the other words in the
message required by this subsection (c).
(d) Any communication required to be delivered to a
potential registrant that has been identified by the
Electronic Registration Information Center as eligible to vote
but who is not registered to vote in Illinois shall be prepared
and disseminated at the direction of the State Board of
Elections. All other communications with potential registrants
or re-registrants pursuant to the Electronic Registration
Information Center Membership Agreement shall be prepared and
disseminated at the direction of the appropriate election
authority.
(e) The Executive Director of the State Board of Elections
or his or her designee shall serve as the Member
Representative to the Electronic Registration Information
Center.
(f) The State Board of Elections may adopt any rules
necessary to enforce this Section or comply with the
Electronic Registration Information Center Membership
Agreement.
(Source: P.A. 98-1171, eff. 6-1-15; revised 7-17-19.)
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2. Consolidated schedule of elections; offices
elections - offices designated.
(a) At the general election in the appropriate
even-numbered years, the following offices shall be filled or
shall be on the ballot as otherwise required by this Code:
(1) Elector of President and Vice President of the
United States;
(2) United States Senator and United States
Representative;
(3) State Executive Branch elected officers;
(4) State Senator and State Representative;
(5) County elected officers, including State's
Attorney, County Board member, County Commissioners, and
elected President of the County Board or County Chief
Executive;
(6) Circuit Court Clerk;
(7) Regional Superintendent of Schools, except in
counties or educational service regions in which that
office has been abolished;
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies
and newly created judicial offices;
(9) (Blank);
(10) Trustee of the Metropolitan Water Reclamation
Sanitary District of Greater Chicago, and elected Trustee
of other Sanitary Districts;
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an
annual election and permits or requires election of
candidates of political parties.
(b) At the general primary election:
(1) in each even-numbered year candidates of political
parties shall be nominated for those offices to be filled
at the general election in that year, except where
pursuant to law nomination of candidates of political
parties is made by caucus.
(2) in the appropriate even-numbered years the
political party offices of State central committeeperson,
township committeeperson, ward committeeperson, and
precinct committeeperson shall be filled and delegates and
alternate delegates to the National nominating conventions
shall be elected as may be required pursuant to this Code.
In the even-numbered years in which a Presidential
election is to be held, candidates in the Presidential
preference primary shall also be on the ballot.
(3) in each even-numbered year, where the municipality
has provided for annual elections to elect municipal
officers pursuant to Section 6(f) or Section 7 of Article
VII of the Constitution, pursuant to the Illinois
Municipal Code or pursuant to the municipal charter, the
offices of such municipal officers shall be filled at an
election held on the date of the general primary election,
provided that the municipal election shall be a
nonpartisan election where required by the Illinois
Municipal Code. For partisan municipal elections in
even-numbered years, a primary to nominate candidates for
municipal office to be elected at the general primary
election shall be held on the Tuesday 6 weeks preceding
that election.
(4) in each school district which has adopted the
provisions of Article 33 of the School Code, successors to
the members of the board of education whose terms expire
in the year in which the general primary is held shall be
elected.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(1) Municipal officers, provided that in
municipalities in which candidates for alderman or other
municipal office are not permitted by law to be candidates
of political parties, the runoff election where required
by law, or the nonpartisan election where required by law,
shall be held on the date of the consolidated election;
and provided further, in the case of municipal officers
provided for by an ordinance providing the form of
government of the municipality pursuant to Section 7 of
Article VII of the Constitution, such offices shall be
filled by election or by runoff election as may be
provided by such ordinance;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district permits or
requires election of candidates of political parties;
(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township
Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chair of the Chain O Lakes - Fox
River Waterway Management Agency;
(11) Forest preserve district commissioners elected
under Section 3.5 of the Downstate Forest Preserve
District Act;
(12) Elected members of school boards, school
trustees, directors of boards of school directors,
trustees of county boards of school trustees (except in
counties or educational service regions having a
population of 2,000,000 or more inhabitants) and members
of boards of school inspectors, except school boards in
school districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium
Districts;
(17) Elected Officers of special districts not
otherwise designated in this Section for which the law
governing those districts does not permit candidates of
political parties.
(d) At the consolidated primary election in each
odd-numbered year, candidates of political parties shall be
nominated for those offices to be filled at the consolidated
election in that year, except where pursuant to law nomination
of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of
subsection (c).
At the consolidated primary election in the appropriate
odd-numbered years, the mayor, clerk, treasurer, and aldermen
shall be elected in municipalities in which candidates for
mayor, clerk, treasurer, or alderman are not permitted by law
to be candidates of political parties, subject to runoff
elections to be held at the consolidated election as may be
required by law, and municipal officers shall be nominated in
a nonpartisan election in municipalities in which pursuant to
law candidates for such office are not permitted to be
candidates of political parties.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
elected, or elected subject to a runoff, as may be provided by
an ordinance providing a form of government of the
municipality pursuant to Section 7 of Article VII of the
Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public
questions may be submitted to voters pursuant to this Code and
any special election otherwise required or authorized by law
or by court order may be conducted pursuant to this Code.
Notwithstanding the regular dates for election of officers
established in this Article, whenever a referendum is held for
the establishment of a political subdivision whose officers
are to be elected, the initial officers shall be elected at the
election at which such referendum is held if otherwise so
provided by law. In such cases, the election of the initial
officers shall be subject to the referendum.
Notwithstanding the regular dates for election of
officials established in this Article, any community college
district which becomes effective by operation of law pursuant
to Section 6-6.1 of the Public Community College Act, as now or
hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the
effective date of the new district.
(g) At any election established in Section 2A-1.1, if in
any precinct there are no offices or public questions required
to be on the ballot under this Code then no election shall be
held in the precinct on that date.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.
(Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
(10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
Sec. 6-50.2. (a) The board of election commissioners shall
appoint all precinct committeepersons in the election
jurisdiction as deputy registrars who may accept the
registration of any qualified resident of the State, except
during the 27 days preceding an election.
The board of election commissioners shall appoint each of
the following named persons as deputy registrars upon the
written request of such persons:
1. The chief librarian, or a qualified person
designated by the chief librarian, of any public library
situated within the election jurisdiction, who may accept
the registrations of any qualified resident of the State,
at such library.
2. The principal, or a qualified person designated by
the principal, of any high school, elementary school, or
vocational school situated within the election
jurisdiction, who may accept the registrations of any
resident of the State, at such school. The board of
election commissioners shall notify every principal and
vice-principal of each high school, elementary school, and
vocational school situated in the election jurisdiction of
their eligibility to serve as deputy registrars and offer
training courses for service as deputy registrars at
conveniently located facilities at least 4 months prior to
every election.
3. The president, or a qualified person designated by
the president, of any university, college, community
college, academy, or other institution of learning
situated within the State, who may accept the
registrations of any resident of the election
jurisdiction, at such university, college, community
college, academy, or institution.
4. A duly elected or appointed official of a bona fide
labor organization, or a reasonable number of qualified
members designated by such official, who may accept the
registrations of any qualified resident of the State.
5. A duly elected or appointed official of a bona fide
State civic organization, as defined and determined by
rule of the State Board of Elections, or qualified members
designated by such official, who may accept the
registration of any qualified resident of the State. In
determining the number of deputy registrars that shall be
appointed, the board of election commissioners shall
consider the population of the jurisdiction, the size of
the organization, the geographic size of the jurisdiction,
convenience for the public, the existing number of deputy
registrars in the jurisdiction and their location, the
registration activities of the organization and the need
to appoint deputy registrars to assist and facilitate the
registration of non-English speaking individuals. In no
event shall a board of election commissioners fix an
arbitrary number applicable to every civic organization
requesting appointment of its members as deputy
registrars. The State Board of Elections shall by rule
provide for certification of bona fide State civic
organizations. Such appointments shall be made for a
period not to exceed 2 years, terminating on the first
business day of the month following the month of the
general election, and shall be valid for all periods of
voter registration as provided by this Code during the
terms of such appointments.
6. The Director of Healthcare and Family Services, or
a reasonable number of employees designated by the
Director and located at public aid offices, who may accept
the registration of any qualified resident of the election
jurisdiction at any such public aid office.
7. The Director of the Illinois Department of
Employment Security, or a reasonable number of employees
designated by the Director and located at unemployment
offices, who may accept the registration of any qualified
resident of the election jurisdiction at any such
unemployment office. If the request to be appointed as
deputy registrar is denied, the board of election
commissioners shall, within 10 days after the date the
request is submitted, provide the affected individual or
organization with written notice setting forth the
specific reasons or criteria relied upon to deny the
request to be appointed as deputy registrar.
8. The president of any corporation, as defined by the
Business Corporation Act of 1983, or a reasonable number
of employees designated by such president, who may accept
the registrations of any qualified resident of the State.
The board of election commissioners may appoint as many
additional deputy registrars as it considers necessary. The
board of election commissioners shall appoint such additional
deputy registrars in such manner that the convenience of the
public is served, giving due consideration to both population
concentration and area. Some of the additional deputy
registrars shall be selected so that there are an equal number
from each of the 2 major political parties in the election
jurisdiction. The board of election commissioners, in
appointing an additional deputy registrar, shall make the
appointment from a list of applicants submitted by the Chair
of the County Central Committee of the applicant's political
party. A Chair of a County Central Committee shall submit a
list of applicants to the board by November 30 of each year.
The board may require a Chair of a County Central Committee to
furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time
other than the 27-day 27 day period preceding an election. All
persons appointed as deputy registrars shall be registered
voters within the election jurisdiction and shall take and
subscribe to the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I
will support the Constitution of the United States, and the
Constitution of the State of Illinois, and that I will
faithfully discharge the duties of the office of registration
officer to the best of my ability and that I will register no
person nor cause the registration of any person except upon
his personal application before me.
....................................
(Signature of Registration Officer)"
This oath shall be administered and certified to by one of
the commissioners or by the executive director or by some
person designated by the board of election commissioners, and
shall immediately thereafter be filed with the board of
election commissioners. The members of the board of election
commissioners and all persons authorized by them under the
provisions of this Article to take registrations, after
themselves taking and subscribing to the above oath, are
authorized to take or administer such oaths and execute such
affidavits as are required by this Article.
Appointments of deputy registrars under this Section,
except precinct committeepersons, shall be for 2-year terms,
commencing on December 1 following the general election of
each even-numbered year, except that the terms of the initial
appointments shall be until December 1st following the next
general election. Appointments of precinct committeepersons
shall be for 2-year terms commencing on the date of the county
convention following the general primary at which they were
elected. The county clerk shall issue a certificate of
appointment to each deputy registrar, and shall maintain in
his office for public inspection a list of the names of all
appointees.
(b) The board of election commissioners shall be
responsible for training all deputy registrars appointed
pursuant to subsection (a), at times and locations reasonably
convenient for both the board of election commissioners and
such appointees. The board of election commissioners shall be
responsible for certifying and supervising all deputy
registrars appointed pursuant to subsection (a). Deputy
registrars appointed under subsection (a) shall be subject to
removal for cause.
(c) Completed registration materials under the control of
deputy registrars appointed pursuant to subsection (a) shall
be returned to the appointing election authority by
first-class mail within 2 business days or personal delivery
within 7 days, except that completed registration materials
received by the deputy registrars during the period between
the 35th and 28th day preceding an election shall be returned
by the deputy registrars to the appointing election authority
within 48 hours after receipt thereof. The completed
registration materials received by the deputy registrars on
the 28th day preceding an election shall be returned by the
deputy registrars within 24 hours after receipt thereof.
Unused materials shall be returned by deputy registrars
appointed pursuant to paragraph 4 of subsection (a), not later
than the next working day following the close of registration.
(d) The county clerk or board of election commissioners,
as the case may be, must provide any additional forms
requested by any deputy registrar regardless of the number of
unaccounted registration forms the deputy registrar may have
in his or her possession.
(e) No deputy registrar shall engage in any electioneering
or the promotion of any cause during the performance of his or
her duties.
(f) The board of election commissioners shall not be
criminally or civilly liable for the acts or omissions of any
deputy registrar. Such deputy registrars shall not be deemed
to be employees of the board of election commissioners.
(g) Completed registration materials returned by deputy
registrars for persons residing outside the election
jurisdiction shall be transmitted by the board of election
commissioners within 2 days after receipt to the election
authority of the person's election jurisdiction of residence.
(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
(10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
Sec. 6A-3. Commissioners; filling vacancies.
(a) If the county board adopts an ordinance providing for
the establishment of a county board of election commissioners,
or if a majority of the votes cast on a proposition submitted
in accordance with Section 6A-2(a) are in favor of a county
board of election commissioners, a county board of election
commissioners shall be appointed in the same manner as is
provided in Article 6 for boards of election commissioners in
cities, villages and incorporated towns, except that the
county board of election commissioners shall be appointed by
the chair of the county board rather than the circuit court.
However, before any appointments are made, the appointing
authority shall ascertain whether the county clerk desires to
be a member of the county board of election commissioners. If
the county clerk so desires, he shall be one of the members of
the county board of election commissioners, and the appointing
authority shall appoint only 2 other members.
(b) For any county board of election commissioners
established under subsection (b) of Section 6A-1, within 30
days after July 29, 2013 (the effective date of Public Act
98-115) this amendatory Act of the 98th General Assembly, the
chief judge of the circuit court of the county shall appoint 5
commissioners. At least 4 of those commissioners shall be
selected from the 2 major established political parties of the
State, with at least 2 from each of those parties. Such
appointment shall be entered of record in the office of the
County Clerk and the State Board of Elections. Those first
appointed shall hold their offices for the period of one, 2,
and 3 years respectively, and the judge appointing them shall
designate the term for which each commissioner shall hold his
or her office, whether for one, 2 or 3 years except that no
more than one commissioner from each major established
political party may be designated the same term. After the
initial term, each commissioner or his or her successor shall
be appointed to a 3-year 3 year term. No elected official or
former elected official who has been out of elected office for
less than 2 years may be appointed to the board. Vacancies
shall be filled by the chief judge of the circuit court within
30 days of the vacancy in a manner that maintains the foregoing
political party representation.
(c) For any county board of election commissioners
established under subsection (c) of Section 6A-1, within 30
days after the conclusion of the election at which the
proposition to establish a county board of election
commissioners is approved by the voters, the municipal board
shall apply to the circuit court of the county for the chief
judge of the circuit court to appoint 2 additional
commissioners, one of whom shall be from each major
established political party and neither of whom shall reside
within the limits of the municipal board, so that 3
commissioners shall reside within the limits of the municipal
board and 2 shall reside within the county but not within the
municipality, as it may exist from time to time. Not more than
3 of the commissioners shall be members of the same major
established political party. Vacancies shall be filled by the
chief judge of the circuit court upon application of the
remaining commissioners in a manner that maintains the
foregoing geographical and political party representation.
(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
(10 ILCS 5/9-15) (from Ch. 46, par. 9-15)
Sec. 9-15. It shall be the duty of the Board: -
(1) to develop prescribed forms for filing statements
of organization and required reports;
(2) to prepare, publish, and furnish to the
appropriate persons a manual of instructions setting forth
recommended uniform methods of bookkeeping and reporting
under this Article;
(3) to prescribe suitable rules and regulations to
carry out the provisions of this Article. Such rules and
regulations shall be published and made available to the
public;
(4) to send by first class mail, after the general
primary election in even numbered years, to the chair of
each regularly constituted State central committee, county
central committee and, in counties with a population of
more than 3,000,000, to the committeepersons of each
township and ward organization of each political party
notice of their obligations under this Article, along with
a form for filing the statement of organization;
(5) to promptly make all reports and statements filed
under this Article available for public inspection and
copying no later than 2 business days after their receipt
and to permit copying of any such report or statement at
the expense of the person requesting the copy;
(6) to develop a filing, coding, and cross-indexing
system consistent with the purposes of this Article;
(7) to compile and maintain a list of all statements
or parts of statements pertaining to each candidate;
(8) to prepare and publish such reports as the Board
may deem appropriate;
(9) to annually notify each political committee that
has filed a statement of organization with the Board of
the filing dates for each quarterly report, provided that
such notification shall be made by first-class mail unless
the political committee opts to receive notification
electronically via email; and
(10) to promptly send, by first class mail directed
only to the officers of a political committee, and by
certified mail to the address of the political committee,
written notice of any fine or penalty assessed or imposed
against the political committee under this Article.
(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
Section 65. The Illinois Identification Card Act is
amended by changing Sections 5 and 17 as follows:
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card,
or for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name,
residence address and zip code, social security number, birth
date, sex and a brief description of the applicant. The
applicant shall be photographed, unless the Secretary of State
has provided by rule for the issuance of identification cards
without photographs and the applicant is deemed eligible for
an identification card without a photograph under the terms
and conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In
addition to the residence address, the Secretary may allow the
applicant to provide a mailing address. If the applicant is a
judicial officer as defined in Section 1-10 of the Judicial
Privacy Act or a peace officer, the applicant may elect to have
his or her office or work address in lieu of the applicant's
residence or mailing address. An applicant for an Illinois
Person with a Disability Identification Card must also submit
with each original or renewal application, on forms prescribed
by the Secretary, such documentation as the Secretary may
require, establishing that the applicant is a "person with a
disability" as defined in Section 4A of this Act, and setting
forth the applicant's type and class of disability as set
forth in Section 4A of this Act. For the purposes of this
subsection (a), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that
duty extends to all violations or is limited to specific
violations.
(a-5) Upon the first issuance of a request for proposals
for a digital driver's license and identification card
issuance and facial recognition system issued after January 1,
2020 (the effective date of Public Act 101-513) this
amendatory Act of the 101st General Assembly, and upon
implementation of a new or revised system procured pursuant to
that request for proposals, the Secretary shall permit
applicants to choose between "male", "female", or "non-binary"
when designating the applicant's sex on the identification
card application form. The sex designated by the applicant
shall be displayed on the identification card issued to the
applicant.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of
this Act. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214, Department
of Defense form DD-256 for applicants who did not receive a
form DD-214 upon the completion of initial basic training,
Department of Defense form DD-2 (Retired), an identification
card issued under the federal Veterans Identification Card Act
of 2015, or a United States Department of Veterans Affairs
summary of benefits letter. If the document cannot be stamped,
the Illinois Department of Veterans' Affairs shall provide a
certificate to the veteran to provide to the Secretary of
State. The Illinois Department of Veterans' Affairs shall
advise the Secretary as to what other forms of proof of a
person's status as a veteran are acceptable.
For each applicant who is issued an identification card
with a veteran designation, the Secretary shall provide the
Department of Veterans' Affairs with the applicant's name,
address, date of birth, gender, and such other demographic
information as agreed to by the Secretary and the Department.
The Department may take steps necessary to confirm the
applicant is a veteran. If after due diligence, including
writing to the applicant at the address provided by the
Secretary, the Department is unable to verify the applicant's
veteran status, the Department shall inform the Secretary, who
shall notify the applicant that he or she must confirm status
as a veteran, or the identification card will be cancelled.
For purposes of this subsection (b):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or
National Guard unit.
"Veteran" means a person who has served in the armed
forces and was discharged or separated under honorable
conditions.
(c) All applicants for REAL ID compliant standard Illinois
Identification Cards and Illinois Person with a Disability
Identification Cards shall provide proof of lawful status in
the United States as defined in 6 CFR 37.3, as amended.
Applicants who are unable to provide the Secretary with proof
of lawful status are ineligible for REAL ID compliant
identification cards under this Act.
(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
100-811, eff. 1-1-19; 101-106, eff. 1-1-20; 101-287, eff.
8-9-19; 101-513, eff. 1-1-20; revised 9-25-19.)
(15 ILCS 335/17)
Sec. 17. Invalidation of a standard Illinois
Identification Card or an Illinois Person with a Disability
Identification Card. (a) The Secretary of State may invalidate
a standard Illinois Identification Card or an Illinois Person
with a Disability Identification Card:
(1) when the holder voluntarily surrenders the
standard Illinois Identification Card or Illinois Person
with a Disability Identification Card and declares his or
her intention to do so in writing;
(2) upon the death of the holder;
(3) upon the refusal of the holder to correct or
update information contained on a standard Illinois
Identification Card or an Illinois Person with a
Disability Identification Card; and
(4) as the Secretary deems appropriate by
administrative rule.
(Source: P.A. 101-185, eff. 1-1-20; revised 9-12-19.)
Section 70. The State Comptroller Act is amended by
changing Sections 20 and 23.11 as follows:
(15 ILCS 405/20) (from Ch. 15, par. 220)
Sec. 20. Annual report. The Comptroller shall annually, as
soon as possible after the close of the fiscal year but no
later than December 31, make available on the Comptroller's
website a report, showing the amount of warrants drawn on the
treasury, on other funds held by the State Treasurer and on any
public funds held by State agencies, during the preceding
fiscal year, and stating, particularly, on what account they
were drawn, and if drawn on the contingent fund, to whom and
for what they were issued. He or she shall, also, at the same
time, report the amount of money received into the treasury,
into other funds held by the State Treasurer and into any other
funds held by State agencies during the preceding fiscal year,
and also a general account of all the business of his office
during the preceding fiscal year. The report shall also
summarize for the previous fiscal year the information
required under Section 19.
Within 60 days after the expiration of each calendar year,
the Comptroller shall compile, from records maintained and
available in his office, a list of all persons including those
employed in the Office of the Comptroller, who have been
employed by the State during the past calendar year and paid
from funds in the hands of the State Treasurer.
The list shall state in alphabetical order the name of
each employee, the county in which he or she resides, the
position, and the total salary paid to him or her during the
past calendar year, rounded to the nearest hundred dollars
dollar. The list so compiled and arranged shall be kept on file
in the office of the Comptroller and be open to inspection by
the public at all times.
No person who utilizes the names obtained from this list
for solicitation shall represent that such solicitation is
authorized by any officer or agency of the State of Illinois.
Violation of this provision is a business offense punishable
by a fine not to exceed $3,000.
(Source: P.A. 100-253, eff. 1-1-18; 101-34, eff. 6-28-19;
101-620, eff. 12-20-19; revised 1-6-20.)
(15 ILCS 405/23.11)
Sec. 23.11. Illinois Bank On Initiative; Commission.
(a) The Illinois Bank On Initiative is created to increase
the use of Certified Financial Products and reduce reliance on
alternative financial products.
(b) The Illinois Bank On Initiative shall be administered
by the Comptroller, and he or she shall be responsible for
ongoing activities of the Initiative, including, but not
limited to, the following:
(1) authorizing financial products as Certified
Financial Products;
(2) maintaining on the Comptroller's website a list of
Certified Financial Products and associated financial
institutions;
(3) maintaining on the Comptroller's website the
minimum requirements of Certified Financial Products; and
(4) implementing an outreach strategy to facilitate
access to Certified Financial Products.
(c) The Illinois Bank On Initiative Commission is created,
and shall be chaired by the Comptroller, or his or her
designee, and consist of the following members appointed by
the Comptroller: (1) 4 local elected officials from
geographically diverse regions in this State, at least 2 of
whom represent all or part of a census tract with a median
household income of less than 150% of the federal poverty
level; (2) 3 members representing financial institutions, one
of whom represents a statewide banking association exclusively
representing banks with assets below $20,000,000,000, one of
whom represents a statewide banking association representing
banks of all asset sizes, and one of whom represents a
statewide association representing credit unions; (3) 4
members representing community and social service groups; and
(4) 2 federal or State financial regulators.
Members of the Commission shall serve 4-year 4 year terms.
The Commission shall serve the Comptroller in an advisory
capacity, and shall be responsible for advising the
Comptroller regarding the implementation and promotion of the
Illinois Bank On Initiative, but may at any time, by request of
the Comptroller or on its own initiative, submit to the
Comptroller any recommendations concerning the operation of
any participating financial institutions, outreach efforts, or
other business coming before the Commission. Members of the
Commission shall serve without compensation, but shall be
reimbursed for reasonable travel and mileage costs.
(d) Beginning in October 2020, and for each year
thereafter, the Comptroller and the Commission shall annually
prepare and make available on the Comptroller's website a
report concerning the progress of the Illinois Bank On
Initiative.
(e) The Comptroller may adopt rules necessary to implement
this Section.
(f) For the purposes of this Section:
"Certified Financial Product" means a financial product
offered by a financial institution that meets minimum
requirements as established by the Comptroller.
"Financial institution" means a bank, savings bank, or
credit union chartered or organized under the laws of the
State of Illinois, another state, or the United States of
America that is:
(1) adequately capitalized as determined by its
prudential regulator; and
(2) insured by the Federal Deposit Insurance
Corporation, National Credit Union Administration, or
other approved insurer.
(Source: P.A. 101-427, eff. 8-19-19; revised 11-21-19.)
Section 75. The State Treasurer Act is amended by changing
Sections 16.8 and 35 as follows:
(15 ILCS 505/16.8)
Sec. 16.8. Illinois Higher Education Savings Program.
(a) Definitions. As used in this Section:
"Beneficiary" means an eligible child named as a recipient
of seed funds.
"College savings account" means a 529 plan account
established under Section 16.5.
"Eligible child" means a child born or adopted after
December 31, 2020, to a parent who is a resident of Illinois at
the time of the birth or adoption, as evidenced by
documentation received by the Treasurer from the Department of
Revenue, the Department of Public Health, or another State or
local government agency.
"Eligible educational institution" means institutions that
are described in Section 1001 of the federal Higher Education
Act of 1965 that are eligible to participate in Department of
Education student aid programs.
"Fund" means the Illinois Higher Education Savings Program
Fund.
"Omnibus account" means the pooled collection of seed
funds owned and managed by the State Treasurer under this Act.
"Program" means the Illinois Higher Education Savings
Program.
"Qualified higher education expense" means the following:
(i) tuition, fees, and the costs of books, supplies, and
equipment required for enrollment or attendance at an eligible
educational institution; (ii) expenses for special needs
services, in the case of a special needs beneficiary, which
are incurred in connection with such enrollment or attendance;
(iii) certain expenses for the purchase of computer or
peripheral equipment, computer software, or Internet access
and related services as defined under Section 529 of the
Internal Revenue Code; and (iv) room and board expenses
incurred while attending an eligible educational institution
at least half-time.
"Seed funds" means the deposit made by the State Treasurer
into the Omnibus Accounts for Program beneficiaries.
(b) Program established. The State Treasurer shall
establish the Illinois Higher Education Savings Program
provided that sufficient funds are available. The State
Treasurer shall administer the Program for the purposes of
expanding access to higher education through savings.
(c) Program enrollment. The State Treasurer shall enroll
all eligible children in the Program beginning in 2021, after
receiving records of recent births, adoptions, or dependents
from the Department of Revenue, the Department of Public
Health, or another State or local government agency designated
by the Treasurer. Notwithstanding any court order which would
otherwise prevent the release of information, the Department
of Public Health is authorized to release the information
specified under this subsection (c) to the State Treasurer for
the purposes of the Program established under this Section.
(1) On and after the effective date of this amendatory
Act of the 101st General Assembly, the Department of
Revenue and the Department of Public Health shall provide
the State Treasurer with information on recent Illinois
births, adoptions and dependents including, but not
limited to: the full name, residential address, and birth
date of the child and the child's parent or legal guardian
for the purpose of enrolling eligible children in the
Program. This data shall be provided to the State
Treasurer by the Department of Revenue and the Department
of Public Health on a quarterly basis, no later than 30
days after the end of each quarter.
(2) The State Treasurer shall ensure the security and
confidentiality of the information provided by the
Department of Revenue, the Department of Public Health, or
another State or local government agency, and it shall not
be subject to release under the Freedom of Information
Act.
(3) Information provided under this Section shall only
be used by the State Treasurer for the Program and shall
not be used for any other purpose.
(4) The State Treasurer and any vendors working on the
Program shall maintain strict confidentiality of any
information provided under this Section, and shall
promptly provide written or electronic notice to the
providing agency of any security breach. The providing
State or local government agency shall remain the sole and
exclusive owner of information provided under this
Section.
(d) Seed funds. After receiving information on recent
births, adoptions, or dependents from the Department of
Revenue, the Department of Public Health, or another State or
local government agency, the State Treasurer shall make a
deposit into an omnibus account of the Fund on behalf of each
eligible child. The State Treasurer shall be the owner of the
omnibus accounts. The deposit of seed funds shall be subject
to appropriation by the General Assembly.
(1) Deposit amount. The seed fund deposit for each
eligible child shall be in the amount of $50. This amount
may be increased by the State Treasurer by rule. The State
Treasurer may use or deposit funds appropriated by the
General Assembly together with moneys received as gifts,
grants, or contributions into the Fund. If insufficient
funds are available in the Fund, the State Treasurer may
reduce the deposit amount or forego deposits.
(2) Use of seed funds. Seed funds, including any
interest, dividends, and other earnings accrued, will be
eligible for use by a beneficiary for qualified higher
education expenses if:
(A) the parent or guardian of the eligible child
claimed the seed funds for the beneficiary by the
beneficiary's 10th birthday;
(B) the beneficiary has completed secondary
education or has reached the age of 18; and
(C) the beneficiary is currently a resident of the
State of Illinois. Non-residents are not eligible to
claim or use seed funds.
(3) Notice of seed fund availability. The State
Treasurer shall make a good faith effort to notify
beneficiaries and their parents or legal guardians of the
seed funds' availability and the deadline to claim such
funds.
(4) Unclaimed seed funds. Seed funds that are
unclaimed by the beneficiary's 10th birthday or unused by
the beneficiary's 26th birthday will be considered
forfeited. Unclaimed and unused seed funds will remain in
the omnibus account for future beneficiaries.
(e) Financial education. The State Treasurer may develop
educational materials that support the financial literacy of
beneficiaries and their legal guardians, and may do so in
collaboration with State and federal agencies, including, but
not limited to, the Illinois State Board of Education and
existing nonprofit agencies with expertise in financial
literacy and education.
(f) Incentives and partnerships. The State Treasurer may
develop partnerships with private, nonprofit, or governmental
organizations to provide additional incentives for eligible
children, including conditional cash transfers or matching
contributions that provide a savings incentive based on
specific actions taken or other criteria.
(g) Illinois Higher Education Savings Program Fund. The
Illinois Higher Education Savings Program Fund is hereby
established. The Fund shall be the official repository of all
contributions, appropriations, interest, and dividend
payments, gifts, or other financial assets received by the
State Treasurer in connection with the operation of the
Program or related partnerships. All such moneys shall be
deposited in the Fund and held by the State Treasurer as
custodian thereof, outside of the State treasury, separate and
apart from all public moneys or funds of this State. The State
Treasurer may accept gifts, grants, awards, matching
contributions, interest income, and appropriations from
individuals, businesses, governments, and other third-party
sources to implement the Program on terms that the Treasurer
deems advisable. All interest or other earnings accruing or
received on amounts in the Illinois Higher Education Savings
Program Fund shall be credited to and retained by the Fund and
used for the benefit of the Program. Assets of the Fund must at
all times be preserved, invested, and expended only for the
purposes of the Program and must be held for the benefit of the
beneficiaries. Assets may not be transferred or used by the
State or the State Treasurer for any purposes other than the
purposes of the Program. In addition, no moneys, interest, or
other earnings paid into the Fund shall be used, temporarily
or otherwise, for inter-fund borrowing or be otherwise used or
appropriated except as expressly authorized by this Act.
Notwithstanding the requirements of this subsection (f),
amounts in the Fund may be used by the State Treasurer to pay
the administrative costs of the Program.
(h) Audits and reports. The State Treasurer shall include
the Illinois Higher Education Savings Program as part of the
audit of the College Savings Pool described in Section 16.5.
The State Treasurer shall annually prepare a report that
includes a summary of the Program operations for the preceding
fiscal year, including the number of children enrolled in the
Program, the total amount of seed fund deposits, and such
other information that is relevant to make a full disclosure
of the operations of the Program and Fund. The report shall be
made available on the Treasurer's website by January 31 each
year, starting in January of 2022. The State Treasurer may
include the Program in other reports as warranted.
(i) Rules. The State Treasurer may adopt rules necessary
to implement this Section.
(Source: P.A. 101-466, eff. 1-1-20; revised 11-21-19.)
(15 ILCS 505/35)
Sec. 35. State Treasurer may purchase real property.
(a) Subject to the provisions of the Public Contract Fraud
Act, the State Treasurer, on behalf of the State of Illinois,
is authorized during State fiscal years 2019 and 2020 to
acquire real property located in the City of Springfield,
Illinois which the State Treasurer deems necessary to properly
carry out the powers and duties vested in him or her. Real
property acquired under this Section may be acquired subject
to any third party interests in the property that do not
prevent the State Treasurer from exercising the intended
beneficial use of such property.
(b) Subject to the provisions of the Treasurer's
Procurement Rules, which shall be substantially in accordance
with the requirements of the Illinois Procurement Code, the
State Treasurer may:
(1) enter into contracts relating to construction,
reconstruction or renovation projects for any such
buildings or lands acquired pursuant to subsection
paragraph (a); and
(2) equip, lease, operate and maintain those grounds,
buildings and facilities as may be appropriate to carry
out his or her statutory purposes and duties.
(c) The State Treasurer may enter into agreements with any
person with respect to the use and occupancy of the grounds,
buildings, and facilities of the State Treasurer, including
concession, license, and lease agreements on terms and
conditions as the State Treasurer determines and in accordance
with the procurement processes for the Office of the State
Treasurer, which shall be substantially in accordance with the
requirements of the Illinois Procurement Code.
(d) The exercise of the authority vested in the Treasurer
by this Section is subject to the appropriation of the
necessary funds.
(Source: P.A. 101-487, eff. 8-23-19; revised 11-21-19.)
Section 80. The Deposit of State Moneys Act is amended by
changing Sections 10, 16, and 22.5 as follows:
(15 ILCS 520/10) (from Ch. 130, par. 29)
Sec. 10. The State Treasurer may enter into an agreement
in conformity with this Act with any bank or savings and loan
association relating to the deposit of securities. Such
agreement may authorize the holding by such bank or savings
and loan association of such securities in custody and
safekeeping solely under the instructions of the State
Treasurer either (a) in the office of such bank or savings and
loan association, or under the custody and safekeeping of
another bank or savings and loan association in this State for
the depository bank or savings and loan association, or (b) in
a bank or a depository trust company in the United States if
the securities to be deposited are held in custody and
safekeeping for such bank or savings and loan association.
(Source: P.A. 101-206, eff. 8-2-19; revised 9-12-19.)
(15 ILCS 520/16) (from Ch. 130, par. 35)
Sec. 16. Daily balance statements. Each bank or savings
and loan association shall on or before the last Monday of each
month receive from the State Treasurer a statement showing
separately the daily balances or amounts of moneys held by it
under the provisions of this Act during the calendar month
then next preceding; and the amounts of accrued interest
thereon. One , one copy of the which statement shall be filed in
the office of the State Treasurer, and the other in the office
of the receiving bank or savings and loan association,. The
statement shall contain a certificate that no other fees,
perquisites or emoluments have been paid to or held for the
benefit of any public officer or any other person, or on
account of the deposit of the moneys, and that no contract or
agreement of any kind whatever has been entered into for the
payment to any public officer, or any other person, of any fee,
perquisite, or emolument on account of the deposit of the
moneys. The statement to be filed in the office of the
receiving bank or savings and loan association shall be
verified by the oath of the cashier or of an assistant cashier
of the bank or savings and loan association.
(Source: P.A. 87-510; revised 8-18-20.)
(15 ILCS 520/22.5) (from Ch. 130, par. 41a)
(For force and effect of certain provisions, see Section
90 of P.A. 94-79)
Sec. 22.5. Permitted investments. The State Treasurer may,
with the approval of the Governor, invest and reinvest any
State money in the treasury which is not needed for current
expenditures due or about to become due, in obligations of the
United States government or its agencies or of National
Mortgage Associations established by or under the National
Housing Act, 12 U.S.C. 1701 et seq., or in mortgage
participation certificates representing undivided interests in
specified, first-lien conventional residential Illinois
mortgages that are underwritten, insured, guaranteed, or
purchased by the Federal Home Loan Mortgage Corporation or in
Affordable Housing Program Trust Fund Bonds or Notes as
defined in and issued pursuant to the Illinois Housing
Development Act. All such obligations shall be considered as
cash and may be delivered over as cash by a State Treasurer to
his successor.
The State Treasurer may, with the approval of the
Governor, purchase any state bonds with any money in the State
Treasury that has been set aside and held for the payment of
the principal of and interest on the bonds. The bonds shall be
considered as cash and may be delivered over as cash by the
State Treasurer to his successor.
The State Treasurer may, with the approval of the
Governor, invest or reinvest any State money in the treasury
that is not needed for current expenditure due or about to
become due, or any money in the State Treasury that has been
set aside and held for the payment of the principal of and the
interest on any State bonds, in shares, withdrawable accounts,
and investment certificates of savings and building and loan
associations, incorporated under the laws of this State or any
other state or under the laws of the United States; provided,
however, that investments may be made only in those savings
and loan or building and loan associations the shares and
withdrawable accounts or other forms of investment securities
of which are insured by the Federal Deposit Insurance
Corporation.
The State Treasurer may not invest State money in any
savings and loan or building and loan association unless a
commitment by the savings and loan (or building and loan)
association, executed by the president or chief executive
officer of that association, is submitted in the following
form:
The .................. Savings and Loan (or Building
and Loan) Association pledges not to reject arbitrarily
mortgage loans for residential properties within any
specific part of the community served by the savings and
loan (or building and loan) association because of the
location of the property. The savings and loan (or
building and loan) association also pledges to make loans
available on low and moderate income residential property
throughout the community within the limits of its legal
restrictions and prudent financial practices.
The State Treasurer may, with the approval of the
Governor, invest or reinvest any State money in the treasury
that is not needed for current expenditures due or about to
become due, or any money in the State Treasury that has been
set aside and held for the payment of the principal of and
interest on any State bonds, in bonds issued by counties or
municipal corporations of the State of Illinois.
The State Treasurer may invest or reinvest up to 5% of the
College Savings Pool Administrative Trust Fund, the Illinois
Public Treasurer Investment Pool (IPTIP) Administrative Trust
Fund, and the State Treasurer's Administrative Fund that is
not needed for current expenditures due or about to become
due, in common or preferred stocks of publicly traded
corporations, partnerships, or limited liability companies,
organized in the United States, with assets exceeding
$500,000,000 if: (i) the purchases do not exceed 1% of the
corporation's or the limited liability company's outstanding
common and preferred stock; (ii) no more than 10% of the total
funds are invested in any one publicly traded corporation,
partnership, or limited liability company; and (iii) the
corporation or the limited liability company has not been
placed on the list of restricted companies by the Illinois
Investment Policy Board under Section 1-110.16 of the Illinois
Pension Code.
The State Treasurer may, with the approval of the
Governor, invest or reinvest any State money in the Treasury
which is not needed for current expenditure, due or about to
become due, or any money in the State Treasury which has been
set aside and held for the payment of the principal of and the
interest on any State bonds, in participations in loans, the
principal of which participation is fully guaranteed by an
agency or instrumentality of the United States government;
provided, however, that such loan participations are
represented by certificates issued only by banks which are
incorporated under the laws of this State or any other state or
under the laws of the United States, and such banks, but not
the loan participation certificates, are insured by the
Federal Deposit Insurance Corporation.
Whenever the total amount of vouchers presented to the
Comptroller under Section 9 of the State Comptroller Act
exceeds the funds available in the General Revenue Fund by
$1,000,000,000 or more, then the State Treasurer may invest
any State money in the Treasury, other than money in the
General Revenue Fund, Health Insurance Reserve Fund, Attorney
General Court Ordered and Voluntary Compliance Payment
Projects Fund, Attorney General Whistleblower Reward and
Protection Fund, and Attorney General's State Projects and
Court Ordered Distribution Fund, which is not needed for
current expenditures, due or about to become due, or any money
in the State Treasury which has been set aside and held for the
payment of the principal of and the interest on any State bonds
with the Office of the Comptroller in order to enable the
Comptroller to pay outstanding vouchers. At any time, and from
time to time outstanding, such investment shall not be greater
than $2,000,000,000. Such investment shall be deposited into
the General Revenue Fund or Health Insurance Reserve Fund as
determined by the Comptroller. Such investment shall be repaid
by the Comptroller with an interest rate tied to the London
Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
equivalent market established variable rate, but in no case
shall such interest rate exceed the lesser of the penalty rate
established under the State Prompt Payment Act or the timely
pay interest rate under Section 368a of the Illinois Insurance
Code. The State Treasurer and the Comptroller shall enter into
an intergovernmental agreement to establish procedures for
such investments, which market established variable rate to
which the interest rate for the investments should be tied,
and other terms which the State Treasurer and Comptroller
reasonably believe to be mutually beneficial concerning these
investments by the State Treasurer. The State Treasurer and
Comptroller shall also enter into a written agreement for each
such investment that specifies the period of the investment,
the payment interval, the interest rate to be paid, the funds
in the Treasury from which the Treasurer will draw the
investment, and other terms upon which the State Treasurer and
Comptroller mutually agree. Such investment agreements shall
be public records and the State Treasurer shall post the terms
of all such investment agreements on the State Treasurer's
official website. In compliance with the intergovernmental
agreement, the Comptroller shall order and the State Treasurer
shall transfer amounts sufficient for the payment of principal
and interest invested by the State Treasurer with the Office
of the Comptroller under this paragraph from the General
Revenue Fund or the Health Insurance Reserve Fund to the
respective funds in the Treasury from which the State
Treasurer drew the investment. Public Act 100-1107 shall
constitute an irrevocable and continuing authority for all
amounts necessary for the payment of principal and interest on
the investments made with the Office of the Comptroller by the
State Treasurer under this paragraph, and the irrevocable and
continuing authority for and direction to the Comptroller and
Treasurer to make the necessary transfers.
The State Treasurer may, with the approval of the
Governor, invest or reinvest any State money in the Treasury
that is not needed for current expenditure, due or about to
become due, or any money in the State Treasury that has been
set aside and held for the payment of the principal of and the
interest on any State bonds, in any of the following:
(1) Bonds, notes, certificates of indebtedness,
Treasury bills, or other securities now or hereafter
issued that are guaranteed by the full faith and credit of
the United States of America as to principal and interest.
(2) Bonds, notes, debentures, or other similar
obligations of the United States of America, its agencies,
and instrumentalities.
(2.5) Bonds, notes, debentures, or other similar
obligations of a foreign government, other than the
Republic of the Sudan, that are guaranteed by the full
faith and credit of that government as to principal and
interest, but only if the foreign government has not
defaulted and has met its payment obligations in a timely
manner on all similar obligations for a period of at least
25 years immediately before the time of acquiring those
obligations.
(3) Interest-bearing savings accounts,
interest-bearing certificates of deposit,
interest-bearing time deposits, or any other investments
constituting direct obligations of any bank as defined by
the Illinois Banking Act.
(4) Interest-bearing accounts, certificates of
deposit, or any other investments constituting direct
obligations of any savings and loan associations
incorporated under the laws of this State or any other
state or under the laws of the United States.
(5) Dividend-bearing share accounts, share certificate
accounts, or class of share accounts of a credit union
chartered under the laws of this State or the laws of the
United States; provided, however, the principal office of
the credit union must be located within the State of
Illinois.
(6) Bankers' acceptances of banks whose senior
obligations are rated in the top 2 rating categories by 2
national rating agencies and maintain that rating during
the term of the investment.
(7) Short-term obligations of either corporations or
limited liability companies organized in the United States
with assets exceeding $500,000,000 if (i) the obligations
are rated at the time of purchase at one of the 3 highest
classifications established by at least 2 standard rating
services and mature not later than 270 days from the date
of purchase, (ii) the purchases do not exceed 10% of the
corporation's or the limited liability company's
outstanding obligations, (iii) no more than one-third of
the public agency's funds are invested in short-term
obligations of either corporations or limited liability
companies, and (iv) the corporation or the limited
liability company has not been placed on the list of
restricted companies by the Illinois Investment Policy
Board under Section 1-110.16 of the Illinois Pension Code.
(7.5) Obligations of either corporations or limited
liability companies organized in the United States, that
have a significant presence in this State, with assets
exceeding $500,000,000 if: (i) the obligations are rated
at the time of purchase at one of the 3 highest
classifications established by at least 2 standard rating
services and mature more than 270 days, but less than 10
years, from the date of purchase; (ii) the purchases do
not exceed 10% of the corporation's or the limited
liability company's outstanding obligations; (iii) no more
than one-third of the public agency's funds are invested
in such obligations of corporations or limited liability
companies; and (iv) the corporation or the limited
liability company has not been placed on the list of
restricted companies by the Illinois Investment Policy
Board under Section 1-110.16 of the Illinois Pension Code.
(8) Money market mutual funds registered under the
Investment Company Act of 1940.
(9) The Public Treasurers' Investment Pool created
under Section 17 of the State Treasurer Act or in a fund
managed, operated, and administered by a bank.
(10) Repurchase agreements of government securities
having the meaning set out in the Government Securities
Act of 1986, as now or hereafter amended or succeeded,
subject to the provisions of that Act and the regulations
issued thereunder.
(11) Investments made in accordance with the
Technology Development Act.
(12) Investments made in accordance with the Student
Investment Account Act.
For purposes of this Section, "agencies" of the United
States Government includes:
(i) the federal land banks, federal intermediate
credit banks, banks for cooperatives, federal farm credit
banks, or any other entity authorized to issue debt
obligations under the Farm Credit Act of 1971 (12 U.S.C.
2001 et seq.) and Acts amendatory thereto;
(ii) the federal home loan banks and the federal home
loan mortgage corporation;
(iii) the Commodity Credit Corporation; and
(iv) any other agency created by Act of Congress.
The Treasurer may, with the approval of the Governor, lend
any securities acquired under this Act. However, securities
may be lent under this Section only in accordance with Federal
Financial Institution Examination Council guidelines and only
if the securities are collateralized at a level sufficient to
assure the safety of the securities, taking into account
market value fluctuation. The securities may be collateralized
by cash or collateral acceptable under Sections 11 and 11.1.
(Source: P.A. 100-1107, eff. 8-27-18; 101-81, eff. 7-12-19;
101-206, eff. 8-2-19; 101-586, eff. 8-26-19; revised 9-25-19.)
Section 85. The Civil Administrative Code of Illinois is
amended by changing Section 5-565 as follows:
(20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
Sec. 5-565. In the Department of Public Health.
(a) The General Assembly declares it to be the public
policy of this State that all citizens of Illinois are
entitled to lead healthy lives. Governmental public health has
a specific responsibility to ensure that a public health
system is in place to allow the public health mission to be
achieved. The public health system is the collection of
public, private, and voluntary entities as well as individuals
and informal associations that contribute to the public's
health within the State. To develop a public health system
requires certain core functions to be performed by government.
The State Board of Health is to assume the leadership role in
advising the Director in meeting the following functions:
(1) Needs assessment.
(2) Statewide health objectives.
(3) Policy development.
(4) Assurance of access to necessary services.
There shall be a State Board of Health composed of 20
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by the
Governor on and after June 30, 1998, and one of whom shall be a
senior citizen age 60 or over. Five members shall be
physicians licensed to practice medicine in all its branches,
one representing a medical school faculty, one who is board
certified in preventive medicine, and one who is engaged in
private practice. One member shall be a chiropractic
physician. One member shall be a dentist; one an environmental
health practitioner; one a local public health administrator;
one a local board of health member; one a registered nurse; one
a physical therapist; one an optometrist; one a veterinarian;
one a public health academician; one a health care industry
representative; one a representative of the business
community; one a representative of the non-profit public
interest community; and 2 shall be citizens at large.
The terms of Board of Health members shall be 3 years,
except that members shall continue to serve on the Board of
Health until a replacement is appointed. Upon the effective
date of Public Act 93-975 (January 1, 2005) this amendatory
Act of the 93rd General Assembly, in the appointment of the
Board of Health members appointed to vacancies or positions
with terms expiring on or before December 31, 2004, the
Governor shall appoint up to 6 members to serve for terms of 3
years; up to 6 members to serve for terms of 2 years; and up to
5 members to serve for a term of one year, so that the term of
no more than 6 members expire in the same year. All members
shall be legal residents of the State of Illinois. The duties
of the Board shall include, but not be limited to, the
following:
(1) To advise the Department of ways to encourage
public understanding and support of the Department's
programs.
(2) To evaluate all boards, councils, committees,
authorities, and bodies advisory to, or an adjunct of, the
Department of Public Health or its Director for the
purpose of recommending to the Director one or more of the
following:
(i) The elimination of bodies whose activities are
not consistent with goals and objectives of the
Department.
(ii) The consolidation of bodies whose activities
encompass compatible programmatic subjects.
(iii) The restructuring of the relationship
between the various bodies and their integration
within the organizational structure of the Department.
(iv) The establishment of new bodies deemed
essential to the functioning of the Department.
(3) To serve as an advisory group to the Director for
public health emergencies and control of health hazards.
(4) To advise the Director regarding public health
policy, and to make health policy recommendations
regarding priorities to the Governor through the Director.
(5) To present public health issues to the Director
and to make recommendations for the resolution of those
issues.
(6) To recommend studies to delineate public health
problems.
(7) To make recommendations to the Governor through
the Director regarding the coordination of State public
health activities with other State and local public health
agencies and organizations.
(8) To report on or before February 1 of each year on
the health of the residents of Illinois to the Governor,
the General Assembly, and the public.
(9) To review the final draft of all proposed
administrative rules, other than emergency or peremptory
preemptory rules and those rules that another advisory
body must approve or review within a statutorily defined
time period, of the Department after September 19, 1991
(the effective date of Public Act 87-633). The Board shall
review the proposed rules within 90 days of submission by
the Department. The Department shall take into
consideration any comments and recommendations of the
Board regarding the proposed rules prior to submission to
the Secretary of State for initial publication. If the
Department disagrees with the recommendations of the
Board, it shall submit a written response outlining the
reasons for not accepting the recommendations.
In the case of proposed administrative rules or
amendments to administrative rules regarding immunization
of children against preventable communicable diseases
designated by the Director under the Communicable Disease
Prevention Act, after the Immunization Advisory Committee
has made its recommendations, the Board shall conduct 3
public hearings, geographically distributed throughout the
State. At the conclusion of the hearings, the State Board
of Health shall issue a report, including its
recommendations, to the Director. The Director shall take
into consideration any comments or recommendations made by
the Board based on these hearings.
(10) To deliver to the Governor for presentation to
the General Assembly a State Health Improvement Plan. The
first 3 such plans shall be delivered to the Governor on
January 1, 2006, January 1, 2009, and January 1, 2016 and
then every 5 years thereafter.
The Plan shall recommend priorities and strategies to
improve the public health system and the health status of
Illinois residents, taking into consideration national
health objectives and system standards as frameworks for
assessment.
The Plan shall also take into consideration priorities
and strategies developed at the community level through
the Illinois Project for Local Assessment of Needs (IPLAN)
and any regional health improvement plans that may be
developed. The Plan shall focus on prevention as a key
strategy for long-term health improvement in Illinois.
The Plan shall examine and make recommendations on the
contributions and strategies of the public and private
sectors for improving health status and the public health
system in the State. In addition to recommendations on
health status improvement priorities and strategies for
the population of the State as a whole, the Plan shall make
recommendations regarding priorities and strategies for
reducing and eliminating health disparities in Illinois;
including racial, ethnic, gender, age, socio-economic, and
geographic disparities.
The Director of the Illinois Department of Public
Health shall appoint a Planning Team that includes a range
of public, private, and voluntary sector stakeholders and
participants in the public health system. This Team shall
include: the directors of State agencies with public
health responsibilities (or their designees), including,
but not limited to, the Illinois Departments of Public
Health and Department of Human Services, representatives
of local health departments, representatives of local
community health partnerships, and individuals with
expertise who represent an array of organizations and
constituencies engaged in public health improvement and
prevention.
The State Board of Health shall hold at least 3 public
hearings addressing drafts of the Plan in representative
geographic areas of the State. Members of the Planning
Team shall receive no compensation for their services, but
may be reimbursed for their necessary expenses.
Upon the delivery of each State Health Improvement
Plan, the Governor shall appoint a SHIP Implementation
Coordination Council that includes a range of public,
private, and voluntary sector stakeholders and
participants in the public health system. The Council
shall include the directors of State agencies and entities
with public health system responsibilities (or their
designees), including, but not limited to, the Department
of Public Health, Department of Human Services, Department
of Healthcare and Family Services, Environmental
Protection Agency, Illinois State Board of Education,
Department on Aging, Illinois Violence Prevention
Authority, Department of Agriculture, Department of
Insurance, Department of Financial and Professional
Regulation, Department of Transportation, and Department
of Commerce and Economic Opportunity and the Chair of the
State Board of Health. The Council shall include
representatives of local health departments and
individuals with expertise who represent an array of
organizations and constituencies engaged in public health
improvement and prevention, including non-profit public
interest groups, health issue groups, faith community
groups, health care providers, businesses and employers,
academic institutions, and community-based organizations.
The Governor shall endeavor to make the membership of the
Council representative of the racial, ethnic, gender,
socio-economic, and geographic diversity of the State. The
Governor shall designate one State agency representative
and one other non-governmental member as co-chairs of the
Council. The Governor shall designate a member of the
Governor's office to serve as liaison to the Council and
one or more State agencies to provide or arrange for
support to the Council. The members of the SHIP
Implementation Coordination Council for each State Health
Improvement Plan shall serve until the delivery of the
subsequent State Health Improvement Plan, whereupon a new
Council shall be appointed. Members of the SHIP Planning
Team may serve on the SHIP Implementation Coordination
Council if so appointed by the Governor.
The SHIP Implementation Coordination Council shall
coordinate the efforts and engagement of the public,
private, and voluntary sector stakeholders and
participants in the public health system to implement each
SHIP. The Council shall serve as a forum for collaborative
action; coordinate existing and new initiatives; develop
detailed implementation steps, with mechanisms for action;
implement specific projects; identify public and private
funding sources at the local, State and federal level;
promote public awareness of the SHIP; advocate for the
implementation of the SHIP; and develop an annual report
to the Governor, General Assembly, and public regarding
the status of implementation of the SHIP. The Council
shall not, however, have the authority to direct any
public or private entity to take specific action to
implement the SHIP.
(11) Upon the request of the Governor, to recommend to
the Governor candidates for Director of Public Health when
vacancies occur in the position.
(12) To adopt bylaws for the conduct of its own
business, including the authority to establish ad hoc
committees to address specific public health programs
requiring resolution.
(13) (Blank).
Upon appointment, the Board shall elect a chairperson from
among its members.
Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000 per
year, as designated by the Director for each day required for
transacting the business of the Board and shall be reimbursed
for necessary expenses incurred in the performance of their
duties. The Board shall meet from time to time at the call of
the Department, at the call of the chairperson, or upon the
request of 3 of its members, but shall not meet less than 4
times per year.
(b) (Blank).
(c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor
shall appoint 3 members to serve for terms of 1 year, 3 for
terms of 2 years, and 3 for terms of 3 years. The members first
appointed under Public Act 83-1538 shall serve for a term of 3
years. All members appointed thereafter shall be appointed for
terms of 3 years, except that when an appointment is made to
fill a vacancy, the appointment shall be for the remaining
term of the position vacant. The members of the Board shall be
citizens of the State of Illinois. In the appointment of
members of the Advisory Board the Governor shall appoint 3
members who shall be persons licensed to practice medicine and
surgery in the State of Illinois, at least 2 of whom shall have
received post-graduate training in the field of pathology; 3
members who are duly elected coroners in this State; and 5
members who shall have interest and abilities in the field of
forensic medicine but who shall be neither persons licensed to
practice any branch of medicine in this State nor coroners. In
the appointment of medical and coroner members of the Board,
the Governor shall invite nominations from recognized medical
and coroners organizations in this State respectively. Board
members, while serving on business of the Board, shall receive
actual necessary travel and subsistence expenses while so
serving away from their places of residence.
(Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17;
revised 7-17-19.)
Section 90. The Children and Family Services Act is
amended by changing Section 5 and by setting forth,
renumbering, and changing multiple versions of Section 42 as
follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987, as amended, and who continue under the
jurisdiction of the court; or
(B) were accepted for care, service and training
by the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service and training
because of severe emotional disturbances, physical
disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless,
dependent, or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation, or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the
child and the families when the child can be cared for
at home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is
not safe, possible, or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting, or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) (Blank).
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract
or the remaining months of the fiscal year, whichever is less,
and the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies
for child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including, but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in screening techniques to identify substance
use disorders, as defined in the Substance Use Disorder Act,
approved by the Department of Human Services, as a successor
to the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were
youth in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the
child's adoptive parents died and ending with the finalization
of the new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25, or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
(k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and
Neglected Child Reporting Act, to help families, including
adoptive and extended families. Family preservation services
shall be offered (i) to prevent the placement of children in
substitute care when the children can be cared for at home or
in the custody of the person responsible for the children's
welfare, (ii) to reunite children with their families, or
(iii) to maintain an adoptive placement. Family preservation
services shall only be offered when doing so will not endanger
the children's health or safety. With respect to children who
are in substitute care pursuant to the Juvenile Court Act of
1987, family preservation services shall not be offered if a
goal other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set, except
that reunification services may be offered as provided in
paragraph (F) of subsection (2) of Section 2-28 of that Act.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
The Department shall notify the child and his family of
the Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of
the Abused and Neglected Child Reporting Act. However, the
child's or family's willingness to accept services shall not
be considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
such services shall be voluntary. The Department may also
provide services to any child or family after completion of a
family assessment, as an alternative to an investigation, as
provided under the "differential response program" provided
for in subsection (a-5) of Section 7.4 of the Abused and
Neglected Child Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. An independent basis
exists when the allegations or adjudication of abuse, neglect,
or dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency. The Department shall assign a caseworker to
attend any hearing involving a youth in the care and custody of
the Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and
stress of caring for a child who has been diagnosed with a
pervasive developmental disorder if the Department determines
that those services are necessary to ensure the health and
safety of the child. The Department may offer services to any
family whether or not a report has been filed under the Abused
and Neglected Child Reporting Act. The Department may refer
the child or family to services available from other agencies
in the community if the conditions in the child's or family's
home are reasonably likely to subject the child or family to
future reports of suspected child abuse or neglect. Acceptance
of these services shall be voluntary. The Department shall
develop and implement a public information campaign to alert
health and social service providers and the general public
about these special family preservation services. The nature
and scope of the services offered and the number of families
served under the special program implemented under this
paragraph shall be determined by the level of funding that the
Department annually allocates for this purpose. The term
"pervasive developmental disorder" under this paragraph means
a neurological condition, including, but not limited to,
Asperger's Syndrome and autism, as defined in the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
(l-1) The legislature recognizes that the best interests
of the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile
Court Act of 1987. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further
reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family
to provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or by
the parent having custody of the child if the parents are
not living together or by the guardian or custodian of the
child if the child is not in the custody of either parent,
or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in his or her residence without a parent,
guardian, custodian, or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian, or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian, or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987, shall have the
authority, responsibilities and duties that a legal custodian
of the child would have under subsection (9) of Section 1-3 of
the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian, or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the
Department may deliver to the Department a signed request that
the Department surrender the temporary custody of the child.
The Department may retain temporary custody of the child for
10 days after the receipt of the request, during which period
the Department may cause to be filed a petition pursuant to the
Juvenile Court Act of 1987. If a petition is so filed, the
Department shall retain temporary custody of the child until
the court orders otherwise. If a petition is not filed within
the 10-day period, the child shall be surrendered to the
custody of the requesting parent, guardian, or custodian not
later than the expiration of the 10-day period, at which time
the authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the
Director or the Director's designate prior to admission to the
facility subject to Section 2-27.1 of the Juvenile Court Act
of 1987. This subsection (m-1) does not apply to a child who is
subject to placement in a correctional facility operated
pursuant to Section 3-15-2 of the Unified Code of Corrections,
unless the child is a youth in care who was placed in the care
of the Department before being subject to placement in a
correctional facility and a court of competent jurisdiction
has ordered placement of the child in a secure care facility.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for board,
clothing, care, training and supervision of any child placed
in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical disability,
social adjustment, or any combination thereof and suitable
facilities for the placement of such children are not
available at payment rates within the limitations set forth in
this Section. All reimbursements for services delivered shall
be absolutely inalienable by assignment, sale, attachment, or
garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services
under this Section through the Department of Children and
Family Services or by referral from the Department of Human
Services. Youth participating in services under this Section
shall cooperate with the assigned case manager in developing
an agreement identifying the services to be provided and how
the youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan.
The Department of Children and Family Services shall create
clear, readable notice of the rights of former foster youth to
child welfare services under this Section and how such
services may be obtained. The Department of Children and
Family Services and the Department of Human Services shall
disseminate this information statewide. The Department shall
adopt regulations describing services intended to assist
minors in achieving sustainable self-sufficiency as
independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the Department.
Youth in care who are placed by private child welfare
agencies, and foster families with whom those youth are
placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
ensure that any private child welfare agency, which accepts
youth in care for placement, affords those rights to children
and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made
by (i) a child or foster family concerning a decision
following an initial review by a private child welfare agency
or (ii) a prospective adoptive parent who alleges a violation
of subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner. A court determination that a
current foster home placement is necessary and appropriate
under Section 2-28 of the Juvenile Court Act of 1987 does not
constitute a judicial determination on the merits of an
administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation, or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for
Veterans' Benefits, Social Security benefits, assistance
allotments from the armed forces, court ordered payments,
parental voluntary payments, Supplemental Security Income,
Railroad Retirement payments, Black Lung benefits, or other
miscellaneous payments. Interest earned by each account shall
be credited to the account, unless disbursed in accordance
with this subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and
federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
"Guardianship Administrator" or his or her designee must
approve disbursements from children's accounts. The
Department shall be responsible for keeping complete
records of all disbursements for each account for any
purpose.
(2) Calculate on a monthly basis the amounts paid from
State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by
regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant
State and federal laws and shall be disbursed to the child
or his or her guardian, or to the issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all persons
who have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names
of such children who have not been placed for adoption. A list
of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and
of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for
such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither
party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) In addition to other information that must be
provided, whenever the Department places a child with a
prospective adoptive parent or parents, or in a licensed
foster home, group home, or child care institution, or in a
relative home, the Department shall provide to the prospective
adoptive parent or parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the child;
and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker
shall be reviewed and approved regarding accuracy at the
supervisory level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
if the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
(v-1) Prior to final approval for placement of a child,
the Department shall conduct a criminal records background
check of the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted
if the record check reveals a felony conviction for child
abuse or neglect, for spousal abuse, for a crime against
children, or for a crime involving violence, including rape,
sexual assault, or homicide, but not including other physical
assault or battery, or if there is a felony conviction for
physical assault, battery, or a drug-related offense committed
within the past 5 years.
(v-2) Prior to final approval for placement of a child,
the Department shall check its child abuse and neglect
registry for information concerning prospective foster and
adoptive parents, and any adult living in the home. If any
prospective foster or adoptive parent or other adult living in
the home has resided in another state in the preceding 5 years,
the Department shall request a check of that other state's
child abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are
needed in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189), a child with a disability who receives
residential and educational services from the Department shall
be eligible to receive transition services in accordance with
Article 14 of the School Code from the age of 14.5 through age
21, inclusive, notwithstanding the child's residential
services arrangement. For purposes of this subsection, "child
with a disability" means a child with a disability as defined
by the federal Individuals with Disabilities Education
Improvement Act of 2004.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Department of State Police as a result of a
fingerprint-based criminal history records check of the
Illinois criminal history records database and the Federal
Bureau of Investigation criminal history records database
concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Department of State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.
8-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,
eff. 7-12-19; revised 8-1-19.)
(20 ILCS 505/42)
Sec. 42. Foster care survey. The Department, in
coordination with the Foster Care Alumni of America Illinois
Chapter, the School of Social Work at the University of
Illinois at Urbana-Champaign, and the Department's Statewide
Youth Advisory Board, shall develop and process a standardized
survey to gather feedback from children who are aging out of
foster care and from children who have transitioned out of the
foster care system. The survey shall include requests for
information regarding the children's experience with and
opinion of State foster care services, the children's
recommendations for improvement of such services, the amount
of time the children spent in the foster care system, and any
other information deemed relevant by the Department. After the
survey is created the Department shall circulate the survey to
all youth participating in transitional living programs,
independent living programs, or Youth in College and to all
youth receiving scholarships or tuition waivers under the DCFS
Scholarship Program. The Department shall conduct the survey
every 5 years. At the completion of each survey, the
Department, in coordination with the Foster Care Alumni of
America Illinois Chapter, the School of Social Work at the
University of Illinois at Urbana-Champaign, and the
Department's Statewide Youth Advisory Board, shall submit a
report with a detailed review of the survey results to the
Governor and the General Assembly. The first report shall be
submitted no later than December 1, 2021 and every 5 years
thereafter.
(Source: P.A. 101-166, eff. 1-1-20.)
(20 ILCS 505/43)
Sec. 43 42. Intergovernmental agreement; transitioning
youth in care.
(a) In order to intercept and divert youth in care from
experiencing homelessness, incarceration, unemployment, and
other similar outcomes, within 180 days after July 26, 2019
(the effective date of Public Act 101-167) this amendatory Act
of the 101st General Assembly, the Department of Children and
Family Services, the Department of Human Services, the
Department of Healthcare and Family Services, the Illinois
State Board of Education, the Department of Juvenile Justice,
the Department of Corrections, the Illinois Urban Development
Authority, and the Department of Public Health shall enter
into an interagency agreement for the purpose of providing
preventive services to youth in care and young adults who are
aging out of or have recently aged out of the custody or
guardianship of the Department of Children and Family
Services.
(b) The intergovernmental agreement shall require the
agencies listed in subsection (a) to: (i) establish an
interagency liaison to review cases of youth in care and young
adults who are at risk of homelessness, incarceration, or
other similar outcomes; and (ii) connect such youth in care
and young adults to the appropriate supportive services and
treatment programs to stabilize them during their transition
out of State care. Under the interagency agreement, the
agencies listed in subsection (a) shall determine how best to
provide the following supportive services to youth in care and
young adults who are at risk of homelessness, incarceration,
or other similar outcomes:
(1) Housing support.
(2) Educational support.
(3) Employment support.
(c) On January 1, 2021, and each January 1 thereafter, the
agencies listed in subsection (a) shall submit a report to the
General Assembly on the following:
(1) The number of youth in care and young adults who
were intercepted during the reporting period and the
supportive services and treatment programs they were
connected with to prevent homelessness, incarnation, or
other negative outcomes.
(2) The duration of the services the youth in care and
young adults received in order to stabilize them during
their transition out of State care.
(d) Outcomes and data reported annually to the General
Assembly. On January 1, 2021 and each January 1 thereafter,
the Department of Children and Family Services shall submit a
report to the General Assembly on the following:
(1) The number of youth in care and young adults who
are aging out or have aged out of State care during the
reporting period.
(2) The length and type of services that were offered
to the youth in care and young adults reported under
paragraph (1) and the status of those youth in care and
young adults.
(Source: P.A. 101-167, eff. 7-26-19; revised 9-17-19.)
Section 95. The Statewide Foster Care Advisory Council Law
is amended by changing Section 5-20 as follows:
(20 ILCS 525/5-20)
Sec. 5-20. Meetings.
(a) Regular meetings of the Statewide Foster Care Advisory
Council shall be held at least quarterly. The meetings shall
take place at locations, dates, and times determined by the
Chairperson of the Advisory Council after consultation with
members of the Advisory Council and the Director or the
designated Department staff member.
It shall be the responsibility of the designated
Department staff member at the direction of the Chairperson to
give notices of the location, dates, and time of meetings to
each member of the Advisory Council, to the Director, and to
staff consultants at least 30 days prior to each meeting.
Notice of all scheduled meetings shall be in full
compliance with the Illinois Open Meetings Act.
(b) Special meetings of the Advisory Council may be called
by the Chairperson after consultation with members of the
Council and the Director or the designated Department staff
member, provided that:
(1) at least 7 days' notice by mail is given the
membership;
(2) the notice sets forth the purpose or purposes of
the meeting; and
(3) no business is transacted other than that
specified in the notice.
(c) An agenda of scheduled business for deliberation shall
be developed in coordination with the Department and the
Chairperson and distributed to the members of the Advisory
Council at least 7 days prior to a scheduled meeting of the
Council.
(d) If a member is absent from 2 consecutive meetings or
has not continued to make a significant contribution as
evidenced by involvement in council activities, membership
termination may be recommended by the Chairperson to the
Director. The member shall be terminated and notified in
writing. Members shall submit written confirmation of good
cause to the Chairperson or designated Department staff member
when a meeting has been missed.
(Source: P.A. 89-19, eff. 6-3-95; revised 7-12-19.)
Section 100. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by renumbering and changing Section 913, by setting
forth and renumbering multiple versions of Sections 605-1025
and 605-1045, and by changing Section 605-1030 as follows:
(20 ILCS 605/605-913)
Sec. 605-913 913. Clean Water Workforce Pipeline Program.
(a) The General Assembly finds the following:
(1) The fresh surface water and groundwater supply in
Illinois and Lake Michigan constitute vital natural
resources that require careful stewardship and protection
for future generations. Access to safe and clean drinking
water is the right of all Illinois residents.
(2) To adequately protect these resources and provide
safe and clean drinking water, substantial investment is
needed to replace lead components in drinking water
infrastructure, improve wastewater treatment, flood
control, and stormwater management, control aquatic
invasive species, implement green infrastructure
solutions, and implement other infrastructure solutions to
protect water quality.
(3) Implementing these clean water solutions will
require a skilled and trained workforce, and new
investments will demand additional workers with
specialized skills.
(4) Water infrastructure jobs have been shown to
provide living wages and contribute to Illinois' economy.
(5) Significant populations of Illinois residents,
including, but not limited to, residents of environmental
justice communities, economically and socially
disadvantaged communities, those returning from the
criminal justice system, foster care alumni, and in
particular women and transgender persons, are in need of
access to skilled living wage jobs like those in the water
infrastructure sector.
(6) Many of these residents are more likely to live in
communities with aging and inadequate clean water
infrastructure and suffer from threats to surface and
drinking water quality.
(7) The State can provide significant economic
opportunities to these residents and achieve greater
environmental and public health by investing in clean
water infrastructure.
(8) New training, recruitment, support, and placement
efforts are needed to connect these residents with career
opportunities in water infrastructure.
(9) The State must invest in both clean water
infrastructure and workforce development efforts in order
to achieve these goals.
(b) From appropriations made from the Build Illinois Bond
Fund, Capital Development Fund, or General Revenue Fund or
other funds as identified by the Department, the Department
shall create a Clean Water Workforce Pipeline Program to
provide grants and other financial assistance to prepare and
support individuals for careers in water infrastructure. All
funding provided by the Program under this Section shall be
designed to encourage and facilitate employment in projects
funded through State capital investment and provide
participants a skill set to allow them to work professionally
in fields related to water infrastructure.
Grants and other financial assistance may be made
available on a competitive annual basis to organizations that
demonstrate a capacity to recruit, support, train, and place
individuals in water infrastructure careers, including, but
not limited to, community organizations, educational
institutions, workforce investment boards, community action
agencies, and multi-craft labor organizations for new efforts
specifically focused on engaging residents of environmental
justice communities, economically and socially disadvantaged
communities, those returning from the criminal justice system,
foster care alumni, and in particular women and transgender
persons in these populations.
Grants and other financial assistance shall be awarded on
a competitive and annual basis for the following activities:
(1) identification of individuals for job training in
the water sector;
(2) counseling, preparation, skills training, and
other support to increase a candidate's likelihood of
success in a job training program and career;
(3) financial support for individuals in a water
sector job skills training program, support services, and
transportation assistance tied to training under this
Section;
(4) job placement services for individuals during and
after completion of water sector job skills training
programs; and
(5) financial, administrative, and management
assistance for organizations engaged in these activities.
(c) It shall be an annual goal of the Program to train and
place at least 300, or 25% of the number of annual jobs created
by State financed water infrastructure projects, whichever is
greater, of the following persons in water sector-related
apprenticeships annually: residents of environmental justice
communities; residents of economically and socially
disadvantaged communities; those returning from the criminal
justice system; foster care alumni; and, in particular, women
and transgender persons. In awarding and administering grants
under this Program, the Department shall strive to provide
assistance equitably throughout the State.
In order to encourage the employment of individuals
trained through the Program onto projects receiving State
financial assistance, the Department shall coordinate with the
Illinois Environmental Protection Agency, the Illinois Finance
Authority, and other State agencies that provide financial
support for water infrastructure projects. These agencies
shall take steps to support attaining the training and
placement goals set forth in this subsection, using a list of
projects that receive State financial support. These agencies
may propose and adopt rules to facilitate the attainment of
this goal.
Using funds appropriated for the purposes of this Section,
the Department may select through a competitive bidding
process a Program Administrator to oversee the allocation of
funds and select organizations that receive funding.
Recipients of grants under the Program shall report
annually to the Department on the success of their efforts and
their contribution to reaching the goals of the Program
provided in this subsection. The Department shall compile this
information and annually report to the General Assembly on the
Program, including, but not limited to, the following
information:
(1) progress toward the goals stated in this
subsection;
(2) any increase in the percentage of water industry
jobs in targeted populations;
(3) any increase in the rate of acceptance,
completion, or retention of water training programs among
targeted populations;
(4) any increase in the rate of employment, including
hours and annual income, measured against pre-Program
participant income; and
(5) any recommendations for future changes to optimize
the success of the Program.
(d) Within 90 days after January 1, 2020 (the effective
date of Public Act 101-576) this amendatory Act of the 101st
General Assembly, the Department shall propose a draft plan to
implement this Section for public comment. The Department
shall allow a minimum of 60 days for public comment on the
plan, including one or more public hearings, if requested. The
Department shall finalize the plan within 180 days of January
1, 2020 (the effective date of Public Act 101-576) this
amendatory Act of the 101st General Assembly.
The Department may propose and adopt any rules necessary
for the implementation of the Program and to ensure compliance
with this Section.
(e) The Water Workforce Development Fund is created as a
special fund in the State treasury. The Fund shall receive
moneys appropriated for the purpose of this Section from the
Build Illinois Bond Fund, the Capital Development Fund, the
General Revenue Fund and any other funds. Moneys in the Fund
shall only be used to fund the Program and to assist and enable
implementation of clean water infrastructure capital
investments. Notwithstanding any other law to the contrary,
the Water Workforce Development Fund is not subject to sweeps,
administrative charge-backs, or any other fiscal or budgetary
maneuver that would in any way transfer any amounts from the
Water Workforce Development Fund into any other fund of the
State.
(f) For purpose of this Section:
"Environmental justice community" has the meaning provided
in subsection (b) of Section 1-50 of the Illinois Power Agency
Act.
"Multi-craft labor organization" means a joint
labor-management apprenticeship program registered with and
approved by the United States Department of Labor's Office of
Apprenticeship or a labor organization that has an accredited
training program through the Higher Learning Commission or the
Illinois Community College Board.
"Organization" means a corporation, company, partnership,
association, society, order, labor organization, or individual
or aggregation of individuals.
(Source: P.A. 101-576, eff. 1-1-20; revised 11-21-19.)
(20 ILCS 605/605-1025)
Sec. 605-1025. Data center investment.
(a) The Department shall issue certificates of exemption
from the Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act, and the Service Occupation Tax Act, all
locally-imposed retailers' occupation taxes administered and
collected by the Department, the Chicago non-titled Use Tax,
and a credit certification against the taxes imposed under
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act to qualifying Illinois data centers.
(b) For taxable years beginning on or after January 1,
2019, the Department shall award credits against the taxes
imposed under subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act as provided in Section 229 of the
Illinois Income Tax Act.
(c) For purposes of this Section:
"Data center" means a facility: (1) whose primary
services are the storage, management, and processing of
digital data; and (2) that is used to house (i) computer
and network systems, including associated components such
as servers, network equipment and appliances,
telecommunications, and data storage systems, (ii) systems
for monitoring and managing infrastructure performance,
(iii) Internet-related equipment and services, (iv) data
communications connections, (v) environmental controls,
(vi) fire protection systems, and (vii) security systems
and services.
"Qualifying Illinois data center" means a new or
existing data center that:
(1) is located in the State of Illinois;
(2) in the case of an existing data center, made a
capital investment of at least $250,000,000
collectively by the data center operator and the
tenants of the data center over the 60-month period
immediately prior to January 1, 2020 or committed to
make a capital investment of at least $250,000,000
over a 60-month period commencing before January 1,
2020 and ending after January 1, 2020; or
(3) in the case of a new data center, or an
existing data center making an upgrade, makes a
capital investment of at least $250,000,000 over a
60-month period beginning on or after January 1, 2020;
and
(4) in the case of both existing and new data
centers, results in the creation of at least 20
full-time or full-time equivalent new jobs over a
period of 60 months by the data center operator and the
tenants of the data center, collectively, associated
with the operation or maintenance of the data center;
those jobs must have a total compensation equal to or
greater than 120% of the average wage paid to
full-time employees in the county where the data
center is located, as determined by the U.S. Bureau of
Labor Statistics; and
(5) within 90 days after being placed in service,
certifies to the Department that it is carbon neutral
or has attained certification under one or more of the
following green building standards:
(A) BREEAM for New Construction or BREEAM
In-Use;
(B) ENERGY STAR;
(C) Envision;
(D) ISO 50001-energy management;
(E) LEED for Building Design and Construction
or LEED for Operations and Maintenance;
(F) Green Globes for New Construction or Green
Globes for Existing Buildings;
(G) UL 3223; or
(H) an equivalent program approved by the
Department of Commerce and Economic Opportunity.
"Full-time equivalent job" means a job in which the
new employee works for the owner, operator, contractor, or
tenant of a data center or for a corporation under
contract with the owner, operator or tenant of a data
center at a rate of at least 35 hours per week. An owner,
operator or tenant who employs labor or services at a
specific site or facility under contract with another may
declare one full-time, permanent job for every 1,820 man
hours worked per year under that contract. Vacations, paid
holidays, and sick time are included in this computation.
Overtime is not considered a part of regular hours.
"Qualified tangible personal property" means:
electrical systems and equipment; climate control and
chilling equipment and systems; mechanical systems and
equipment; monitoring and secure systems; emergency
generators; hardware; computers; servers; data storage
devices; network connectivity equipment; racks; cabinets;
telecommunications cabling infrastructure; raised floor
systems; peripheral components or systems; software;
mechanical, electrical, or plumbing systems; battery
systems; cooling systems and towers; temperature control
systems; other cabling; and other data center
infrastructure equipment and systems necessary to operate
qualified tangible personal property, including fixtures;
and component parts of any of the foregoing, including
installation, maintenance, repair, refurbishment, and
replacement of qualified tangible personal property to
generate, transform, transmit, distribute, or manage
electricity necessary to operate qualified tangible
personal property; and all other tangible personal
property that is essential to the operations of a computer
data center. "Qualified tangible personal property" also
includes building materials physically incorporated in to
the qualifying data center.
To document the exemption allowed under this Section, the
retailer must obtain from the purchaser a copy of the
certificate of eligibility issued by the Department.
(d) New and existing data centers seeking a certificate of
exemption for new or existing facilities shall apply to the
Department in the manner specified by the Department. The
Department shall determine the duration of the certificate of
exemption awarded under this Act. The duration of the
certificate of exemption may not exceed 20 calendar years. The
Department and any data center seeking the exemption,
including a data center operator on behalf of itself and its
tenants, must enter into a memorandum of understanding that at
a minimum provides:
(1) the details for determining the amount of capital
investment to be made;
(2) the number of new jobs created;
(3) the timeline for achieving the capital investment
and new job goals;
(4) the repayment obligation should those goals not be
achieved and any conditions under which repayment by the
qualifying data center or data center tenant claiming the
exemption will be required;
(5) the duration of the exemption; and
(6) other provisions as deemed necessary by the
Department.
(e) Beginning July 1, 2021, and each year thereafter, the
Department shall annually report to the Governor and the
General Assembly on the outcomes and effectiveness of Public
Act 101-31 that shall include the following:
(1) the name of each recipient business;
(2) the location of the project;
(3) the estimated value of the credit;
(4) the number of new jobs and, if applicable,
retained jobs pledged as a result of the project; and
(5) whether or not the project is located in an
underserved area.
(f) New and existing data centers seeking a certificate of
exemption related to the rehabilitation or construction of
data centers in the State shall require the contractor and all
subcontractors to comply with the requirements of Section
30-22 of the Illinois Procurement Code as they apply to
responsible bidders and to present satisfactory evidence of
that compliance to the Department.
(g) New and existing data centers seeking a certificate of
exemption for the rehabilitation or construction of data
centers in the State shall require the contractor to enter
into a project labor agreement approved by the Department.
(h) Any qualifying data center issued a certificate of
exemption under this Section must annually report to the
Department the total data center tax benefits that are
received by the business. Reports are due no later than May 31
of each year and shall cover the previous calendar year. The
first report is for the 2019 calendar year and is due no later
than May 31, 2020.
To the extent that a business issued a certificate of
exemption under this Section has obtained an Enterprise Zone
Building Materials Exemption Certificate or a High Impact
Business Building Materials Exemption Certificate, no
additional reporting for those building materials exemption
benefits is required under this Section.
Failure to file a report under this subsection (h) may
result in suspension or revocation of the certificate of
exemption. Factors to be considered in determining whether a
data center certificate of exemption shall be suspended or
revoked include, but are not limited to, prior compliance with
the reporting requirements, cooperation in discontinuing and
correcting violations, the extent of the violation, and
whether the violation was willful or inadvertent.
(i) The Department shall not issue any new certificates of
exemption under the provisions of this Section after July 1,
2029. This sunset shall not affect any existing certificates
of exemption in effect on July 1, 2029.
(j) The Department shall adopt rules to implement and
administer this Section.
(Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 12-13-19.)
(20 ILCS 605/605-1030)
Sec. 605-1030. Human Services Capital Investment Grant
Program.
(a) The Department of Commerce and Economic Opportunity,
in coordination with the Department of Human Services, shall
establish a Human Services Capital Investment Grant Program.
The Department shall, subject to appropriation, make capital
improvement grants to human services providers serving
low-income or marginalized populations. The Build Illinois
Bond Fund and the Rebuild Illinois Projects Fund shall be the
sources of funding for the program. Eligible grant recipients
shall be human services providers that offer facilities and
services in a manner that supports and fulfills the mission of
the Department of Human Services. Eligible grant recipients
include, but are not limited to, domestic violence shelters,
rape crisis centers, comprehensive youth services, teen REACH
providers, supportive housing providers, developmental
disability community providers, behavioral health providers,
and other community-based providers. Eligible grant recipients
have no entitlement to a grant under this Section.
(b) The Department, in consultation with the Department of
Human Services, shall adopt rules to implement this Section
and shall create a competitive application procedure for
grants to be awarded. The rules shall specify the manner of
applying for grants; grantee eligibility requirements; project
eligibility requirements; restrictions on the use of grant
moneys; the manner in which grantees must account for the use
of grant moneys; and any other provision that the Department
of Commerce and Economic Opportunity or Department of Human
Services determine to be necessary or useful for the
administration of this Section. Rules may include a
requirement for grantees to provide local matching funds in an
amount equal to a specific percentage of the grant.
(c) The Department of Human Services shall establish
standards for determining the priorities concerning the
necessity for capital facilities for the provision of human
services based on data available to the Department.
(d) No portion of a human services capital investment
grant awarded under this Section may be used by a grantee to
pay for any on-going operational costs or outstanding debt.
(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19;
revised 8-18-20.)
(20 ILCS 605/605-1035)
Sec. 605-1035 605-1025. Training in the Building Trades
Program.
(a) Subject to appropriation, the Department of Commerce
and Economic Opportunity may establish a Training in the
Building Trades Program to award grants to community-based
organizations for the purpose of establishing training
programs for persons who are 18 through 35 years of age and
have an interest in the building trades. Persons eligible to
participate in the Program shall include youth who have aged
out of foster care and have an interest in the building trades.
The Department of Children and Family Services, in
consultation with the Department of Commerce and Economic
Opportunity, shall identify and refer eligible youth to those
community-based organizations that receive grants under this
Section. Under the training programs, each participating
person shall receive the following:
(1) Formal training and education in the fundamentals
and core competencies in the person's chosen trade. Such
training and education shall be provided by a trained and
skilled tradesman or journeyman who is a member of a trade
union and who is paid the general prevailing rate of
hourly wages in the locality in which the work is to be
performed.
(2) Hands-on experience to further develop the
person's building trade skills by participating in
community improvement projects involving the
rehabilitation of vacant and abandoned residential
property in economically depressed areas of the State.
Selected organizations shall also use the grant money to
establish an entrepreneurship program to provide eligible
persons with the capital and business management skills
necessary to successfully launch their own businesses as
contractors, subcontractors, real estate agents, or property
managers or as any other entrepreneurs in the building trades.
Eligibility under the entrepreneurship program shall be
restricted to persons who reside in one of the economically
depressed areas selected to receive community improvement
projects in accordance with this subsection and who have
obtained the requisite skill set for a particular building
trade after successfully completing a training program
established in accordance with this subsection. Grants
provided under this Section may also be used to purchase the
equipment and materials needed to rehabilitate any vacant and
abandoned residential property that is eligible for
acquisition as described in subsection (b).
(b) Property eligible for acquisition and rehabilitation
under the Training in the Building Trades Program.
(1) A community-based organization that is selected to
participate in the Training in the Building Trades Program
may enter into an agreement with a financial institution
to rehabilitate abandoned residential property in
foreclosure with the express condition that, after the
rehabilitation project is complete, the financial
institution shall:
(A) sell the residential property for no less than
its fair market value; and
(B) use any proceeds from the sale to (i)
reimburse the community-based organization for all
costs associated with rehabilitating the property and
(ii) make satisfactory payment for any other claims
against the property. Any remaining sale proceeds of
the residential property shall be retained by the
financial institution.
(2)(A) A unit of local government may enact an
ordinance that permits the acquisition and rehabilitation
of abandoned residential property under the Training in
the Building Trades Program. Under the ordinance, any
owner of residential property that has been abandoned for
at least 3 years shall be notified that the abandoned
property is subject to acquisition and rehabilitation
under the Program and that if the owner does not respond to
the notice within the time period prescribed by the unit
of local government, the owner shall lose all right,
title, and interest in the property. Such notice shall be
given as follows:
(i) by mailing a copy of the notice by certified
mail to the owner's last known mailing address;
(ii) by publication in a newspaper published in
the municipality or county where the property is
located; and
(iii) by recording the notice with the office of
the recorder of the county in which the property is
located.
(B) If the owner responds to the notice within the
time period prescribed by the unit of local government,
the owner shall be given the option to either bring the
property into compliance with all applicable fire,
housing, and building codes within 6 months or enter into
an agreement with a community-based organization under the
Program to rehabilitate the residential property. If the
owner chooses to enter into an agreement with a
community-based organization to rehabilitate the
residential property, such agreement shall be made with
the express condition that, after the rehabilitation
project is complete, the owner shall:
(i) sell the residential property for no less than
its fair market value; and
(ii) use any proceeds from the sale to (a)
reimburse the community-based organization for all
costs associated with rehabilitating the property and
(b) make satisfactory payment for any other claims
against the property. Any remaining sale proceeds of
the residential property shall be distributed as
follows:
(I) 20% shall be distributed to the owner.
(II) 80% shall be deposited into the Training
in the Building Trades Fund created under
subsection (e).
(c) The Department of Commerce and Economic Opportunity
shall select from each of the following geographical regions
of the State a community-based organization with experience
working with the building trades:
(1) Central Illinois.
(2) Northeastern Illinois.
(3) Southern (Metro-East) Illinois.
(4) Southern Illinois.
(5) Western Illinois.
(d) Grants awarded under this Section shall be funded
through appropriations from the Training in the Building
Trades Fund created under subsection (e). The Department of
Commerce and Economic Opportunity may adopt any rules
necessary to implement the provisions of this Section.
(e) The Training in the Building Trades Fund is created as
a special fund in the State treasury. The Fund shall consist of
any moneys deposited into the Fund as provided in subparagraph
(B) of paragraph (2) of subsection (b) and any moneys
appropriated to the Department of Commerce and Economic
Opportunity for the Training in the Building Trades Program.
Moneys in the Fund shall be expended for the Training in the
Building Trades Program under subsection (a) and for no other
purpose. All interest earned on moneys in the Fund shall be
deposited into the Fund.
(Source: P.A. 101-469, eff. 1-1-20; revised 10-18-19.)
(20 ILCS 605/605-1040)
Sec. 605-1040 605-1025. Assessment of marketing programs.
The Department shall, in consultation with the General
Assembly, complete an assessment of its current practices
related to marketing programs administered by the Department
and the extent to which the Department assists Illinois
residents in the use and coordination of programs offered by
the Department. That assessment shall be completed by December
31, 2019.
Upon review of the assessment, if the Department, in
consultation with the General Assembly, concludes that a
Citizens Services Coordinator is needed to assist Illinois
residents in obtaining services and programs offered by the
Department, then the Department may, subject to appropriation,
hire an individual to serve as a Citizens Services
Coordinator. The Citizens Services Coordinator shall assist
Illinois residents seeking out and obtaining services and
programs offered by the Department and shall monitor resident
inquiries to determine which services are most in demand on a
regional basis.
(Source: P.A. 101-497, eff. 1-1-20; revised 10-18-19.)
(20 ILCS 605/605-1045)
Sec. 605-1045. (Repealed).
(Source: P.A. 101-640, eff. 6-12-20. Repealed internally, eff.
12-31-20.)
(20 ILCS 605/605-1047)
Sec. 605-1047 605-1045. Local Coronavirus Urgent
Remediation Emergency (or Local CURE) Support Program.
(a) Purpose. The Department may receive, directly or
indirectly, federal funds from the Coronavirus Relief Fund
provided to the State pursuant to Section 5001 of the federal
Coronavirus Aid, Relief, and Economic Security (CARES) Act to
provide financial support to units of local government for
purposes authorized by Section 5001 of the federal Coronavirus
Aid, Relief, and Economic Security (CARES) Act and related
federal guidance. Upon receipt of such funds, and
appropriations for their use, the Department shall administer
a Local Coronavirus Urgent Remediation Emergency (or Local
CURE) Support Program to provide financial support to units of
local government that have incurred necessary expenditures due
to the COVID-19 public health emergency. The Department shall
provide by rule the administrative framework for the Local
CURE Support Program.
(b) Allocations. A portion of the funds appropriated for
the Local CURE Support Program may be allotted to
municipalities and counties based on proportionate population.
Units of local government, or portions thereof, located within
the five Illinois counties that received direct allotments
from the federal Coronavirus Relief Fund will not be included
in the support program allotments. The Department may
establish other administrative procedures for providing
financial support to units of local government. Appropriated
funds may be used for administration of the support program,
including the hiring of a service provider to assist with
coordination and administration.
(c) Administrative Procedures. The Department may
establish administrative procedures for the support program,
including any application procedures, grant agreements,
certifications, payment methodologies, and other
accountability measures that may be imposed upon recipients of
funds under the grant program. Financial support may be
provided in the form of grants or in the form of expense
reimbursements for disaster-related expenditures. The
emergency rulemaking process may be used to promulgate the
initial rules of the grant program.
(d) Definitions. As used in this Section:
(1) "COVID-19" means the novel coronavirus virus
disease deemed COVID-19 by the World Health Organization
on February 11, 2020.
(2) "Local government" or "unit of local government"
means any unit of local government as defined in Article
VII, Section 1 of the Illinois Constitution.
(3) "Third party administrator" means a service
provider selected by the Department to provide operational
assistance with the administration of the support program.
(e) Powers of the Department. The Department has the power
to:
(1) Provide financial support to eligible units of
local government with funds appropriated from the Local
Coronavirus Urgent Remediation Emergency (Local CURE) Fund
to cover necessary costs incurred due to the COVID-19
public health emergency that are eligible to be paid using
federal funds from the Coronavirus Relief Fund.
(2) Enter into agreements, accept funds, issue grants
or expense reimbursements, and engage in cooperation with
agencies of the federal government and units of local
governments to carry out the purposes of this support
program, and to use funds appropriated from the Local
Coronavirus Urgent Remediation Emergency (Local CURE) Fund
fund upon such terms and conditions as may be established
by the federal government and the Department.
(3) Enter into agreements with third-party
administrators to assist the state with operational
assistance and administrative functions related to review
of documentation and processing of financial support
payments to units of local government.
(4) Establish applications, notifications, contracts,
and procedures and adopt rules deemed necessary and
appropriate to carry out the provisions of this Section.
To provide for the expeditious and timely implementation
of this Act, emergency rules to implement any provision of
this Section may be adopted by the Department subject to
the provisions of Section 5-45 of the Illinois
Administrative Procedure Act.
(5) Provide staff, administration, and related support
required to manage the support program and pay for the
staffing, administration, and related support with funds
appropriated from the Local Coronavirus Urgent Remediation
Emergency (Local CURE) Fund.
(6) Exercise such other powers as are necessary or
incidental to the foregoing.
(f) Local CURE Financial Support to Local Governments. The
Department is authorized to provide financial support to
eligible units of local government including, but not limited
to, certified local health departments for necessary costs
incurred due to the COVID-19 public health emergency that are
eligible to be paid using federal funds from the Coronavirus
Relief Fund.
(1) Financial support funds may be used by a unit of
local government only for payment of costs that: (i) are
necessary expenditures incurred due to the public health
emergency of COVID-19; (ii) were not accounted for in the
most recent budget approved as of March 27, 2020 for the
unit of local government; and (iii) were incurred between
March 1, 2020 and December 30, 2020.
(2) A unit of local government receiving financial
support funds under this program shall certify to the
Department that it shall use the funds in accordance with
the requirements of paragraph (1) and that any funds
received but not used for such purposes shall be repaid to
the Department.
(3) The Department shall make the determination to
provide financial support funds to a unit of local
government on the basis of criteria established by the
Department.
(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
Section 105. The Illinois Enterprise Zone Act is amended
by changing Sections 5.5 and 13 as follows:
(20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
Sec. 5.5. High Impact Business.
(a) In order to respond to unique opportunities to assist
in the encouragement, development, growth, and expansion of
the private sector through large scale investment and
development projects, the Department is authorized to receive
and approve applications for the designation of "High Impact
Businesses" in Illinois subject to the following conditions:
(1) such applications may be submitted at any time
during the year;
(2) such business is not located, at the time of
designation, in an enterprise zone designated pursuant to
this Act;
(3) the business intends to do one or more of the
following:
(A) the business intends to make a minimum
investment of $12,000,000 which will be placed in
service in qualified property and intends to create
500 full-time equivalent jobs at a designated location
in Illinois or intends to make a minimum investment of
$30,000,000 which will be placed in service in
qualified property and intends to retain 1,500
full-time retained jobs at a designated location in
Illinois. The business must certify in writing that
the investments would not be placed in service in
qualified property and the job creation or job
retention would not occur without the tax credits and
exemptions set forth in subsection (b) of this
Section. The terms "placed in service" and "qualified
property" have the same meanings as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(B) the business intends to establish a new
electric generating facility at a designated location
in Illinois. "New electric generating facility", for
purposes of this Section, means a newly-constructed
electric generation plant or a newly-constructed
generation capacity expansion at an existing electric
generation plant, including the transmission lines and
associated equipment that transfers electricity from
points of supply to points of delivery, and for which
such new foundation construction commenced not sooner
than July 1, 2001. Such facility shall be designed to
provide baseload electric generation and shall operate
on a continuous basis throughout the year; and (i)
shall have an aggregate rated generating capacity of
at least 1,000 megawatts for all new units at one site
if it uses natural gas as its primary fuel and
foundation construction of the facility is commenced
on or before December 31, 2004, or shall have an
aggregate rated generating capacity of at least 400
megawatts for all new units at one site if it uses coal
or gases derived from coal as its primary fuel and
shall support the creation of at least 150 new
Illinois coal mining jobs, or (ii) shall be funded
through a federal Department of Energy grant before
December 31, 2010 and shall support the creation of
Illinois coal-mining jobs, or (iii) shall use coal
gasification or integrated gasification-combined cycle
units that generate electricity or chemicals, or both,
and shall support the creation of Illinois coal-mining
jobs. The business must certify in writing that the
investments necessary to establish a new electric
generating facility would not be placed in service and
the job creation in the case of a coal-fueled plant
would not occur without the tax credits and exemptions
set forth in subsection (b-5) of this Section. The
term "placed in service" has the same meaning as
described in subsection (h) of Section 201 of the
Illinois Income Tax Act; or
(B-5) the business intends to establish a new
gasification facility at a designated location in
Illinois. As used in this Section, "new gasification
facility" means a newly constructed coal gasification
facility that generates chemical feedstocks or
transportation fuels derived from coal (which may
include, but are not limited to, methane, methanol,
and nitrogen fertilizer), that supports the creation
or retention of Illinois coal-mining jobs, and that
qualifies for financial assistance from the Department
before December 31, 2010. A new gasification facility
does not include a pilot project located within
Jefferson County or within a county adjacent to
Jefferson County for synthetic natural gas from coal;
or
(C) the business intends to establish production
operations at a new coal mine, re-establish production
operations at a closed coal mine, or expand production
at an existing coal mine at a designated location in
Illinois not sooner than July 1, 2001; provided that
the production operations result in the creation of
150 new Illinois coal mining jobs as described in
subdivision (a)(3)(B) of this Section, and further
provided that the coal extracted from such mine is
utilized as the predominant source for a new electric
generating facility. The business must certify in
writing that the investments necessary to establish a
new, expanded, or reopened coal mine would not be
placed in service and the job creation would not occur
without the tax credits and exemptions set forth in
subsection (b-5) of this Section. The term "placed in
service" has the same meaning as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(D) the business intends to construct new
transmission facilities or upgrade existing
transmission facilities at designated locations in
Illinois, for which construction commenced not sooner
than July 1, 2001. For the purposes of this Section,
"transmission facilities" means transmission lines
with a voltage rating of 115 kilovolts or above,
including associated equipment, that transfer
electricity from points of supply to points of
delivery and that transmit a majority of the
electricity generated by a new electric generating
facility designated as a High Impact Business in
accordance with this Section. The business must
certify in writing that the investments necessary to
construct new transmission facilities or upgrade
existing transmission facilities would not be placed
in service without the tax credits and exemptions set
forth in subsection (b-5) of this Section. The term
"placed in service" has the same meaning as described
in subsection (h) of Section 201 of the Illinois
Income Tax Act; or
(E) the business intends to establish a new wind
power facility at a designated location in Illinois.
For purposes of this Section, "new wind power
facility" means a newly constructed electric
generation facility, or a newly constructed expansion
of an existing electric generation facility, placed in
service on or after July 1, 2009, that generates
electricity using wind energy devices, and such
facility shall be deemed to include all associated
transmission lines, substations, and other equipment
related to the generation of electricity from wind
energy devices. For purposes of this Section, "wind
energy device" means any device, with a nameplate
capacity of at least 0.5 megawatts, that is used in the
process of converting kinetic energy from the wind to
generate electricity; or
(F) the business commits to (i) make a minimum
investment of $500,000,000, which will be placed in
service in a qualified property, (ii) create 125
full-time equivalent jobs at a designated location in
Illinois, (iii) establish a fertilizer plant at a
designated location in Illinois that complies with the
set-back standards as described in Table 1: Initial
Isolation and Protective Action Distances in the 2012
Emergency Response Guidebook published by the United
States Department of Transportation, (iv) pay a
prevailing wage for employees at that location who are
engaged in construction activities, and (v) secure an
appropriate level of general liability insurance to
protect against catastrophic failure of the fertilizer
plant or any of its constituent systems; in addition,
the business must agree to enter into a construction
project labor agreement including provisions
establishing wages, benefits, and other compensation
for employees performing work under the project labor
agreement at that location; for the purposes of this
Section, "fertilizer plant" means a newly constructed
or upgraded plant utilizing gas used in the production
of anhydrous ammonia and downstream nitrogen
fertilizer products for resale; for the purposes of
this Section, "prevailing wage" means the hourly cash
wages plus fringe benefits for training and
apprenticeship programs approved by the U.S.
Department of Labor, Bureau of Apprenticeship and
Training, health and welfare, insurance, vacations and
pensions paid generally, in the locality in which the
work is being performed, to employees engaged in work
of a similar character on public works; this paragraph
(F) applies only to businesses that submit an
application to the Department within 60 days after
July 25, 2013 (the effective date of Public Act
98-109) this amendatory Act of the 98th General
Assembly; and
(4) no later than 90 days after an application is
submitted, the Department shall notify the applicant of
the Department's determination of the qualification of the
proposed High Impact Business under this Section.
(b) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(A) of this Section shall
qualify for the credits and exemptions described in the
following Acts: Section 9-222 and Section 9-222.1A of the
Public Utilities Act, subsection (h) of Section 201 of the
Illinois Income Tax Act, and Section 1d of the Retailers'
Occupation Tax Act; provided that these credits and exemptions
described in these Acts shall not be authorized until the
minimum investments set forth in subdivision (a)(3)(A) of this
Section have been placed in service in qualified properties
and, in the case of the exemptions described in the Public
Utilities Act and Section 1d of the Retailers' Occupation Tax
Act, the minimum full-time equivalent jobs or full-time
retained jobs set forth in subdivision (a)(3)(A) of this
Section have been created or retained. Businesses designated
as High Impact Businesses under this Section shall also
qualify for the exemption described in Section 5l of the
Retailers' Occupation Tax Act. The credit provided in
subsection (h) of Section 201 of the Illinois Income Tax Act
shall be applicable to investments in qualified property as
set forth in subdivision (a)(3)(A) of this Section.
(b-5) Businesses designated as High Impact Businesses
pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
and (a)(3)(D) of this Section shall qualify for the credits
and exemptions described in the following Acts: Section 51 of
the Retailers' Occupation Tax Act, Section 9-222 and Section
9-222.1A of the Public Utilities Act, and subsection (h) of
Section 201 of the Illinois Income Tax Act; however, the
credits and exemptions authorized under Section 9-222 and
Section 9-222.1A of the Public Utilities Act, and subsection
(h) of Section 201 of the Illinois Income Tax Act shall not be
authorized until the new electric generating facility, the new
gasification facility, the new transmission facility, or the
new, expanded, or reopened coal mine is operational, except
that a new electric generating facility whose primary fuel
source is natural gas is eligible only for the exemption under
Section 5l of the Retailers' Occupation Tax Act.
(b-6) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(E) of this Section shall
qualify for the exemptions described in Section 5l of the
Retailers' Occupation Tax Act; any business so designated as a
High Impact Business being, for purposes of this Section, a
"Wind Energy Business".
(b-7) Beginning on January 1, 2021, businesses designated
as High Impact Businesses by the Department shall qualify for
the High Impact Business construction jobs credit under
subsection (h-5) of Section 201 of the Illinois Income Tax Act
if the business meets the criteria set forth in subsection (i)
of this Section. The total aggregate amount of credits awarded
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9
this amendatory Act of the 101st General Assembly) shall not
exceed $20,000,000 in any State fiscal year.
(c) High Impact Businesses located in federally designated
foreign trade zones or sub-zones are also eligible for
additional credits, exemptions and deductions as described in
the following Acts: Section 9-221 and Section 9-222.1 of the
Public Utilities Act; and subsection (g) of Section 201, and
Section 203 of the Illinois Income Tax Act.
(d) Except for businesses contemplated under subdivision
(a)(3)(E) of this Section, existing Illinois businesses which
apply for designation as a High Impact Business must provide
the Department with the prospective plan for which 1,500
full-time retained jobs would be eliminated in the event that
the business is not designated.
(e) Except for new wind power facilities contemplated
under subdivision (a)(3)(E) of this Section, new proposed
facilities which apply for designation as High Impact Business
must provide the Department with proof of alternative
non-Illinois sites which would receive the proposed investment
and job creation in the event that the business is not
designated as a High Impact Business.
(f) Except for businesses contemplated under subdivision
(a)(3)(E) of this Section, in the event that a business is
designated a High Impact Business and it is later determined
after reasonable notice and an opportunity for a hearing as
provided under the Illinois Administrative Procedure Act, that
the business would have placed in service in qualified
property the investments and created or retained the requisite
number of jobs without the benefits of the High Impact
Business designation, the Department shall be required to
immediately revoke the designation and notify the Director of
the Department of Revenue who shall begin proceedings to
recover all wrongfully exempted State taxes with interest. The
business shall also be ineligible for all State funded
Department programs for a period of 10 years.
(g) The Department shall revoke a High Impact Business
designation if the participating business fails to comply with
the terms and conditions of the designation. However, the
penalties for new wind power facilities or Wind Energy
Businesses for failure to comply with any of the terms or
conditions of the Illinois Prevailing Wage Act shall be only
those penalties identified in the Illinois Prevailing Wage
Act, and the Department shall not revoke a High Impact
Business designation as a result of the failure to comply with
any of the terms or conditions of the Illinois Prevailing Wage
Act in relation to a new wind power facility or a Wind Energy
Business.
(h) Prior to designating a business, the Department shall
provide the members of the General Assembly and Commission on
Government Forecasting and Accountability with a report
setting forth the terms and conditions of the designation and
guarantees that have been received by the Department in
relation to the proposed business being designated.
(i) High Impact Business construction jobs credit.
Beginning on January 1, 2021, a High Impact Business may
receive a tax credit against the tax imposed under subsections
(a) and (b) of Section 201 of the Illinois Income Tax Act in an
amount equal to 50% of the amount of the incremental income tax
attributable to High Impact Business construction jobs credit
employees employed in the course of completing a High Impact
Business construction jobs project. However, the High Impact
Business construction jobs credit may equal 75% of the amount
of the incremental income tax attributable to High Impact
Business construction jobs credit employees if the High Impact
Business construction jobs credit project is located in an
underserved area.
The Department shall certify to the Department of Revenue:
(1) the identity of taxpayers that are eligible for the High
Impact Business construction jobs credit; and (2) the amount
of High Impact Business construction jobs credits that are
claimed pursuant to subsection (h-5) of Section 201 of the
Illinois Income Tax Act in each taxable year. Any business
entity that receives a High Impact Business construction jobs
credit shall maintain a certified payroll pursuant to
subsection (j) of this Section.
As used in this subsection (i):
"High Impact Business construction jobs credit" means an
amount equal to 50% (or 75% if the High Impact Business
construction project is located in an underserved area) of the
incremental income tax attributable to High Impact Business
construction job employees. The total aggregate amount of
credits awarded under the Blue Collar Jobs Act (Article 20 of
Public Act 101-9 this amendatory Act of the 101st General
Assembly) shall not exceed $20,000,000 in any State fiscal
year
"High Impact Business construction job employee" means a
laborer or worker who is employed by an Illinois contractor or
subcontractor in the actual construction work on the site of a
High Impact Business construction job project.
"High Impact Business construction jobs project" means
building a structure or building or making improvements of any
kind to real property, undertaken and commissioned by a
business that was designated as a High Impact Business by the
Department. The term "High Impact Business construction jobs
project" does not include the routine operation, routine
repair, or routine maintenance of existing structures,
buildings, or real property.
"Incremental income tax" means the total amount withheld
during the taxable year from the compensation of High Impact
Business construction job employees.
"Underserved area" means a geographic area that meets one
or more of the following conditions:
(1) the area has a poverty rate of at least 20%
according to the latest federal decennial census;
(2) 75% or more of the children in the area
participate in the federal free lunch program according to
reported statistics from the State Board of Education;
(3) at least 20% of the households in the area receive
assistance under the Supplemental Nutrition Assistance
Program (SNAP); or
(4) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the U.S. Department
of Labor, for a period of at least 2 consecutive calendar
years preceding the date of the application.
(j) Each contractor and subcontractor who is engaged in
and executing a High Impact Business Construction jobs
project, as defined under subsection (i) of this Section, for
a business that is entitled to a credit pursuant to subsection
(i) of this Section shall:
(1) make and keep, for a period of 5 years from the
date of the last payment made on or after June 5, 2019 (the
effective date of Public Act 101-9) this amendatory Act of
the 101st General Assembly on a contract or subcontract
for a High Impact Business Construction Jobs Project,
records for all laborers and other workers employed by the
contractor or subcontractor on the project; the records
shall include:
(A) the worker's name;
(B) the worker's address;
(C) the worker's telephone number, if available;
(D) the worker's social security number;
(E) the worker's classification or
classifications;
(F) the worker's gross and net wages paid in each
pay period;
(G) the worker's number of hours worked each day;
(H) the worker's starting and ending times of work
each day;
(I) the worker's hourly wage rate; and
(J) the worker's hourly overtime wage rate;
(2) no later than the 15th day of each calendar month,
provide a certified payroll for the immediately preceding
month to the taxpayer in charge of the High Impact
Business construction jobs project; within 5 business days
after receiving the certified payroll, the taxpayer shall
file the certified payroll with the Department of Labor
and the Department of Commerce and Economic Opportunity; a
certified payroll must be filed for only those calendar
months during which construction on a High Impact Business
construction jobs project has occurred; the certified
payroll shall consist of a complete copy of the records
identified in paragraph (1) of this subsection (j), but
may exclude the starting and ending times of work each
day; the certified payroll shall be accompanied by a
statement signed by the contractor or subcontractor or an
officer, employee, or agent of the contractor or
subcontractor which avers that:
(A) he or she has examined the certified payroll
records required to be submitted by the Act and such
records are true and accurate; and
(B) the contractor or subcontractor is aware that
filing a certified payroll that he or she knows to be
false is a Class A misdemeanor.
A general contractor is not prohibited from relying on a
certified payroll of a lower-tier subcontractor, provided the
general contractor does not knowingly rely upon a
subcontractor's false certification.
Any contractor or subcontractor subject to this
subsection, and any officer, employee, or agent of such
contractor or subcontractor whose duty as an officer,
employee, or agent it is to file a certified payroll under this
subsection, who willfully fails to file such a certified
payroll on or before the date such certified payroll is
required by this paragraph to be filed and any person who
willfully files a false certified payroll that is false as to
any material fact is in violation of this Act and guilty of a
Class A misdemeanor.
The taxpayer in charge of the project shall keep the
records submitted in accordance with this subsection on or
after June 5, 2019 (the effective date of Public Act 101-9)
this amendatory Act of the 101st General Assembly for a period
of 5 years from the date of the last payment for work on a
contract or subcontract for the High Impact Business
construction jobs project.
The records submitted in accordance with this subsection
shall be considered public records, except an employee's
address, telephone number, and social security number, and
made available in accordance with the Freedom of Information
Act. The Department of Labor shall accept any reasonable
submissions by the contractor that meet the requirements of
this subsection (j) and shall share the information with the
Department in order to comply with the awarding of a High
Impact Business construction jobs credit. A contractor,
subcontractor, or public body may retain records required
under this Section in paper or electronic format.
(k) Upon 7 business days' notice, each contractor and
subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
records identified in this subsection (j) to the taxpayer in
charge of the High Impact Business construction jobs project,
its officers and agents, the Director of the Department of
Labor and his or her deputies and agents, and to federal,
State, or local law enforcement agencies and prosecutors.
(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
(20 ILCS 655/13)
Sec. 13. Enterprise Zone construction jobs credit.
(a) Beginning on January 1, 2021, a business entity in a
certified Enterprise Zone that makes a capital investment of
at least $10,000,000 in an Enterprise Zone construction jobs
project may receive an Enterprise Zone construction jobs
credit against the tax imposed under subsections (a) and (b)
of Section 201 of the Illinois Income Tax Act in an amount
equal to 50% of the amount of the incremental income tax
attributable to Enterprise Zone construction jobs credit
employees employed in the course of completing an Enterprise
Zone construction jobs project. However, the Enterprise Zone
construction jobs credit may equal 75% of the amount of the
incremental income tax attributable to Enterprise Zone
construction jobs credit employees if the project is located
in an underserved area.
(b) A business entity seeking a credit under this Section
must submit an application to the Department and must receive
approval from the designating municipality or county and the
Department for the Enterprise Zone construction jobs credit
project. The application must describe the nature and benefit
of the project to the certified Enterprise Zone and its
potential contributors. The total aggregate amount of credits
awarded under the Blue Collar Jobs Act (Article 20 of Public
Act 101-9 this amendatory Act of the 101st General Assembly)
shall not exceed $20,000,000 in any State fiscal year.
Within 45 days after receipt of an application, the
Department shall give notice to the applicant as to whether
the application has been approved or disapproved. If the
Department disapproves the application, it shall specify the
reasons for this decision and allow 60 days for the applicant
to amend and resubmit its application. The Department shall
provide assistance upon request to applicants. Resubmitted
applications shall receive the Department's approval or
disapproval within 30 days after the application is
resubmitted. Those resubmitted applications satisfying initial
Department objectives shall be approved unless reasonable
circumstances warrant disapproval.
On an annual basis, the designated zone organization shall
furnish a statement to the Department on the programmatic and
financial status of any approved project and an audited
financial statement of the project.
The Department shall certify to the Department of Revenue
the identity of taxpayers who are eligible for the credits and
the amount of credits that are claimed pursuant to
subparagraph (8) of subsection (f) of Section 201 the Illinois
Income Tax Act.
The Enterprise Zone construction jobs credit project must
be undertaken by the business entity in the course of
completing a project that complies with the criteria contained
in Section 4 of this Act and is undertaken in a certified
Enterprise Zone. The Department shall adopt any necessary
rules for the implementation of this subsection (b).
(c) Any business entity that receives an Enterprise Zone
construction jobs credit shall maintain a certified payroll
pursuant to subsection (d) of this Section.
(d) Each contractor and subcontractor who is engaged in
and is executing an Enterprise Zone construction jobs credit
project for a business that is entitled to a credit pursuant to
this Section shall:
(1) make and keep, for a period of 5 years from the
date of the last payment made on or after June 5, 2019 (the
effective date of Public Act 101-9) this amendatory Act of
the 101st General Assembly on a contract or subcontract
for an Enterprise Zone construction jobs credit project,
records for all laborers and other workers employed by
them on the project; the records shall include:
(A) the worker's name;
(B) the worker's address;
(C) the worker's telephone number, if available;
(D) the worker's social security number;
(E) the worker's classification or
classifications;
(F) the worker's gross and net wages paid in each
pay period;
(G) the worker's number of hours worked each day;
(H) the worker's starting and ending times of work
each day;
(I) the worker's hourly wage rate; and
(J) the worker's hourly overtime wage rate;
(2) no later than the 15th day of each calendar month,
provide a certified payroll for the immediately preceding
month to the taxpayer in charge of the project; within 5
business days after receiving the certified payroll, the
taxpayer shall file the certified payroll with the
Department of Labor and the Department of Commerce and
Economic Opportunity; a certified payroll must be filed
for only those calendar months during which construction
on an Enterprise Zone construction jobs project has
occurred; the certified payroll shall consist of a
complete copy of the records identified in paragraph (1)
of this subsection (d), but may exclude the starting and
ending times of work each day; the certified payroll shall
be accompanied by a statement signed by the contractor or
subcontractor or an officer, employee, or agent of the
contractor or subcontractor which avers that:
(A) he or she has examined the certified payroll
records required to be submitted by the Act and such
records are true and accurate; and
(B) the contractor or subcontractor is aware that
filing a certified payroll that he or she knows to be
false is a Class A misdemeanor.
A general contractor is not prohibited from relying on a
certified payroll of a lower-tier subcontractor, provided the
general contractor does not knowingly rely upon a
subcontractor's false certification.
Any contractor or subcontractor subject to this
subsection, and any officer, employee, or agent of such
contractor or subcontractor whose duty as an officer,
employee, or agent it is to file a certified payroll under this
subsection, who willfully fails to file such a certified
payroll on or before the date such certified payroll is
required by this paragraph to be filed and any person who
willfully files a false certified payroll that is false as to
any material fact is in violation of this Act and guilty of a
Class A misdemeanor.
The taxpayer in charge of the project shall keep the
records submitted in accordance with this subsection on or
after June 5, 2019 (the effective date of Public Act 101-9)
this amendatory Act of the 101st General Assembly for a period
of 5 years from the date of the last payment for work on a
contract or subcontract for the project.
The records submitted in accordance with this subsection
shall be considered public records, except an employee's
address, telephone number, and social security number, and
made available in accordance with the Freedom of Information
Act. The Department of Labor shall accept any reasonable
submissions by the contractor that meet the requirements of
this subsection and shall share the information with the
Department in order to comply with the awarding of Enterprise
Zone construction jobs credits. A contractor, subcontractor,
or public body may retain records required under this Section
in paper or electronic format.
Upon 7 business days' notice, the contractor and each
subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
records identified in paragraph (1) of this subsection to the
taxpayer in charge of the project, its officers and agents,
the Director of Labor and his or her deputies and agents, and
to federal, State, or local law enforcement agencies and
prosecutors.
(e) As used in this Section:
"Enterprise Zone construction jobs credit" means an amount
equal to 50% (or 75% if the project is located in an
underserved area) of the incremental income tax attributable
to Enterprise Zone construction jobs credit employees.
"Enterprise Zone construction jobs credit employee" means
a laborer or worker who is employed by an Illinois contractor
or subcontractor in the actual construction work on the site
of an Enterprise Zone construction jobs credit project.
"Enterprise Zone construction jobs credit project" means
building a structure or building or making improvements of any
kind to real property commissioned and paid for by a business
that has applied and been approved for an Enterprise Zone
construction jobs credit pursuant to this Section. "Enterprise
Zone construction jobs credit project" does not include the
routine operation, routine repair, or routine maintenance of
existing structures, buildings, or real property.
"Incremental income tax" means the total amount withheld
during the taxable year from the compensation of Enterprise
Zone construction jobs credit employees.
"Underserved area" means a geographic area that meets one
or more of the following conditions:
(1) the area has a poverty rate of at least 20%
according to the latest federal decennial census;
(2) 75% or more of the children in the area
participate in the federal free lunch program according to
reported statistics from the State Board of Education;
(3) at least 20% of the households in the area receive
assistance under the Supplemental Nutrition Assistance
Program (SNAP); or
(4) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the U.S. Department
of Labor, for a period of at least 2 consecutive calendar
years preceding the date of the application.
(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
Section 110. The Lake Michigan Wind Energy Act is amended
by changing Section 20 as follows:
(20 ILCS 896/20)
Sec. 20. Offshore Wind Energy Economic Development Policy
Task Force.
(a) The Governor shall convene an Offshore Wind Energy
Economic Development Policy Task Force, to be chaired by the
Director of Commerce and Economic Opportunity, or his or her
designee, to analyze and evaluate policy and economic options
to facilitate the development of offshore wind energy, and to
propose an appropriate Illinois mechanism for purchasing and
selling power from possible offshore wind energy projects. The
Task Force shall examine mechanisms used in other states and
jurisdictions, including, without limitation, feed-in tariffs,
renewable energy certificates, renewable energy certificate
carve-outs, power purchase agreements, and pilot projects. The
Task Force shall report its findings and recommendations to
the Governor and General Assembly within 12 months of
convening.
(b) The Director of the Illinois Power Agency (or his or
her designee), the Executive Director of the Illinois Commerce
Commission (or his or her designee), the Director of Natural
Resources (or his or her designee), and the Attorney General
(or his or her designee) shall serve as ex officio members of
the Task Force.
(c) The Governor shall appoint, within 90 days of August
9, 2019 (the effective date of Public Act 101-283) this
amendatory Act of the 101st General Assembly, the following
public members to serve on the Task Force:
(1) one individual from an institution of higher
education in Illinois representing the discipline of
economics with experience in the study of renewable
energy;
(2) one individual representing an energy industry
with experience in renewable energy markets;
(3) one individual representing a Statewide consumer
or electric ratepayer organization;
(4) one individual representing the offshore wind
energy industry;
(5) one individual representing the wind energy supply
chain industry;
(6) one individual representing an Illinois electrical
cooperative, municipal electrical utility, or association
of such cooperatives or utilities;
(7) one individual representing an Illinois industrial
union involved in the construction, maintenance, or
transportation of electrical generation, distribution, or
transmission equipment or components;
(8) one individual representing an Illinois commercial
or industrial electrical consumer;
(9) one individual representing an Illinois public
education electrical consumer;
(10) one individual representing an independent
transmission company;
(11) one individual from the Illinois legal community
with experience in contracts, utility law, municipal law,
and constitutional law;
(12) one individual representing a Great Lakes
regional organization with experience assessing or
studying wind energy;
(13) one individual representing a Statewide
environmental organization;
(14) one resident of the State representing an
organization advocating for persons of low or limited
incomes;
(15) one individual representing Argonne National
Laboratory; and
(16) one individual representing a local community
that has aggregated the purchase of electricity.
(d) The Governor may appoint additional public members to
the Task Force.
(e) The Speaker of the House of Representatives, Minority
Leader of the House of Representatives, Senate President, and
Minority Leader of the Senate shall each appoint one member of
the General Assembly to serve on the Task Force.
(f) Members of the Task Force shall serve without
compensation.
(Source: P.A. 101-283, eff. 8-9-19; revised 11-21-19.)
Section 115. The Energy Policy and Planning Act is amended
by changing Section 4 as follows:
(20 ILCS 1120/4) (from Ch. 96 1/2, par. 7804)
Sec. 4. Authority. (1) The Department in addition to its
preparation of energy contingency plans, shall also analyze,
prepare, and recommend a comprehensive energy plan for the
State of Illinois.
The plan shall identify emerging trends related to energy
supply, demand, conservation, public health and safety
factors, and should specify the levels of statewide and
service area energy needs, past, present, and estimated future
demand, as well as the potential social, economic, or
environmental effects caused by the continuation of existing
trends and by the various alternatives available to the State.
The plan shall also conform to the requirements of Section
8-402 of the Public Utilities Act. The Department shall design
programs as necessary to achieve the purposes of this Act and
the planning objectives of the The Public Utilities Act. The
Department's energy plan, and any programs designed pursuant
to this Section shall be filed with the Commission in
accordance with the Commission's planning responsibilities and
hearing requirements related thereto. The Department shall
periodically review the plan, objectives and programs at least
every 2 years, and the results of such review and any resulting
changes in the Department's plan or programs shall be filed
with the Commission.
The Department's plan and programs and any review thereof,
shall also be filed with the Governor, the General Assembly,
and the Public Counsel, and shall be available to the public
upon request.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18; revised 7-17-19.)
Section 120. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by changing Section
1505-215 as follows:
(20 ILCS 1505/1505-215)
Sec. 1505-215. Bureau on Apprenticeship Programs; Advisory
Board. (a) There is created within the Department of Labor a
Bureau on Apprenticeship Programs. This Bureau shall work to
increase minority participation in active apprentice programs
in Illinois that are approved by the United States Department
of Labor. The Bureau shall identify barriers to minorities
gaining access to construction careers and make
recommendations to the Governor and the General Assembly for
policies to remove those barriers. The Department may hire
staff to perform outreach in promoting diversity in active
apprenticeship programs approved by the United States
Department of Labor. The Bureau shall annually compile racial
and gender workforce diversity information from contractors
receiving State or other public funds and by labor unions with
members working on projects receiving State or other public
funds.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
revised 10-22-20.)
Section 125. The Illinois Lottery Law is amended by
changing Sections 2 and 9.1 as follows:
(20 ILCS 1605/2) (from Ch. 120, par. 1152)
Sec. 2. This Act is enacted to implement and establish
within the State a lottery to be conducted by the State through
the Department. The entire net proceeds of the Lottery are to
be used for the support of the State's Common School Fund,
except as provided in subsection (o) of Section 9.1 and
Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, and 21.11,
21.12, and 21.13. The General Assembly finds that it is in the
public interest for the Department to conduct the functions of
the Lottery with the assistance of a private manager under a
management agreement overseen by the Department. The
Department shall be accountable to the General Assembly and
the people of the State through a comprehensive system of
regulation, audits, reports, and enduring operational
oversight. The Department's ongoing conduct of the Lottery
through a management agreement with a private manager shall
act to promote and ensure the integrity, security, honesty,
and fairness of the Lottery's operation and administration. It
is the intent of the General Assembly that the Department
shall conduct the Lottery with the assistance of a private
manager under a management agreement at all times in a manner
consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), 1953(b)(4).
Beginning with Fiscal Year 2018 and every year thereafter,
any moneys transferred from the State Lottery Fund to the
Common School Fund shall be supplemental to, and not in lieu
of, any other money due to be transferred to the Common School
Fund by law or appropriation.
(Source: P.A. 100-466, eff. 6-1-18; 100-647, eff. 7-30-18;
100-1068, eff. 8-24-18; 101-81, eff. 7-12-19; 101-561, eff.
8-23-19; revised 10-21-19.)
(20 ILCS 1605/9.1)
Sec. 9.1. Private manager and management agreement.
(a) As used in this Section:
"Offeror" means a person or group of persons that responds
to a request for qualifications under this Section.
"Request for qualifications" means all materials and
documents prepared by the Department to solicit the following
from offerors:
(1) Statements of qualifications.
(2) Proposals to enter into a management agreement,
including the identity of any prospective vendor or
vendors that the offeror intends to initially engage to
assist the offeror in performing its obligations under the
management agreement.
"Final offer" means the last proposal submitted by an
offeror in response to the request for qualifications,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
"Final offeror" means the offeror ultimately selected by
the Governor to be the private manager for the Lottery under
subsection (h) of this Section.
(b) By September 15, 2010, the Governor shall select a
private manager for the total management of the Lottery with
integrated functions, such as lottery game design, supply of
goods and services, and advertising and as specified in this
Section.
(c) Pursuant to the terms of this subsection, the
Department shall endeavor to expeditiously terminate the
existing contracts in support of the Lottery in effect on July
13, 2009 (the effective date of Public Act 96-37) this
amendatory Act of the 96th General Assembly in connection with
the selection of the private manager. As part of its
obligation to terminate these contracts and select the private
manager, the Department shall establish a mutually agreeable
timetable to transfer the functions of existing contractors to
the private manager so that existing Lottery operations are
not materially diminished or impaired during the transition.
To that end, the Department shall do the following:
(1) where such contracts contain a provision
authorizing termination upon notice, the Department shall
provide notice of termination to occur upon the mutually
agreed timetable for transfer of functions;
(2) upon the expiration of any initial term or renewal
term of the current Lottery contracts, the Department
shall not renew such contract for a term extending beyond
the mutually agreed timetable for transfer of functions;
or
(3) in the event any current contract provides for
termination of that contract upon the implementation of a
contract with the private manager, the Department shall
perform all necessary actions to terminate the contract on
the date that coincides with the mutually agreed timetable
for transfer of functions.
If the contracts to support the current operation of the
Lottery in effect on July 13, 2009 (the effective date of
Public Act 96-34) this amendatory Act of the 96th General
Assembly are not subject to termination as provided for in
this subsection (c), then the Department may include a
provision in the contract with the private manager specifying
a mutually agreeable methodology for incorporation.
(c-5) The Department shall include provisions in the
management agreement whereby the private manager shall, for a
fee, and pursuant to a contract negotiated with the Department
(the "Employee Use Contract"), utilize the services of current
Department employees to assist in the administration and
operation of the Lottery. The Department shall be the employer
of all such bargaining unit employees assigned to perform such
work for the private manager, and such employees shall be
State employees, as defined by the Personnel Code. Department
employees shall operate under the same employment policies,
rules, regulations, and procedures, as other employees of the
Department. In addition, neither historical representation
rights under the Illinois Public Labor Relations Act, nor
existing collective bargaining agreements, shall be disturbed
by the management agreement with the private manager for the
management of the Lottery.
(d) The management agreement with the private manager
shall include all of the following:
(1) A term not to exceed 10 years, including any
renewals.
(2) A provision specifying that the Department:
(A) shall exercise actual control over all
significant business decisions;
(A-5) has the authority to direct or countermand
operating decisions by the private manager at any
time;
(B) has ready access at any time to information
regarding Lottery operations;
(C) has the right to demand and receive
information from the private manager concerning any
aspect of the Lottery operations at any time; and
(D) retains ownership of all trade names,
trademarks, and intellectual property associated with
the Lottery.
(3) A provision imposing an affirmative duty on the
private manager to provide the Department with material
information and with any information the private manager
reasonably believes the Department would want to know to
enable the Department to conduct the Lottery.
(4) A provision requiring the private manager to
provide the Department with advance notice of any
operating decision that bears significantly on the public
interest, including, but not limited to, decisions on the
kinds of games to be offered to the public and decisions
affecting the relative risk and reward of the games being
offered, so the Department has a reasonable opportunity to
evaluate and countermand that decision.
(5) A provision providing for compensation of the
private manager that may consist of, among other things, a
fee for services and a performance based bonus as
consideration for managing the Lottery, including terms
that may provide the private manager with an increase in
compensation if Lottery revenues grow by a specified
percentage in a given year.
(6) (Blank).
(7) A provision requiring the deposit of all Lottery
proceeds to be deposited into the State Lottery Fund
except as otherwise provided in Section 20 of this Act.
(8) A provision requiring the private manager to
locate its principal office within the State.
(8-5) A provision encouraging that at least 20% of the
cost of contracts entered into for goods and services by
the private manager in connection with its management of
the Lottery, other than contracts with sales agents or
technical advisors, be awarded to businesses that are a
minority-owned business, a women-owned business, or a
business owned by a person with disability, as those terms
are defined in the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
(9) A requirement that so long as the private manager
complies with all the conditions of the agreement under
the oversight of the Department, the private manager shall
have the following duties and obligations with respect to
the management of the Lottery:
(A) The right to use equipment and other assets
used in the operation of the Lottery.
(B) The rights and obligations under contracts
with retailers and vendors.
(C) The implementation of a comprehensive security
program by the private manager.
(D) The implementation of a comprehensive system
of internal audits.
(E) The implementation of a program by the private
manager to curb compulsive gambling by persons playing
the Lottery.
(F) A system for determining (i) the type of
Lottery games, (ii) the method of selecting winning
tickets, (iii) the manner of payment of prizes to
holders of winning tickets, (iv) the frequency of
drawings of winning tickets, (v) the method to be used
in selling tickets, (vi) a system for verifying the
validity of tickets claimed to be winning tickets,
(vii) the basis upon which retailer commissions are
established by the manager, and (viii) minimum
payouts.
(10) A requirement that advertising and promotion must
be consistent with Section 7.8a of this Act.
(11) A requirement that the private manager market the
Lottery to those residents who are new, infrequent, or
lapsed players of the Lottery, especially those who are
most likely to make regular purchases on the Internet as
permitted by law.
(12) A code of ethics for the private manager's
officers and employees.
(13) A requirement that the Department monitor and
oversee the private manager's practices and take action
that the Department considers appropriate to ensure that
the private manager is in compliance with the terms of the
management agreement, while allowing the manager, unless
specifically prohibited by law or the management
agreement, to negotiate and sign its own contracts with
vendors.
(14) A provision requiring the private manager to
periodically file, at least on an annual basis,
appropriate financial statements in a form and manner
acceptable to the Department.
(15) Cash reserves requirements.
(16) Procedural requirements for obtaining the prior
approval of the Department when a management agreement or
an interest in a management agreement is sold, assigned,
transferred, or pledged as collateral to secure financing.
(17) Grounds for the termination of the management
agreement by the Department or the private manager.
(18) Procedures for amendment of the agreement.
(19) A provision requiring the private manager to
engage in an open and competitive bidding process for any
procurement having a cost in excess of $50,000 that is not
a part of the private manager's final offer. The process
shall favor the selection of a vendor deemed to have
submitted a proposal that provides the Lottery with the
best overall value. The process shall not be subject to
the provisions of the Illinois Procurement Code, unless
specifically required by the management agreement.
(20) The transition of rights and obligations,
including any associated equipment or other assets used in
the operation of the Lottery, from the manager to any
successor manager of the lottery, including the
Department, following the termination of or foreclosure
upon the management agreement.
(21) Right of use of copyrights, trademarks, and
service marks held by the Department in the name of the
State. The agreement must provide that any use of them by
the manager shall only be for the purpose of fulfilling
its obligations under the management agreement during the
term of the agreement.
(22) The disclosure of any information requested by
the Department to enable it to comply with the reporting
requirements and information requests provided for under
subsection (p) of this Section.
(e) Notwithstanding any other law to the contrary, the
Department shall select a private manager through a
competitive request for qualifications process consistent with
Section 20-35 of the Illinois Procurement Code, which shall
take into account:
(1) the offeror's ability to market the Lottery to
those residents who are new, infrequent, or lapsed players
of the Lottery, especially those who are most likely to
make regular purchases on the Internet;
(2) the offeror's ability to address the State's
concern with the social effects of gambling on those who
can least afford to do so;
(3) the offeror's ability to provide the most
successful management of the Lottery for the benefit of
the people of the State based on current and past business
practices or plans of the offeror; and
(4) the offeror's poor or inadequate past performance
in servicing, equipping, operating or managing a lottery
on behalf of Illinois, another State or foreign government
and attracting persons who are not currently regular
players of a lottery.
(f) The Department may retain the services of an advisor
or advisors with significant experience in financial services
or the management, operation, and procurement of goods,
services, and equipment for a government-run lottery to assist
in the preparation of the terms of the request for
qualifications and selection of the private manager. Any
prospective advisor seeking to provide services under this
subsection (f) shall disclose any material business or
financial relationship during the past 3 years with any
potential offeror, or with a contractor or subcontractor
presently providing goods, services, or equipment to the
Department to support the Lottery. The Department shall
evaluate the material business or financial relationship of
each prospective advisor. The Department shall not select any
prospective advisor with a substantial business or financial
relationship that the Department deems to impair the
objectivity of the services to be provided by the prospective
advisor. During the course of the advisor's engagement by the
Department, and for a period of one year thereafter, the
advisor shall not enter into any business or financial
relationship with any offeror or any vendor identified to
assist an offeror in performing its obligations under the
management agreement. Any advisor retained by the Department
shall be disqualified from being an offeror. The Department
shall not include terms in the request for qualifications that
provide a material advantage whether directly or indirectly to
any potential offeror, or any contractor or subcontractor
presently providing goods, services, or equipment to the
Department to support the Lottery, including terms contained
in previous responses to requests for proposals or
qualifications submitted to Illinois, another State or foreign
government when those terms are uniquely associated with a
particular potential offeror, contractor, or subcontractor.
The request for proposals offered by the Department on
December 22, 2008 as "LOT08GAMESYS" and reference number
"22016176" is declared void.
(g) The Department shall select at least 2 offerors as
finalists to potentially serve as the private manager no later
than August 9, 2010. Upon making preliminary selections, the
Department shall schedule a public hearing on the finalists'
proposals and provide public notice of the hearing at least 7
calendar days before the hearing. The notice must include all
of the following:
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A brief description of the management agreement to
be awarded.
(4) The identity of the offerors that have been
selected as finalists to serve as the private manager.
(5) The address and telephone number of the
Department.
(h) At the public hearing, the Department shall (i)
provide sufficient time for each finalist to present and
explain its proposal to the Department and the Governor or the
Governor's designee, including an opportunity to respond to
questions posed by the Department, Governor, or designee and
(ii) allow the public and non-selected offerors to comment on
the presentations. The Governor or a designee shall attend the
public hearing. After the public hearing, the Department shall
have 14 calendar days to recommend to the Governor whether a
management agreement should be entered into with a particular
finalist. After reviewing the Department's recommendation, the
Governor may accept or reject the Department's recommendation,
and shall select a final offeror as the private manager by
publication of a notice in the Illinois Procurement Bulletin
on or before September 15, 2010. The Governor shall include in
the notice a detailed explanation and the reasons why the
final offeror is superior to other offerors and will provide
management services in a manner that best achieves the
objectives of this Section. The Governor shall also sign the
management agreement with the private manager.
(i) Any action to contest the private manager selected by
the Governor under this Section must be brought within 7
calendar days after the publication of the notice of the
designation of the private manager as provided in subsection
(h) of this Section.
(j) The Lottery shall remain, for so long as a private
manager manages the Lottery in accordance with provisions of
this Act, a Lottery conducted by the State, and the State shall
not be authorized to sell or transfer the Lottery to a third
party.
(k) Any tangible personal property used exclusively in
connection with the lottery that is owned by the Department
and leased to the private manager shall be owned by the
Department in the name of the State and shall be considered to
be public property devoted to an essential public and
governmental function.
(l) The Department may exercise any of its powers under
this Section or any other law as necessary or desirable for the
execution of the Department's powers under this Section.
(m) Neither this Section nor any management agreement
entered into under this Section prohibits the General Assembly
from authorizing forms of gambling that are not in direct
competition with the Lottery. The forms of gambling authorized
by Public Act 101-31 this amendatory Act of the 101st General
Assembly constitute authorized forms of gambling that are not
in direct competition with the Lottery.
(n) The private manager shall be subject to a complete
investigation in the third, seventh, and tenth years of the
agreement (if the agreement is for a 10-year term) by the
Department in cooperation with the Auditor General to
determine whether the private manager has complied with this
Section and the management agreement. The private manager
shall bear the cost of an investigation or reinvestigation of
the private manager under this subsection.
(o) The powers conferred by this Section are in addition
and supplemental to the powers conferred by any other law. If
any other law or rule is inconsistent with this Section,
including, but not limited to, provisions of the Illinois
Procurement Code, then this Section controls as to any
management agreement entered into under this Section. This
Section and any rules adopted under this Section contain full
and complete authority for a management agreement between the
Department and a private manager. No law, procedure,
proceeding, publication, notice, consent, approval, order, or
act by the Department or any other officer, Department,
agency, or instrumentality of the State or any political
subdivision is required for the Department to enter into a
management agreement under this Section. This Section contains
full and complete authority for the Department to approve any
contracts entered into by a private manager with a vendor
providing goods, services, or both goods and services to the
private manager under the terms of the management agreement,
including subcontractors of such vendors.
Upon receipt of a written request from the Chief
Procurement Officer, the Department shall provide to the Chief
Procurement Officer a complete and un-redacted copy of the
management agreement or any contract that is subject to the
Department's approval authority under this subsection (o). The
Department shall provide a copy of the agreement or contract
to the Chief Procurement Officer in the time specified by the
Chief Procurement Officer in his or her written request, but
no later than 5 business days after the request is received by
the Department. The Chief Procurement Officer must retain any
portions of the management agreement or of any contract
designated by the Department as confidential, proprietary, or
trade secret information in complete confidence pursuant to
subsection (g) of Section 7 of the Freedom of Information Act.
The Department shall also provide the Chief Procurement
Officer with reasonable advance written notice of any contract
that is pending Department approval.
Notwithstanding any other provision of this Section to the
contrary, the Chief Procurement Officer shall adopt
administrative rules, including emergency rules, to establish
a procurement process to select a successor private manager if
a private management agreement has been terminated. The
selection process shall at a minimum take into account the
criteria set forth in items (1) through (4) of subsection (e)
of this Section and may include provisions consistent with
subsections (f), (g), (h), and (i) of this Section. The Chief
Procurement Officer shall also implement and administer the
adopted selection process upon the termination of a private
management agreement. The Department, after the Chief
Procurement Officer certifies that the procurement process has
been followed in accordance with the rules adopted under this
subsection (o), shall select a final offeror as the private
manager and sign the management agreement with the private
manager.
Except as provided in Sections 21.5, 21.6, 21.7, 21.8,
21.9, 21.10, 21.11, 21.12, and 21.13, the Department shall
distribute all proceeds of lottery tickets and shares sold in
the following priority and manner:
(1) The payment of prizes and retailer bonuses.
(2) The payment of costs incurred in the operation and
administration of the Lottery, including the payment of
sums due to the private manager under the management
agreement with the Department.
(3) On the last day of each month or as soon thereafter
as possible, the State Comptroller shall direct and the
State Treasurer shall transfer from the State Lottery Fund
to the Common School Fund an amount that is equal to the
proceeds transferred in the corresponding month of fiscal
year 2009, as adjusted for inflation, to the Common School
Fund.
(4) On or before September 30 of each fiscal year,
deposit any estimated remaining proceeds from the prior
fiscal year, subject to payments under items (1), (2), and
(3), into the Capital Projects Fund. Beginning in fiscal
year 2019, the amount deposited shall be increased or
decreased each year by the amount the estimated payment
differs from the amount determined from each year-end
financial audit. Only remaining net deficits from prior
fiscal years may reduce the requirement to deposit these
funds, as determined by the annual financial audit.
(p) The Department shall be subject to the following
reporting and information request requirements:
(1) the Department shall submit written quarterly
reports to the Governor and the General Assembly on the
activities and actions of the private manager selected
under this Section;
(2) upon request of the Chief Procurement Officer, the
Department shall promptly produce information related to
the procurement activities of the Department and the
private manager requested by the Chief Procurement
Officer; the Chief Procurement Officer must retain
confidential, proprietary, or trade secret information
designated by the Department in complete confidence
pursuant to subsection (g) of Section 7 of the Freedom of
Information Act; and
(3) at least 30 days prior to the beginning of the
Department's fiscal year, the Department shall prepare an
annual written report on the activities of the private
manager selected under this Section and deliver that
report to the Governor and General Assembly.
(Source: P.A. 100-391, eff. 8-25-17; 100-587, eff. 6-4-18;
100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; 101-31, eff.
6-28-19; 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; revised
10-21-19.)
Section 130. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by setting forth and renumbering multiple versions of
Sections 2310-223 and 2310-455 and by changing Section
2310-670 as follows:
(20 ILCS 2310/2310-222)
Sec. 2310-222 2310-223. Obstetric hemorrhage and
hypertension training.
(a) As used in this Section, "birthing facility" means (1)
a hospital, as defined in the Hospital Licensing Act, with
more than one licensed obstetric bed or a neonatal intensive
care unit; (2) a hospital operated by a State university; or
(3) a birth center, as defined in the Alternative Health Care
Delivery Act.
(b) The Department shall ensure that all birthing
facilities conduct continuing education yearly for providers
and staff of obstetric medicine and of the emergency
department and other staff that may care for pregnant or
postpartum women. The continuing education shall include
yearly educational modules regarding management of severe
maternal hypertension and obstetric hemorrhage for units that
care for pregnant or postpartum women. Birthing facilities
must demonstrate compliance with these education and training
requirements.
(c) The Department shall collaborate with the Illinois
Perinatal Quality Collaborative or its successor organization
to develop an initiative to improve birth equity and reduce
peripartum racial and ethnic disparities. The Department shall
ensure that the initiative includes the development of best
practices for implicit bias training and education in cultural
competency to be used by birthing facilities in interactions
between patients and providers. In developing the initiative,
the Illinois Perinatal Quality Collaborative or its successor
organization shall consider existing programs, such as the
Alliance for Innovation on Maternal Health and the California
Maternal Quality Collaborative's pilot work on improving birth
equity. The Department shall support the initiation of a
statewide perinatal quality improvement initiative in
collaboration with birthing facilities to implement strategies
to reduce peripartum racial and ethnic disparities and to
address implicit bias in the health care system.
(d) The Department, in consultation with the Maternal
Mortality Review Committee, shall make available to all
birthing facilities best practices for timely identification
of all pregnant and postpartum women in the emergency
department and for appropriate and timely consultation of an
obstetric provider to provide input on management and
follow-up. Birthing facilities may use telemedicine for the
consultation.
(e) The Department may adopt rules for the purpose of
implementing this Section.
(Source: P.A. 101-390, eff. 1-1-20; revised 10-7-19.)
(20 ILCS 2310/2310-223)
Sec. 2310-223. Maternal care.
(a) The Department shall establish a classification system
for the following levels of maternal care:
(1) basic care: care of uncomplicated pregnancies with
the ability to detect, stabilize, and initiate management
of unanticipated maternal-fetal or neonatal problems that
occur during the antepartum, intrapartum, or postpartum
period until the patient can be transferred to a facility
at which specialty maternal care is available;
(2) specialty care: basic care plus care of
appropriate high-risk antepartum, intrapartum, or
postpartum conditions, both directly admitted and
transferred to another facility;
(3) subspecialty care: specialty care plus care of
more complex maternal medical conditions, obstetric
complications, and fetal conditions; and
(4) regional perinatal health care: subspecialty care
plus on-site medical and surgical care of the most complex
maternal conditions, critically ill pregnant women, and
fetuses throughout antepartum, intrapartum, and postpartum
care.
(b) The Department shall:
(1) introduce uniform designations for levels of
maternal care that are complimentary but distinct from
levels of neonatal care;
(2) establish clear, uniform criteria for designation
of maternal centers that are integrated with emergency
response systems to help ensure that the appropriate
personnel, physical space, equipment, and technology are
available to achieve optimal outcomes, as well as to
facilitate subsequent data collection regarding
risk-appropriate care;
(3) require each health care facility to have a clear
understanding of its capability to handle increasingly
complex levels of maternal care, and to have a
well-defined threshold for transferring women to health
care facilities that offer a higher level of care; to
ensure optimal care of all pregnant women, the Department
shall require all birth centers, hospitals, and
higher-level facilities to collaborate in order to develop
and maintain maternal and neonatal transport plans and
cooperative agreements capable of managing the health care
needs of women who develop complications; the Department
shall require that receiving hospitals openly accept
transfers;
(4) require higher-level facilities to provide
training for quality improvement initiatives, educational
support, and severe morbidity and mortality case review
for lower-level hospitals; the Department shall ensure
that, in those regions that do not have a facility that
qualifies as a regional perinatal health care facility,
any specialty care facility in the region will provide the
educational and consultation function;
(5) require facilities and regional systems to develop
methods to track severe maternal morbidity and mortality
to assess the efficacy of utilizing maternal levels of
care;
(6) analyze data collected from all facilities and
regional systems in order to inform future updates to the
levels of maternal care;
(7) require follow-up interdisciplinary work groups to
further explore the implementation needs that are
necessary to adopt the proposed classification system for
levels of maternal care in all facilities that provide
maternal care;
(8) disseminate data and materials to raise public
awareness about the importance of prenatal care and
maternal health;
(9) engage the Illinois Chapter of the American
Academy of Pediatrics in creating a quality improvement
initiative to expand efforts of pediatricians conducting
postpartum depression screening at well baby visits during
the first year of life; and
(10) adopt rules in accordance with the Illinois
Administrative Procedure Act to implement this subsection.
(Source: P.A. 101-447, eff. 8-23-19.)
(20 ILCS 2310/2310-455)
(Section scheduled to be repealed on January 1, 2022)
Sec. 2310-455. Federal funding to support maternal mental
health.
(a) The Department shall investigate and apply for federal
funding opportunities to support maternal mental health, to
the extent that programs are financed, in whole, by federal
funds.
(b) The Department shall file a report with the General
Assembly on or before January 1, 2021 of the Department's
efforts to secure and utilize the federal funding it receives
from the requirement specified in subsection (a).
(c) This Section is repealed on January 1, 2022.
(Source: P.A. 101-70, eff. 1-1-20.)
(20 ILCS 2310/2310-460)
Sec. 2310-460 2310-455. Suicide prevention. Subject to
appropriation, the Department shall implement activities
associated with the Suicide Prevention, Education, and
Treatment Act, including, but not limited to, the following:
(1) Coordinating suicide prevention, intervention, and
postvention programs, services, and efforts statewide.
(2) Developing and submitting proposals for funding
from federal agencies or other sources of funding to
promote suicide prevention and coordinate activities.
(3) With input from the Illinois Suicide Prevention
Alliance, preparing the Illinois Suicide Prevention
Strategic Plan required under Section 15 of the Suicide
Prevention, Education, and Treatment Act and coordinating
the activities necessary to implement the recommendations
in that Plan.
(4) With input from the Illinois Suicide Prevention
Alliance, providing to the Governor and General Assembly
the annual report required under Section 13 of the Suicide
Prevention, Education, and Treatment Act.
(5) Providing technical support for the activities of
the Illinois Suicide Prevention Alliance.
(Source: P.A. 101-331, eff. 8-9-19; revised 9-24-19.)
(20 ILCS 2310/2310-670)
Sec. 2310-670. Breast cancer patient education.
(a) The General Assembly makes the following findings:
(1) Annually, about 207,090 new cases of breast cancer
are diagnosed, according to the American Cancer Society.
(2) Breast cancer has a disproportionate and
detrimental impact on African-American women and is the
most common cancer among Hispanic and Latina women.
(3) African-American women under the age of 40 have a
greater incidence of breast cancer than Caucasian women of
the same age.
(4) Individuals undergoing surgery for breast cancer
should give due consideration to the option of breast
reconstructive surgery, either at the same time as the
breast cancer surgery or at a later date.
(5) According to the American Cancer Society,
immediate breast reconstruction offers the advantage of
combining the breast cancer surgery with the
reconstructive surgery and is cost effective.
(6) According to the American Cancer Society, delayed
breast reconstruction may be advantageous in women who
require post-surgical radiation or other treatments.
(7) A woman suffering from the loss of her breast may
not be a candidate for surgical breast reconstruction or
may choose not to undergo additional surgery and instead
choose breast prostheses.
(8) The federal Women's Health and Cancer Rights Act
of 1998 requires health plans that offer breast cancer
coverage to also provide for breast reconstruction.
(9) Required coverage for breast reconstruction
includes all the necessary stages of reconstruction.
Surgery of the opposite breast for symmetry may be
required. Breast prostheses may be necessary. Other
sequelae of breast cancer treatment, such as lymphedema,
must be covered.
(10) Several states have enacted laws to require that
women receive information on their breast cancer treatment
and reconstruction options.
(b) In this Section:
"Hispanic" has the same meaning as in Section 1707 of
the federal Public Health Service Services Act.
"Racial and ethnic minority group" has the same
meaning as in Section 1707 of the federal Public Health
Services Act.
(c) The Director shall provide for the planning and
implementation of an education campaign to inform breast
cancer patients, especially those in racial and ethnic
minority groups, anticipating surgery regarding the
availability and coverage of breast reconstruction,
prostheses, and other options. The campaign shall include the
dissemination, at a minimum, on relevant State health Internet
websites, including the Department of Public Health's Internet
website, of the following information:
(1) Breast reconstruction is possible at the time of
breast cancer surgery or in a delayed fashion.
(2) Prostheses or breast forms may be available.
(3) Federal law mandates both public and private
health plans to include coverage of breast reconstruction
and prostheses.
(4) The patient has a right to choose the provider of
reconstructive care, including the potential transfer of
care to a surgeon that provides breast reconstructive
care.
(5) The patient may opt to undergo breast
reconstruction in a delayed fashion for personal reasons
or after completion of all other breast cancer treatments.
The campaign may include dissemination of such other
information, whether developed by the Director or by other
entities, as the Director determines relevant. The campaign
shall not specify, or be designed to serve as a tool to limit,
the health care providers available to patients.
(d) In developing the information to be disseminated under
this Section, the Director shall consult with appropriate
medical societies and patient advocates related to breast
cancer, patient advocates representing racial and ethnic
minority groups, with a special emphasis on African-American
and Hispanic populations' breast reconstructive surgery, and
breast prostheses and breast forms.
(e) Beginning no later than January 1, 2016 (2 years after
the effective date of Public Act 98-479) and continuing each
second year thereafter, the Director shall submit to the
General Assembly a report describing the activities carried
out under this Section during the preceding 2 fiscal years,
including evaluating the extent to which the activities have
been effective in improving the health of racial and ethnic
minority groups.
(Source: P.A. 98-479, eff. 1-1-14; 98-756, eff. 7-16-14;
revised 8-18-20.)
Section 135. The State Police Act is amended by changing
Section 40 as follows:
(20 ILCS 2610/40)
Sec. 40. Training; administration of epinephrine.
(a) This Section, along with Section 10.19 of the Illinois
Police Training Act, may be referred to as the Annie LeGere
Law.
(b) For the purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the
automatic injection of a pre-measured dose of epinephrine into
the human body prescribed in the name of the Department.
(c) The Department may conduct or approve a training
program for State Police officers to recognize and respond to
anaphylaxis, including, but not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Department.
(d) The Department may authorize a State Police officer
who has completed the training program under subsection (c) to
carry, administer, or assist with the administration of
epinephrine auto-injectors whenever he or she is performing
official duties.
(e) The Department must establish a written policy to
control the acquisition, storage, transportation,
administration, and disposal of epinephrine auto-injectors
before it allows any State Police officer to carry and
administer epinephrine auto-injectors.
(f) A physician, physician physician's assistant with
prescriptive authority, or advanced practice registered nurse
with prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of the
Department to be maintained for use when necessary.
(g) When a State Police officer administers an epinephrine
auto-injector in good faith, the officer and the Department,
and its employees and agents, including a physician, physician
physician's assistant with prescriptive authority, or advanced
practice registered nurse with prescriptive authority who
provides a standing order or prescription for an epinephrine
auto-injector, incur no civil or professional liability,
except for willful and wanton conduct, as a result of any
injury or death arising from the use of an epinephrine
auto-injector.
(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
100-648, eff. 7-31-18; revised 1-14-20.)
Section 140. The State Police Radio Act is amended by
changing Section 5 as follows:
(20 ILCS 2615/5) (from Ch. 121, par. 307.25)
Sec. 5. Any telegraph or telephone operator who fails to
give priority to messages or calls as provided in Section
section 3 of this Act or any person who installs or uses a
short wavelength wave length radio receiving set in any
automobile contrary to the provisions in Section section 4 of
this Act or who wilfully makes any false, misleading, or
unfounded report to any broadcasting station established under
this Act act for the purpose of interfering with the operation
thereof or with the intention of misleading any officer of
this State, shall be deemed guilty of a Class B misdemeanor.
(Source: P.A. 77-2241; revised 8-18-20.)
Section 145. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully
completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of
2012, or Section 125 of the Stalking No Contact
Order Act, or Section 219 of the Civil No Contact
Order Act, or a similar provision of a local
ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile
Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if
any, by removing his or her name from all such records in
connection with the arrest and conviction, if any, and by
inserting in the records the name of the offender, if
known or ascertainable, in lieu of the aggrieved's name.
The records of the circuit court clerk shall be sealed
until further order of the court upon good cause shown and
the name of the aggrieved person obliterated on the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but the
order shall not affect any index issued by the circuit
court clerk before the entry of the order. Nothing in this
Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors from
listing under an offender's name the false names he or she
has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and Community
Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
Code of Corrections, Section 12-4.3 or subdivision (b)(1)
of Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at
any time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level
Test of General Educational Development, during the
period of his or her sentence or mandatory supervised
release. This subparagraph shall apply only to a
petitioner who has not completed the same educational
goal prior to the period of his or her sentence or
mandatory supervised release. If a petition for
sealing eligible records filed under this subparagraph
is denied by the court, the time periods under
subparagraph (B) or (C) shall apply to any subsequent
petition for sealing filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Department of State
Police, the arresting agency and the chief legal officer
of the unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Department as to the appropriateness of the relief
sought in the petition to expunge or seal. At the hearing,
the court shall hear evidence on whether the petition
should or should not be granted, and shall grant or deny
the petition to expunge or seal the records based on the
evidence presented at the hearing. The court may consider
the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Department, or the agency
receiving such inquiry, shall reply as it does in
response to inquiries when no records ever
existed.
(B) Upon entry of an order to expunge records
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service
of the order as ordered by the court, unless a
motion to vacate, modify, or reconsider the order
is filed pursuant to paragraph (12) of subsection
(d) of this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for
the same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service
of the order as ordered by the court, unless a
motion to vacate, modify, or reconsider the order
is filed under paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for
the same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Department, or
the agency receiving the inquiry shall reply as it
does in response to inquiries when no records ever
existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such
records, from anyone not authorized by law to access
such records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to
the petitioner of its compliance with each order to
expunge or seal records within 60 days of the date of
service of that order or, if a motion to vacate,
modify, or reconsider is filed, within 60 days of
service of the order resolving the motion, if that
order requires the Department to expunge or seal
records. In the event of an appeal from the circuit
court order, the Department shall send written notice
to the petitioner of its compliance with an Appellate
Court or Supreme Court judgment to expunge or seal
records within 60 days of the issuance of the court's
mandate. The notice is not required while any motion
to vacate, modify, or reconsider, or any appeal or
petition for discretionary appellate review, is
pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit
court clerk may charge a fee equivalent to the cost
associated with the sealing or expungement of records by
the circuit court clerk. From the total filing fee
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and forward the Department of
State Police portion of the fee to the Department and it
shall be deposited in the State Police Services Fund. If
the record brought under an expungement petition was
previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon
a later arrest for the same or similar offense or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Department pertaining to that individual. Upon entry of the
order of expungement, the circuit court clerk shall promptly
mail a copy of the order to the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Department may be disseminated by the
Department only as required by this Act or to the arresting
authority, a law enforcement agency, the State's Attorney, and
the court upon a later arrest for the same or similar offense
or for the purpose of sentencing for any subsequent felony.
Upon conviction for any subsequent offense, the Department of
Corrections shall have access to all expunged records of the
Department pertaining to that individual. Upon entry of the
order of expungement, the circuit court clerk shall promptly
mail a copy of the order to the person who was granted the
certificate of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Department of State Police shall comply
with paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Department of
State Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for immediate sealing
of his or her criminal record upon the completion of his or
her last sentence if his or her participation in the
underlying offense was a direct result of human
trafficking under Section 10-9 of the Criminal Code of
2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a direct result of human trafficking under
Section 10-9 of the Criminal Code of 2012 or a severe form
of trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to immediate sealing under this
subsection (h), the court shall conduct a hearing under
paragraph (7) of subsection (d) of this Section and the
court shall determine whether the petitioner is entitled
to immediate sealing under this subsection (h). A
petitioner is eligible for immediate relief under this
subsection (h) if he or she shows, by a preponderance of
the evidence, that: (A) he or she was a victim of human
trafficking at the time of the offense; and (B) that his or
her participation in the offense was a direct result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Department of State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Department of State Police be
expunged and the name of the defendant obliterated
from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and
conviction for the offense for which the individual
had received a pardon but the order shall not affect
any index issued by the circuit court clerk before the
entry of the order. Upon entry of the order of
expungement, the circuit court clerk shall promptly
provide a copy of the order and a certificate of
disposition to the individual who was pardoned to the
individual's last known address or by electronic means
(if available) or otherwise make it available to the
individual upon request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Department of State Police shall allow a
person to use the access and review process, established
in the Department of State Police, for verifying that his
or her records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(11) Information. The Department of State Police shall
post general information on its website about the
expungement process described in this subsection (i).
(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)
Section 150. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2705-610 and 2705-615 as follows:
(20 ILCS 2705/2705-610)
Sec. 2705-610. Disadvantaged business revolving loan and
grant program.
(a) Purpose. The purpose of this Section is to provide for
assistance to disadvantaged business enterprises with project
financing costs for those firms that are ready, willing, and
able to participate on Department construction contracts. The
Department's disparity study recommends and supports a
financing program to address this barrier faced by
disadvantaged business enterprises.
(b) For the purposes of this Section:
"Construction" means building, altering, repairing,
improving, or demolishing any public structure or building, or
making improvements of any kind to public real property.
Construction does not include the routine operation, routine
repair, or routine maintenance of existing structures,
buildings, or real property.
"Construction-related services" means those services
including construction design, layout, inspection, support,
feasibility or location study, research, development,
planning, or other investigative study undertaken by a
construction agency concerning construction or potential
construction.
"Contractor" means one who participates, through a
contract or subcontract at any tier, in a United States
Department of Transportation-assisted or Illinois Department
of Transportation-assisted highway, rail, transit, or airport
program.
"Escrow account" means a fiduciary account established
with (1) a banking corporation which is both organized under
the Illinois Banking Act and authorized to accept and
administer trusts in this State; or (2) a national banking
association which has its principal place of business in this
State and which is authorized to accept and administer trusts
in this State.
"Fund Control Agent" means a person who provides
managerial and technical assistance to disadvantaged business
enterprises and holds the authority to manage a loan under
this Section. The Fund Control Agent will be procured by the
Department under a request for proposal process governed by
the Illinois Procurement Code and rules adopted under that
Code.
"Loan" or "loan assistance funds" means a low-interest
line of credit made available to a selected disadvantaged
business enterprise under this program for the purposes set
forth in subsection (f) below.
(c) The Department may enter into agreements to make loans
to disadvantaged business enterprises certified by the
Department for participation on Department-procured
construction and construction-related contracts. For purposes
of this Section, the term "disadvantaged business enterprise"
has the meaning ascribed to it by 49 CFR Part 26.
The Department shall establish a loan selection committee
to review applications and select eligible disadvantaged
business enterprises for low-interest loans under this
program. A selection committee shall be comprised of at least
3 members appointed by the Secretary of the Department and
shall include at least one public member from the construction
or financing industry. The public member may not be employed
or associated with any disadvantaged business enterprise
holding a contract with the Department nor may the public
member's firm be considered for a contract with the Department
while he or she is serving as a public member of the committee.
Terms of service for public members shall not exceed 5 years.
No public member of the loan selection committee shall hold
consecutive terms, nor shall any member receive any
compensation other than for reasonable expenses for service
related to this committee.
The Department shall establish through administrative
rules the requirements for eligibility and criteria for loan
applications, approved use of funds, amount of loans, interest
rates, collateral, and terms. The Department is authorized to
adopt rules to implement this Section.
The Department shall notify the prime contractor on a
project that a subcontractor on the same project has been
awarded a loan from the Working Capital Revolving Loan Fund.
If the loan agreement is amended by the parties of the loan
agreement, the prime contractor shall not be a party to any
disadvantaged business enterprise loan agreement between the
Department and participating subcontractor and shall not incur
any liability for loan debt accrued as a result of the loan
agreement.
(d) Loan funds shall be disbursed to the escrow account,
subject to appropriation, from the Working Capital Revolving
Loan Fund established as a special fund in the State treasury.
Loaned funds that are repaid to the Department shall be
deposited into the Working Capital Revolving Loan Fund. Other
appropriations, grants, awards, and donations to the
Department for the purpose of the revolving loan program
established by this Section shall be deposited into the
Working Capital Revolving Loan Fund.
(e) A funds control process shall be established to serve
as an intermediary between the Department and the contractor
to verify payments and to ensure paperwork is properly filed.
The Fund Control Agent and contractor shall enter into an
agreement regarding the control and disbursement of all
payments to be made by the Fund Control Agent under the
contract. The Department shall authorize and direct the Fund
Control Agent to review all disbursement requests and
supporting documents received from the contractor. The Fund
Control Agent shall direct the escrow account to disburse
escrow funds to the subcontractor, material supplier, and
other appropriate entities by written request for the
disbursement. The disadvantaged business enterprise shall
maintain control over its business operations by directing the
payments of the loan funds through its relationship with the
Funds Control Agent. The funds control process shall require
the Fund Control Agent to intercept payments made from a
contractor to a subcontractor receiving a loan made under this
Act and allow the Fund Control Agent to deduct any unpaid loan
repayments owed to the State before releasing the payment to
the subcontractor.
(f) Loan assistance funds shall be allowed for current
liabilities or working capital expenses associated with
participation in the performance of contracts procured and
awarded by the Department for transportation construction and
construction-related purposes. Loan funds shall not be used
for:
(1) refinancing or payment of existing long-term debt;
(2) payment of non-current taxes;
(3) payments, advances, or loans to stockholders,
officers, directors, partners, or member owners of limited
liability companies; or
(4) the purchase or lease of non-construction motor
vehicles or equipment.
The loan agreement shall provide for the terms and
conditions of repayment which shall not extend repayment
longer than final payment made by the Department following
completion and acceptance of the work authorized for loan
assistance under the program. The funds shall be loaned with
interest.
(g) The number of loans one disadvantaged business
enterprise may receive under this program is limited to 3.
Loans shall not be granted simultaneously. An applicant shall
not be permitted to obtain a loan under this program for a
different and additional project until payment in full of any
outstanding loans granted under this program have been
received by the Department.
(h) The rate of interest for any loan shall be set by rule.
(i) The loan amount to any successful applicant shall not
exceed 55% percent of the contract or subcontract supporting
the loan.
(j) Nothing in this Section shall impair the contractual
rights of the Department and the prime contractor or the
contractual rights between a prime contractor and
subcontractor.
(k) Nothing in this Section is intended nor shall be
construed to vest applicants denied funds by the Department in
accordance with this Section a right to challenge, protest, or
contest the awarding of funds by the Department to successful
applicants or any loan or agreement executed in connection
with it.
(l) The debt delinquency prohibition under Section 50-11
of the Illinois Procurement Code applies to any future
contracts or subcontracts in the event of a loan default.
(m) Investment income which is attributable to the
investment of moneys in the Working Capital Revolving Loan
Fund shall be retained in the Working Capital Revolving Loan
Fund.
(n) By January 1, 2014 and January 1 of each succeeding
year, the Department shall report to the Governor and the
General Assembly on the utilization and status of the
revolving loan program. The report shall, at a minimum,
include the amount transferred from the Road Fund to the
Working Capital Revolving Loan Fund, the number and size of
approved loans, the amounts disbursed to and from the escrow
account, the amounts, if any, repaid to the Working Capital
Revolving Loan Fund, the interest and fees paid by loan
recipients, and the interest earned on balances in the Working
Capital Revolving Loan Fund, and the names of any contractors
who are delinquent or in default of payment. The January 1,
2017 report shall include an evaluation of the program by the
Department to determine the program's viability and progress
towards its stated purpose.
(o) The Department's authority to execute additional loans
or request transfers to the Working Capital Revolving Loan
Fund expires on June 1, 2018. The Comptroller shall order
transferred and the Treasurer shall transfer any available
balance remaining in the Working Capital Revolving Loan Fund
to the Road Fund on January 1, 2019, or as soon thereafter as
may be practical. Any loan repayments, interest, or fees that
are by the terms of a loan agreement payable to the Working
Capital Revolving Loan Fund after June 20, 2018 shall instead
be paid into the Road Fund as the successor fund to the Working
Capital Revolving Loan Fund.
(Source: P.A. 98-117, eff. 7-30-13; revised 7-16-19.)
(20 ILCS 2705/2705-615)
Sec. 2705-615. Supplemental funding; Illinois
Transportation Enhancement Program.
(a) In addition to any other funding that may be provided
to the Illinois Transportation Enhancement Program from
federal, State, or other sources, including, but not limited
to, the Transportation Alternatives Set-Aside of the Surface
Transportation Block Grant Program, the Department shall set
aside $50,000,000 received by the Department from the Road
Fund for the projects in the following categories: pedestrian
and bicycle facilities and the conversion of abandoned
railroad corridors to trails.
(b) Except as provided in subsection (c), funds set aside
under subsection (a) shall be administered according to the
requirements of the current Guidelines Manual published by the
Department for the Illinois Transportation Enhancement
Program, including, but not limited to, decision-making by the
Department and the applicable Metropolitan Planning
Organization and proportional fund distribution according to
population size.
(c) For projects funded under this Section:
(1) local matching funding shall be required according
to a sliding scale based on community size, median income,
and total property tax base;
(2) Phase I Studies and Phase I Engineering Reports
are not required to be completed before application is
made; and
(3) at least 25% of funding shall be directed towards
projects in high-need communities, based on community
median income and total property tax base.
(d) The Department shall adopt rules necessary to
implement this Section.
(e) The Department shall adhere to a 2-year funding cycle
for the Illinois Transportation Enhancement Program with calls
for projects at least every other year.
(f) The Department shall make all funded and unfunded the
Illinois Transportation Enhancement Program applications
publicly available upon completion of each funding cycle,
including how each application scored on the program criteria.
(Source: P.A. 101-32, eff. 6-28-19; revised 7-24-19.)
Section 155. The State Fire Marshal Act is amended by
changing Section 3 as follows:
(20 ILCS 2905/3) (from Ch. 127 1/2, par. 3)
Sec. 3. There is created the Illinois Fire Advisory
Commission which shall advise the Office in the exercise of
its powers and duties. The Commission shall be appointed by
the Governor as follows:
(1) 3 professional, full-time fulltime paid
firefighters;
(2) one volunteer firefighter;
(3) one Fire Protection Engineer who is registered in
Illinois;
(4) one person who is a representative of the fire
insurance Fire Insurance industry in Illinois;
(5) one person who is a representative of a registered
United States Department of Labor apprenticeship program
primarily instructing in the installation and repair of
fire extinguishing systems;
(6) one a licensed operating or stationary engineer
who has an associate degree in facilities engineering
technology and has knowledge of the operation and
maintenance maintennce of fire alarm and fire
extinguishing systems primarily for the life safety of
occupants in a variety of commercial or residential
structures; and
(7) 3 persons with an interest in and knowledgeable
about fire prevention methods.
In addition, the following shall serve as ex officio
members of the Commission: the Chicago Fire Commissioner, or
his or her designee; the executive officer, or his or her
designee, of each of the following organizations: the Illinois
Fire Chiefs Association, the Illinois Fire Protection District
Association, the Illinois Fire Inspectors Association, the
Illinois Professional Firefighters Association, the Illinois
Firemen's Association, the Associated Firefighters of
Illinois, the Illinois Society of Fire Service Instructors,
and the Fire Service Institute, University of Illinois.
The Governor shall designate, at the time of appointment,
3 members to serve terms expiring on the third Monday in
January, 1979; 3 members to serve terms expiring the third
Monday in January, 1980; and 2 members to serve terms expiring
the third Monday in January, 1981. The additional member
appointed by the Governor pursuant to Public Act 85-718 this
amendatory Act of 1987 shall serve for a term expiring the
third Monday in January, 1990. Thereafter, all terms shall be
for 3 years. A member shall serve until his or her successor is
appointed and qualified. A vacancy shall be filled for the
unexpired term.
The Governor shall designate one of the appointed members
to be chairman of the Commission.
Members shall serve without compensation but shall be
reimbursed for their actual reasonable expenses incurred in
the performance of their duties.
(Source: P.A. 101-234, eff. 8-9-19; revised 9-12-19.)
Section 160. The Capital Development Board Act is amended
by changing Sections 10.09-1 and 12 as follows:
(20 ILCS 3105/10.09-1)
Sec. 10.09-1. Certification of inspection.
(a) After July 1, 2011, no person may occupy a newly
constructed commercial building in a non-building code
jurisdiction until:
(1) The property owner or his or her agent has first
contracted for the inspection of the building by an
inspector who meets the qualifications established by the
Board; and
(2) The qualified inspector files a certification of
inspection with the municipality or county having such
jurisdiction over the property indicating that the
building meets compliance with the building codes adopted
by the Board for non-building code jurisdictions based on
the following:
(A) The current edition or most recent preceding
editions of the following codes developed by the
International Code Council:
(i) International Building Code;
(ii) International Existing Building Code; and
(B) The current edition or most recent preceding
edition of the National Electrical Code NFPA 70.
(b) This Section does not apply to any area in a
municipality or county having jurisdiction that has registered
its adopted building code with the Board as required by
Section 55 of the Illinois Building Commission Act.
(c) The qualification requirements of this Section do not
apply to building enforcement personnel employed by
jurisdictions as defined in subsection (b).
(d) For purposes of this Section:
"Commercial building" means any building other than a
single-family home or a dwelling containing 2 or fewer
apartments, condominiums, or townhomes or a farm building as
exempted from Section 3 of the Illinois Architecture Practice
Act of 1989.
"Newly constructed commercial building" means any
commercial building for which original construction has
commenced on or after July 1, 2011.
"Non-building code jurisdiction" means any area of the
State not subject to a building code imposed by either a county
or municipality.
"Qualified inspector" means an individual qualified by the
State of Illinois, certified by a nationally recognized
building official certification organization, qualified by an
apprentice program certified by the Bureau of Apprentice
Training, or who has filed verification of inspection
experience according to rules adopted by the Board for the
purposes of conducting inspections in non-building code
jurisdictions.
(e) New residential construction is exempt from this
Section and is defined as any original construction of a
single-family home or a dwelling containing 2 or fewer
apartments, condominiums, or townhomes in accordance with the
Illinois Residential Building Code Act.
(f) Local governments may establish agreements with other
governmental entities within the State to issue permits and
enforce building codes and may hire third-party providers that
are qualified in accordance with this Section to provide
inspection services.
(g) This Section does not regulate any other statutorily
authorized code or regulation administered by State agencies.
These include without limitation the Illinois Plumbing Code,
the Illinois Environmental Barriers Act, the International
Energy Conservation Code, and administrative rules adopted by
the Office of the State Fire Marshal.
(h) This Section applies beginning July 1, 2011.
(Source: P.A. 101-369, eff. 12-15-19; revised 11-26-19.)
(20 ILCS 3105/12) (from Ch. 127, par. 782)
Sec. 12. Nothing in this Act shall be construed to include
the power to abrogate those powers vested in the boards of the
local public community college districts and the Illinois
Community College Board by the Public Community College Act,
the Board of Trustees of the University of Illinois, The Board
of Trustees of Southern Illinois University, the Board of
Trustees of Chicago State University, the Board of Trustees of
Eastern Illinois University, the Board of Trustees of
Governors State University, the Board of Trustees of Illinois
State University, the Board of Trustees of Northeastern
Illinois University, the Board of Trustees of Northern
Illinois University, and the Board of Trustees of Western
Illinois University, hereinafter referred to as Governing
Boards. In the exercise of the powers conferred by law upon the
Board and in the exercise of the powers vested in such
Governing Boards, it is hereby provided that (i) the Board and
any such Governing Board may contract with each other and
other parties as to the design and construction of any project
to be constructed for or upon the property of such Governing
Board or any institution under its jurisdiction; (ii) in
connection with any such project, compliance with the
provisions of the Illinois Procurement Code by either the
Board or such Governing Board shall be deemed to be compliance
by the other; (iii) funds appropriated to any such Governing
Board may be expended for any project constructed by the Board
for such Governing Board; (iv) in connection with any such
project, the architects and engineers retained for the project
and the plans and specifications for the project must be
approved by both the Governing Board and the Board before
undertaking either design or construction of the project, as
the case may be.
(Source: P.A. 101-369, eff. 12-15-19; revised 11-26-19.)
Section 165. The General Assembly Compensation Act is
amended by changing Section 1 as follows:
(25 ILCS 115/1) (from Ch. 63, par. 14)
Sec. 1. Each member of the General Assembly shall receive
an annual salary of $28,000 or as set by the Compensation
Review Board, whichever is greater. The following named
officers, committee chairmen and committee minority spokesmen
shall receive additional amounts per year for their services
as such officers, committee chairmen and committee minority
spokesmen respectively, as set by the Compensation Review
Board or, as follows, whichever is greater: Beginning the
second Wednesday in January 1989, the Speaker and the minority
leader of the House of Representatives and the President and
the minority leader of the Senate, $16,000 each; the majority
leader in the House of Representatives $13,500; 5 assistant
majority leaders and 5 assistant minority leaders in the
Senate, $12,000 each; 6 assistant majority leaders and 6
assistant minority leaders in the House of Representatives,
$10,500 each; 2 Deputy Majority leaders in the House of
Representatives $11,500 each; and 2 Deputy Minority leaders in
the House of Representatives, $11,500 each; the majority
caucus chairman and minority caucus chairman in the Senate,
$12,000 each; and beginning the second Wednesday in January,
1989, the majority conference chairman and the minority
conference chairman in the House of Representatives, $10,500
each; beginning the second Wednesday in January, 1989, the
chairman and minority spokesman of each standing committee of
the Senate, except the Rules Committee, the Committee on
Committees, and the Committee on Assignment of Bills, $6,000
each; and beginning the second Wednesday in January, 1989, the
chairman and minority spokesman of each standing and select
committee of the House of Representatives, $6,000 each; and
beginning fiscal year 2020, the majority leader in the Senate,
an amount equal to the majority leader in the House. A member
who serves in more than one position as an officer, committee
chairman, or committee minority spokesman shall receive only
one additional amount based on the position paying the highest
additional amount. The compensation provided for in this
Section to be paid per year to members of the General Assembly,
including the additional sums payable per year to officers of
the General Assembly shall be paid in 12 equal monthly
installments. The first such installment is payable on January
31, 1977. All subsequent equal monthly installments are
payable on the last working day of the month. A member who has
held office any part of a month is entitled to compensation for
an entire month.
Mileage shall be paid at the rate of 20 cents per mile
before January 9, 1985, and at the mileage allowance rate in
effect under regulations promulgated pursuant to 5 U.S.C.
5707(b)(2) beginning January 9, 1985, for the number of actual
highway miles necessarily and conveniently traveled by the
most feasible route to be present upon convening of the
sessions of the General Assembly by such member in each and
every trip during each session in going to and returning from
the seat of government, to be computed by the Comptroller. A
member traveling by public transportation for such purposes,
however, shall be paid his actual cost of that transportation
instead of on the mileage rate if his cost of public
transportation exceeds the amount to which he would be
entitled on a mileage basis. No member may be paid, whether on
a mileage basis or for actual costs of public transportation,
for more than one such trip for each week the General Assembly
is actually in session. Each member shall also receive an
allowance of $36 per day for lodging and meals while in
attendance at sessions of the General Assembly before January
9, 1985; beginning January 9, 1985, such food and lodging
allowance shall be equal to the amount per day permitted to be
deducted for such expenses under the Internal Revenue Code;
however, beginning May 31, 1995, no allowance for food and
lodging while in attendance at sessions is authorized for
periods of time after the last day in May of each calendar
year, except (i) if the General Assembly is convened in
special session by either the Governor or the presiding
officers of both houses, as provided by subsection (b) of
Section 5 of Article IV of the Illinois Constitution or (ii) if
the General Assembly is convened to consider bills vetoed,
item vetoed, reduced, or returned with specific
recommendations for change by the Governor as provided in
Section 9 of Article IV of the Illinois Constitution. For
fiscal year 2011 and for session days in fiscal years 2012,
2013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the
allowance for lodging and meals is $111 per day and (ii)
mileage for automobile travel shall be reimbursed at a rate of
$0.39 per mile.
Notwithstanding any other provision of law to the
contrary, beginning in fiscal year 2012, travel reimbursement
for General Assembly members on non-session days shall be
calculated using the guidelines set forth by the Legislative
Travel Control Board, except that fiscal year 2012, 2013,
2014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement
is set at a rate of $0.39 per mile.
If a member dies having received only a portion of the
amount payable as compensation, the unpaid balance shall be
paid to the surviving spouse of such member, or, if there be
none, to the estate of such member.
(Source: P.A. 100-25, eff. 7-26-17; 100-587, eff. 6-4-18;
101-10, eff. 6-5-19; revised 7-17-19.)
Section 170. The Legislative Commission Reorganization Act
of 1984 is amended by changing the headings of Articles 3A and
8A as follows:
(25 ILCS 130/Art. 3A heading)
ARTICLE 3A .
(Source: P.A. 89-113; revised 8-18-20.)
(25 ILCS 130/Art. 8A heading)
ARTICLE 8A .
(Source: P.A. 93-632, eff. 2-1-04; revised 8-18-20.)
Section 175. The State Finance Act is amended by setting
forth, renumbering, and changing Sections 5.891, 5.893, 5.894,
5.895, 5.896, and 6z-107, by setting forth and renumbering
Sections 5.892 and 5.897, and by changing Sections 8.25g, 8g,
9.02, and 10 as follows:
(30 ILCS 105/5.891)
Sec. 5.891. The Governor's Administrative Fund.
(Source: P.A. 101-10, Article 5, Section 5-35, eff. 6-5-19.)
(30 ILCS 105/5.892)
Sec. 5.892. The Firearm Dealer License Certification Fund.
(Source: P.A. 100-1178, eff. 1-18-19; 101-81, eff. 7-12-19.)
(30 ILCS 105/5.893)
Sec. 5.893. The Local Government Aviation Trust Fund.
(Source: P.A. 101-10, eff. 6-5-19.)
(30 ILCS 105/5.894)
Sec. 5.894. The Aviation Fuel Sales Tax Refund Fund.
(Source: P.A. 101-10, eff. 6-5-19.)
(30 ILCS 105/5.895)
Sec. 5.895. The Sound-Reducing Windows and Doors
Replacement Fund.
(Source: P.A. 101-10, eff. 6-5-19.)
(30 ILCS 105/5.896)
Sec. 5.896. The Rebuild Illinois Projects Fund.
(Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
(30 ILCS 105/5.897)
Sec. 5.897. The Civic and Transit Infrastructure Fund.
(Source: P.A. 101-10, eff. 6-5-19.)
(30 ILCS 105/5.898)
Sec. 5.898 5.891. The State Aviation Program Fund.
(Source: P.A. 101-10, Article 15, Section 15-5, eff. 6-5-19;
revised 10-2-19.)
(30 ILCS 105/5.899)
Sec. 5.899 5.891. The Cannabis Regulation Fund.
(Source: P.A. 101-27, eff. 6-25-19; revised 10-2-19.)
(30 ILCS 105/5.900)
Sec. 5.900 5.891. The Multi-modal Transportation Bond
Fund.
(Source: P.A. 101-30, eff. 6-28-19; revised 10-2-19.)
(30 ILCS 105/5.901)
Sec. 5.901 5.891. The Transportation Renewal Fund.
(Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19;
revised 10-2-19.)
(30 ILCS 105/5.902)
Sec. 5.902 5.891. The Illinois Property Tax Relief Fund.
(Source: P.A. 101-77, eff. 7-12-19; revised 10-2-19.)
(30 ILCS 105/5.903)
Sec. 5.903 5.891. The Attorney General Whistleblower
Reward and Protection Fund.
(Source: P.A. 101-148, eff. 7-26-19; revised 10-2-19.)
(30 ILCS 105/5.904)
Sec. 5.904 5.891. The Coal Combustion Residual Surface
Impoundment Financial Assurance Fund.
(Source: P.A. 101-171, eff. 7-30-19; revised 10-2-19.)
(30 ILCS 105/5.905)
Sec. 5.905 5.891. The Scott's Law Fund.
(Source: P.A. 101-173, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.906)
Sec. 5.906 5.891. The DUI Prevention and Education Fund.
(Source: P.A. 101-196, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.907)
Sec. 5.907 5.891. The Post-Traumatic Stress Disorder
Awareness Fund.
(Source: P.A. 101-248, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.908)
Sec. 5.908 5.891. The Guide Dogs of America Fund.
(Source: P.A. 101-256, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.909)
Sec. 5.909 5.891. The Theresa Tracy Trot-Illinois
CancerCare Foundation Fund.
(Source: P.A. 101-276, eff. 8-9-19; revised 10-2-19.)
(30 ILCS 105/5.910)
Sec. 5.910 5.891. The Developmental Disabilities Awareness
Fund.
(Source: P.A. 101-282, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.911)
Sec. 5.911 5.891. The Pediatric Cancer Awareness Fund.
(Source: P.A. 101-372, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.912)
Sec. 5.912 5.891. The Training in the Building Trades
Fund.
(Source: P.A. 101-469, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.913)
Sec. 5.913 5.891. The School STEAM Grant Program Fund.
(Source: P.A. 101-561, eff. 8-23-19; revised 10-2-19.)
(30 ILCS 105/5.914)
Sec. 5.914 5.891. The Water Workforce Development Fund.
(Source: P.A. 101-576, eff. 1-1-20; revised 10-2-19.)
(30 ILCS 105/5.915)
Sec. 5.915 5.892. The Cannabis Business Development Fund.
(Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
(30 ILCS 105/5.916)
Sec. 5.916 5.893. The Local Cannabis Consumer Excise Tax
Trust Fund.
(Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
(30 ILCS 105/5.917)
Sec. 5.917 5.893. The Transportation Renewal Fund.
(Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
(30 ILCS 105/5.918)
Sec. 5.918 5.893. The Regional Transportation Authority
Capital Improvement Fund.
(Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19;
revised 10-17-19.)
(30 ILCS 105/5.920)
Sec. 5.920 5.893. The State Police Whistleblower Reward
and Protection Fund.
(Source: P.A. 101-148, eff. 7-26-19; revised 10-17-19.)
(30 ILCS 105/5.921)
Sec. 5.921 5.893. The Mechanics Training Fund.
(Source: P.A. 101-256, eff. 1-1-20; revised 10-17-19.)
(30 ILCS 105/5.922)
Sec. 5.922 5.894. The Cannabis Expungement Fund.
(Source: P.A. 101-27, eff. 6-25-19; revised 10-17-19.)
(30 ILCS 105/5.923)
Sec. 5.923 5.894. The Regional Transportation Authority
Capital Improvement Fund.
(Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
(30 ILCS 105/5.924)
Sec. 5.924 5.894. The Downstate Mass Transportation
Capital Improvement Fund.
(Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19.)
(30 ILCS 105/5.925)
Sec. 5.925 5.895. The Downstate Mass Transportation
Capital Improvement Fund.
(Source: P.A. 101-30, eff. 6-28-19; revised 10-17-19.)
(30 ILCS 105/5.926)
Sec. 5.926 5.895. The Illinois Works Fund.
(Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
(30 ILCS 105/5.927)
Sec. 5.927 5.896. The Sports Wagering Fund.
(Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
(30 ILCS 105/5.928)
Sec. 5.928 5.897. The State Fairgrounds Capital
Improvements and Harness Racing Fund.
(Source: P.A. 101-31, eff. 6-28-19; revised 10-17-19.)
(30 ILCS 105/6z-107)
Sec. 6z-107. Governor's Administrative Fund. The
Governor's Administrative Fund is established as a special
fund in the State Treasury. The Fund may accept moneys from any
public source in the form of grants, deposits, and transfers,
and shall be used for purposes designated by the source of the
moneys and, if no specific purposes are designated, then for
the general administrative and operational costs of the
Governor's Office.
(Source: P.A. 101-10, eff. 6-5-19.)
(30 ILCS 105/6z-112)
Sec. 6z-112 6z-107. The Cannabis Regulation Fund.
(a) There is created the Cannabis Regulation Fund in the
State treasury, subject to appropriations unless otherwise
provided in this Section. All moneys collected under the
Cannabis Regulation and Tax Act shall be deposited into the
Cannabis Regulation Fund, consisting of taxes, license fees,
other fees, and any other amounts required to be deposited or
transferred into the Fund.
(b) Whenever the Department of Revenue determines that a
refund should be made under the Cannabis Regulation and Tax
Act to a claimant, the Department of Revenue shall submit a
voucher for payment to the State Comptroller, who shall cause
the order to be drawn for the amount specified and to the
person named in the notification from the Department of
Revenue. This subsection (b) shall constitute an irrevocable
and continuing appropriation of all amounts necessary for the
payment of refunds out of the Fund as authorized under this
subsection (b).
(c) On or before the 25th day of each calendar month, the
Department of Revenue shall prepare and certify to the State
Comptroller the transfer and allocations of stated sums of
money from the Cannabis Regulation Fund to other named funds
in the State treasury. The amount subject to transfer shall be
the amount of the taxes, license fees, other fees, and any
other amounts paid into the Fund during the second preceding
calendar month, minus the refunds made under subsection (b)
during the second preceding calendar month by the Department.
The transfers shall be certified as follows:
(1) The Department of Revenue shall first determine
the allocations which shall remain in the Cannabis
Regulation Fund, subject to appropriations, to pay for the
direct and indirect costs associated with the
implementation, administration, and enforcement of the
Cannabis Regulation and Tax Act by the Department of
Revenue, the Department of State Police, the Department of
Financial and Professional Regulation, the Department of
Agriculture, the Department of Public Health, the
Department of Commerce and Economic Opportunity, and the
Illinois Criminal Justice Information Authority.
(2) After the allocations have been made as provided
in paragraph (1) of this subsection (c), of the remainder
of the amount subject to transfer for the month as
determined in this subsection (c), the Department shall
certify the transfer into the Cannabis Expungement Fund
1/12 of the fiscal year amount appropriated from the
Cannabis Expungement Fund for payment of costs incurred by
State courts, the Attorney General, State's Attorneys,
civil legal aid, as defined by Section 15 of the Public
Interest Attorney Assistance Act, and the Department of
State Police to facilitate petitions for expungement of
Minor Cannabis Offenses pursuant to Public Act 101-27 this
amendatory Act of the 101st General Assembly, as adjusted
by any supplemental appropriation, plus cumulative
deficiencies in such transfers for prior months.
(3) After the allocations have been made as provided
in paragraphs (1) and (2) of this subsection (c), the
Department of Revenue shall certify to the State
Comptroller and the State Treasurer shall transfer the
amounts that the Department of Revenue determines shall be
transferred into the following named funds according to
the following:
(A) 2% shall be transferred to the Drug Treatment
Fund to be used by the Department of Human Services
for: (i) developing and administering a scientifically
and medically accurate public education campaign
educating youth and adults about the health and safety
risks of alcohol, tobacco, illegal drug use (including
prescription drugs), and cannabis, including use by
pregnant women; and (ii) data collection and analysis
of the public health impacts of legalizing the
recreational use of cannabis. Expenditures for these
purposes shall be subject to appropriations.
(B) 8% shall be transferred to the Local
Government Distributive Fund and allocated as provided
in Section 2 of the State Revenue Sharing Act. The
moneys shall be used to fund crime prevention
programs, training, and interdiction efforts,
including detection, enforcement, and prevention
efforts, relating to the illegal cannabis market and
driving under the influence of cannabis.
(C) 25% shall be transferred to the Criminal
Justice Information Projects Fund to be used for the
purposes of the Restore, Reinvest, and Renew Program
to address economic development, violence prevention
services, re-entry services, youth development, and
civil legal aid, as defined by Section 15 of the Public
Interest Attorney Assistance Act. The Restore,
Reinvest, and Renew Program shall address these issues
through targeted investments and intervention programs
and promotion of an employment infrastructure and
capacity building related to the social determinants
of health in impacted community areas. Expenditures
for these purposes shall be subject to appropriations.
(D) 20% shall be transferred to the Department of
Human Services Community Services Fund, to be used to
address substance abuse and prevention and mental
health concerns, including treatment, education, and
prevention to address the negative impacts of
substance abuse and mental health issues, including
concentrated poverty, violence, and the historical
overuse of criminal justice responses in certain
communities, on the individual, family, and community,
including federal, State, and local governments,
health care institutions and providers, and
correctional facilities. Expenditures for these
purposes shall be subject to appropriations.
(E) 10% shall be transferred to the Budget
Stabilization Fund.
(F) 35%, or any remaining balance, shall be
transferred to the General Revenue Fund.
As soon as may be practical, but no later than 10 days
after receipt, by the State Comptroller of the transfer
certification provided for in this subsection (c) to be given
to the State Comptroller by the Department of Revenue, the
State Comptroller shall direct and the State Treasurer shall
transfer the respective amounts in accordance with the
directions contained in such certification.
(d) On July 1, 2019 the Department of Revenue shall
certify to the State Comptroller and the State Treasurer shall
transfer $5,000,000 from the Compassionate Use of Medical
Cannabis Fund to the Cannabis Regulation Fund.
(e) Notwithstanding any other law to the contrary and
except as otherwise provided in this Section, this Fund is not
subject to sweeps, administrative charge-backs, or any other
fiscal or budgetary maneuver that would in any way transfer
any amounts from this Fund into any other fund of the State.
(f) The Cannabis Regulation Fund shall retain a balance of
$1,000,000 for the purposes of administrative costs.
(g) In Fiscal Year 2024 the allocations in subsection (c)
of this Section shall be reviewed and adjusted if the General
Assembly finds there is a greater need for funding for a
specific purpose in the State as it relates to Public Act
101-27 this amendatory Act of the 101st General Assembly.
(Source: P.A. 101-27, eff. 6-25-19; revised 9-23-19.)
(30 ILCS 105/6z-113)
Sec. 6z-113 6z-107. Illinois Property Tax Relief Fund;
creation.
(a) Beginning in State fiscal year 2021, the Illinois
Property Tax Relief Fund is hereby created as a special fund in
the State treasury. Moneys in the Fund shall be used by the
State Comptroller to pay rebates to residential property
taxpayers in the State as provided in this Section. The Fund
may accept moneys from any lawful source.
(b) Beginning in State fiscal year 2021, within 30 days
after the last day of the application period for general
homestead exemptions in the county, each chief county
assessment officer shall certify to the State Comptroller the
total number of general homestead exemptions granted for
homestead property in that county for the applicable property
tax year. As soon as possible after receiving certifications
from each county under this subsection, the State Comptroller
shall calculate a property tax rebate amount for the
applicable property tax year by dividing the total amount
appropriated from the Illinois Property Tax Relief Fund for
the purpose of making rebates under this Section by the total
number of homestead exemptions granted for homestead property
in the State. The county treasurer shall reduce each property
tax bill for homestead property by the property tax rebate
amount and shall include a separate line item on each property
tax bill stating the property tax rebate amount from the
Illinois Property Tax Relief Fund. Within 60 days after
calculating the property tax rebate amount, the State
Comptroller shall make distributions from the Illinois
Property Tax Relief Fund to each county. The amount allocated
to each county shall be the property tax rebate amount
multiplied by the number of general homestead exemptions
granted in the county for the applicable property tax year.
The county treasurer shall distribute each taxing district's
share of property tax collections and distributions from the
Illinois Property Tax Relief Fund to those taxing districts as
provided by law.
(c) As used in this Section:
"Applicable property tax year" means the tax year for
which a rebate was applied to property tax bills under this
Section.
"General homestead exemption" means a general homestead
exemption that was granted for the property under Section
15-175 of the Property Tax Code.
"Homestead property" means property that meets both of the
following criteria: (1) a general homestead exemption was
granted for the property; and (2) the property tax liability
for the property is current as of the date of the
certification.
(Source: P.A. 101-77, eff. 7-12-19; revised 9-23-19.)
(30 ILCS 105/8.25g)
Sec. 8.25g. The Civic and Transit Infrastructure Fund. The
Civic and Transit Infrastructure Fund is created as a special
fund in the State Treasury. Money in the Civic and Transit
Infrastructure Fund shall, when the State of Illinois incurs
infrastructure indebtedness pursuant to the public-private
public private partnership entered into by the public agency
on behalf of the State of Illinois with private entity
pursuant to the Public-Private Partnership for Civic and
Transit Infrastructure Project Act enacted in this amendatory
Act of the 101th General Assembly, be used for the purpose of
paying and discharging monthly the principal and interest on
that infrastructure indebtedness then due and payable
consistent with the term established in the public-private
public private agreement entered into by the public agency on
behalf of the State of Illinois. The public agency shall,
pursuant to its authority under the Public-Private Partnership
for Civic and Transit Infrastructure Project Act, annually
certify to the State Comptroller and the State Treasurer the
amount necessary and required, during the fiscal year with
respect to which the certification is made, to pay the amounts
due under the Public-Private Partnership for Civic and Transit
Infrastructure Project Act. On or before the last day of each
month, the State Comptroller and State Treasurer shall
transfer the moneys required to be deposited into the Fund
under Section 3 of the Retailers' Occupation Tax Act and the
Public-Private Partnership for Civic and Transit
Infrastructure Project Act and shall pay from that Fund the
required amount certified by the public agency, plus any
cumulative deficiency in such transfers and payments for prior
months, to the public agency for distribution pursuant to the
Public-Private Partnership for Civic and Transit
Infrastructure Project Act. Such transferred amount shall be
sufficient to pay all amounts due under the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
Provided that all amounts deposited in the Fund have been paid
accordingly under the Public-Private Partnership for Civic and
Transit Infrastructure Project Act, all amounts remaining in
the Civic and Transit Infrastructure Fund shall be held in
that Fund for other subsequent payments required under the
Public-Private Partnership for Civic and Transit
Infrastructure Project Act. In the event the State fails to
pay the amount necessary and required under the Public-Private
Partnership for Civic and Transit Infrastructure Project Act
for any reason during the fiscal year with respect to which the
certification is made or if the State takes any steps that
result in an impact to the irrevocable, first priority pledge
of and lien on moneys on deposit in the Civic and Transit
Infrastructure Fund, the public agency shall certify such
delinquent amounts to the State Comptroller and the State
Treasurer and the State Comptroller and the State Treasurer
shall take all steps required to intercept the tax revenues
collected from within the boundary of the civic transit
infrastructure project pursuant to Section 3 of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, Section 4.03 of the Regional Transportation Authority
Act, and Section 6 of the Hotel Operators' Occupation Tax Act,
and shall pay such amounts to the Fund for distribution by the
public agency for the time period time-period required to
ensure that the State's distribution requirements under the
Public-Private Partnership for Civic and Transit
Infrastructure Project Act are fully met.
As used in the Section, "private entity", "public-private
private public agreement", and "public agency" have meanings
provided in Section 25-10 of the Public-Private Partnership
for Civic and Transit Infrastructure Project Act.
(Source: P.A. 101-10, eff. 6-5-19; revised 7-22-19.)
(30 ILCS 105/8g)
Sec. 8g. Fund transfers.
(a) (Blank).
(b) (Blank).
(c) In addition to any other transfers that may be
provided for by law, on August 30 of each fiscal year's license
period, the Illinois Liquor Control Commission shall direct
and the State Comptroller and State Treasurer shall transfer
from the General Revenue Fund to the Youth Alcoholism and
Substance Abuse Prevention Fund an amount equal to the number
of retail liquor licenses issued for that fiscal year
multiplied by $50.
(d) The payments to programs required under subsection (d)
of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
be made, pursuant to appropriation, from the special funds
referred to in the statutes cited in that subsection, rather
than directly from the General Revenue Fund.
Beginning January 1, 2000, on the first day of each month,
or as soon as may be practical thereafter, the State
Comptroller shall direct and the State Treasurer shall
transfer from the General Revenue Fund to each of the special
funds from which payments are to be made under subsection (d)
of Section 28.1 of the Illinois Horse Racing Act of 1975 an
amount equal to 1/12 of the annual amount required for those
payments from that special fund, which annual amount shall not
exceed the annual amount for those payments from that special
fund for the calendar year 1998. The special funds to which
transfers shall be made under this subsection (d) include, but
are not necessarily limited to, the Agricultural Premium Fund;
the Metropolitan Exposition, Auditorium and Office Building
Fund; the Fair and Exposition Fund; the Illinois Standardbred
Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
the Illinois Veterans' Rehabilitation Fund. Except for
transfers attributable to prior fiscal years, during State
fiscal year 2020 only, no transfers shall be made from the
General Revenue Fund to the Agricultural Premium Fund, the
Fair and Exposition Fund, the Illinois Standardbred Breeders
Fund, or the Illinois Thoroughbred Breeders Fund.
(e) (Blank).
(f) (Blank).
(f-1) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(i-1) (Blank).
(j) (Blank).
......
(k) (Blank).
(k-1) (Blank).
(k-2) (Blank).
(k-3) (Blank).
(l) (Blank).
(m) (Blank).
(n) (Blank).
(o) (Blank).
(p) (Blank).
(q) (Blank).
(r) (Blank).
(s) (Blank).
(t) (Blank).
(u) (Blank).
(v) (Blank).
(w) (Blank).
(x) (Blank).
(y) (Blank).
(z) (Blank).
(aa) (Blank).
(bb) (Blank).
(cc) (Blank).
(dd) (Blank).
(ee) (Blank).
(ff) (Blank).
(gg) (Blank).
(hh) (Blank).
(ii) (Blank).
(jj) (Blank).
(kk) (Blank).
(ll) (Blank).
(mm) (Blank).
(nn) (Blank).
(oo) (Blank).
(pp) (Blank).
(qq) (Blank).
(rr) (Blank).
(ss) (Blank).
(tt) (Blank).
(uu) (Blank).
(vv) (Blank).
(ww) (Blank).
(xx) (Blank).
(yy) (Blank).
(zz) (Blank).
(aaa) (Blank).
(bbb) (Blank).
(ccc) (Blank).
(ddd) (Blank).
(eee) (Blank).
(fff) (Blank).
(ggg) (Blank).
(hhh) (Blank).
(iii) (Blank).
(jjj) (Blank).
(lll) (Blank).
(mmm) (Blank).
(nnn) (Blank).
(ooo) (Blank).
(ppp) (Blank).
(qqq) (Blank).
(rrr) (Blank).
(sss) (Blank).
(ttt) (Blank).
(uuu) (Blank).
(vvv) (Blank).
(www) (Blank).
(xxx) (Blank).
(yyy) (Blank).
(zzz) (Blank).
(aaaa) (Blank).
(bbbb) (Blank).
(cccc) (Blank).
(dddd) (Blank).
(eeee) (Blank).
(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
100-863, eff. 8-14-18; 101-10, eff. 6-5-19; revised 7-17-19.)
(30 ILCS 105/9.02) (from Ch. 127, par. 145c)
Sec. 9.02. Vouchers; signature; delegation; electronic
submission.
(a)(1) Any new contract or contract renewal in the amount
of $250,000 or more in a fiscal year, or any order against a
master contract in the amount of $250,000 or more in a fiscal
year, or any contract amendment or change to an existing
contract that increases the value of the contract to or by
$250,000 or more in a fiscal year, shall be signed or approved
in writing by the chief executive officer of the agency or his
or her designee, and shall also be signed or approved in
writing by the agency's chief legal counsel or his or her
designee and chief fiscal officer or his or her designee. If
the agency does not have a chief legal counsel or a chief
fiscal officer, the chief executive officer of the agency
shall designate in writing a senior executive as the
individual responsible for signature or approval.
(2) No document identified in paragraph (1) may be filed
with the Comptroller, nor may any authorization for payment
pursuant to such documents be filed with the Comptroller, if
the required signatures or approvals are lacking.
(3) Any person who, with knowledge the signatures or
approvals required in paragraph (1) are lacking, either files
or directs another to file documents or payment authorizations
in violation of paragraph (2) shall be subject to discipline
up to and including discharge.
(4) Procurements shall not be artificially divided so as
to avoid the necessity of complying with paragraph (1).
(5) Each State agency shall develop and implement
procedures to ensure the necessary signatures or approvals are
obtained. Each State agency may establish, maintain and follow
procedures that are more restrictive than those required
herein.
(6) This subsection (a) applies to all State agencies as
defined in Section 1-7 of the Illinois State Auditing Act,
which includes without limitation the General Assembly and its
agencies. For purposes of this subsection (a), in the case of
the General Assembly, the "chief executive officer of the
agency" means (i) the Senate Operations Commission for Senate
general operations as provided in Section 4 of the General
Assembly Operations Act, (ii) the Speaker of the House of
Representatives for House general operations as provided in
Section 5 of the General Assembly Operations Act, (iii) the
Speaker of the House for majority leadership staff and
operations, (iv) the Minority Leader of the House for minority
leadership staff and operations, (v) the President of the
Senate for majority leadership staff and operations, (vi) the
Minority Leader of the Senate for minority staff and
operations, and (vii) the Joint Committee on Legislative
Support Services for the legislative support services agencies
as provided in the Legislative Commission Reorganization Act
of 1984. For purposes of this subsection (a), in the case of
agencies, the "chief executive officer of the agency" means
the head of the agency.
(b)(1) Every voucher or corresponding balancing report, as
submitted by the agency or office in which it originates,
shall bear (i) the signature of the officer responsible for
approving and certifying vouchers under this Act and (ii) if
authority to sign the responsible officer's name has been
properly delegated, also the signature of the person actually
signing the voucher.
(2) When an officer delegates authority to approve and
certify vouchers, he shall send a copy of such authorization
containing the signature of the person to whom delegation is
made to each office that checks or approves such vouchers and
to the State Comptroller. Such delegation may be general or
limited. If the delegation is limited, the authorization shall
designate the particular types of vouchers that the person is
authorized to approve and certify.
(3) When any delegation of authority hereunder is revoked,
a copy of the revocation of authority shall be sent to the
Comptroller and to each office to which a copy of the
authorization was sent.
The Comptroller may require State agencies to maintain
signature documents and records of delegations of voucher
signature authority and revocations of those delegations,
instead of transmitting those documents to the Comptroller.
The Comptroller may inspect such documents and records at any
time.
(c) The Comptroller may authorize the submission of
vouchers through electronic transmissions, on magnetic tape,
or otherwise.
(Source: P.A. 101-34, eff. 6-28-19; 101-359, eff. 8-9-19;
revised 9-12-19.)
(30 ILCS 105/10) (from Ch. 127, par. 146)
Sec. 10. When an appropriation has been made by the
General Assembly for the ordinary and contingent expenses of
the operation, maintenance, and administration of the several
offices, departments, institutions, boards, commissions, and
agencies of the State government, the State Comptroller shall
draw his warrant on the State Treasurer for the payment of the
same upon the presentation of itemized vouchers, issued,
certified, and approved for , as follows: For appropriations
to:
(1) Elective State officers in the executive
Department, to be certified and approved by such officers,
respectively;
(2) The Supreme Court, to be certified and approved by
the Chief Justice thereof;
(3) Appellate Court, to be certified and approved by
the Chief Justice of each judicial district;
(4) The State Senate, to be certified and approved by
the President;
(5) The House of Representatives, to be certified and
approved by the Speaker;
(6) The Auditor General, to be certified and approved
by the Auditor General;
(7) Clerks of courts, to be certified and approved by
the clerk incurring expenditures;
(8) The departments under the Civil Administrative
Code, to be certified and approved by the Director or
Secretary of the Department;
(9) The University of Illinois, to be certified by the
president of the University;
(10) The State Universities Retirement System, to be
certified to by the President and Secretary of the Board
of Trustees of the System;
(11) Illinois State University, to be certified to by
the president of that University;
(12) Northern Illinois University, to be certified to
by the president of that University;
(12a) Chicago State University, certified to by the
president of that University;
(12b) Eastern Illinois University, certified to by the
president of that University;
(12c) Governors State University, certified to by the
president of that University;
(12d) Northeastern Illinois University, certified to
by the president of that University;
(12e) Western Illinois University, certified to by the
president of that University;
(13) Southern Illinois University, to be certified to
by the President of the University;
(14) The Adjutant General, to be certified and
approved by the Adjutant General;
(15) The Illinois Legislative Investigating
Commission, to be certified and approved by its Chairman,
or when it is organized with Co-Chairmen, by either of its
Co-Chairmen;
(16) All other officers, boards, commissions, and
agencies of the State government, certified and approved
by such officer or by the president or chairman and
secretary or by the executive officer of such board,
commission, or agency;
(17) Individuals, to be certified by such individuals;
(18) The farmers' institute, agricultural, livestock,
poultry, scientific, benevolent, and other private
associations, or corporations of whatsoever nature, to be
certified and approved by the president and secretary of
such society.
Nothing contained in this Section shall be construed to
amend or modify the "Personnel Code".
This Section is subject to Section 9.02.
(Source: P.A. 98-788, eff. 7-25-14; revised 8-18-20.)
Section 180. The Public Use Trust Act is amended by
changing Section 2 as follows:
(30 ILCS 160/2) (from Ch. 127, par. 4002)
Sec. 2. (a) The Department of Agriculture, the Department
of Natural Resources, and the Abraham Lincoln Presidential
Library and Museum have the power to enter into a trust
agreement with a person or group of persons under which the
State agency may receive or collect money or other property
from the person or group of persons and may expend such money
or property solely for a public purpose within the powers and
duties of that State agency and stated in the trust agreement.
The State agency shall be the trustee under any such trust
agreement.
(b) Money or property received under a trust agreement
shall not be deposited in the State treasury and is not subject
to appropriation by the General Assembly, but shall be held
and invested by the trustee separate and apart from the State
treasury. The trustee shall invest money or property received
under a trust agreement as provided for trustees under the
Illinois Trust Code or as otherwise provided in the trust
agreement.
(c) The trustee shall maintain detailed records of all
receipts and disbursements in the same manner as required for
trustees under the Illinois Trust Code. The trustee shall
provide an annual accounting of all receipts, disbursements,
and inventory to all donors to the trust and the Auditor
General. The annual accounting shall be made available to any
member of the public upon request.
(Source: P.A. 100-695, eff. 8-3-18; 101-48, eff. 1-1-20;
101-636, eff. 6-10-20; revised 7-28-20.)
Section 185. The General Obligation Bond Act is amended by
changing Section 19 as follows:
(30 ILCS 330/19) (from Ch. 127, par. 669)
Sec. 19. Investment of money not needed for current
expenditures; application of earnings Money Not Needed for
Current Expenditures - Application of Earnings.
(a) The State Treasurer may, with the Governor's approval,
invest and reinvest any money from the Capital Development
Fund, the Transportation Bond, Series A Fund, the
Transportation Bond, Series B Fund, the Multi-modal
Transportation Bond Fund, the School Construction Fund, the
Anti-Pollution Fund, the Coal Development Fund and the General
Obligation Bond Retirement and Interest Fund, in the State
Treasury, which is not needed for current expenditures due or
about to become due from these funds.
(b) Monies received from the sale or redemption of
investments from the Transportation Bond, Series A Fund and
the Multi-modal Transportation Bond Fund shall be deposited by
the State Treasurer in the Road Fund.
Monies received from the sale or redemption of investments
from the Capital Development Fund, the Transportation Bond,
Series B Fund, the School Construction Fund, the
Anti-Pollution Fund, and the Coal Development Fund shall be
deposited by the State Treasurer in the General Revenue Fund.
Monies from the sale or redemption of investments from the
General Obligation Bond Retirement and Interest Fund shall be
deposited in the General Obligation Bond Retirement and
Interest Fund.
(c) Monies from the Capital Development Fund, the
Transportation Bond, Series A Fund, the Transportation Bond,
Series B Fund, the Multi-modal Transportation Bond Fund, the
School Construction Fund, the Anti-Pollution Fund, and the
Coal Development Fund may be invested as permitted in the
Deposit of State Moneys Act "AN ACT in relation to State
moneys", approved June 28, 1919, as amended and in the Public
Funds Investment Act "AN ACT relating to certain investments
of public funds by public agencies", approved July 23, 1943,
as amended. Monies from the General Obligation Bond Retirement
and Interest Fund may be invested in securities constituting
direct obligations of the United States Government, or
obligations, the principal of and interest on which are
guaranteed by the United States Government, or certificates of
deposit of any state or national bank or savings and loan
association. For amounts not insured by the Federal Deposit
Insurance Corporation or the Federal Savings and Loan
Insurance Corporation, as security the State Treasurer shall
accept securities constituting direct obligations of the
United States Government, or obligations, the principal of and
interest on which are guaranteed by the United States
Government.
(d) Accrued interest paid to the State at the time of the
delivery of the Bonds shall be deposited into the General
Obligation Bond Retirement and Interest Fund in the State
Treasury.
(Source: P.A. 101-30, eff. 6-28-19; revised 8-13-19.)
Section 190. The Illinois Procurement Code is amended by
changing Sections 1-10 and 45-35 and by setting forth,
renumbering, and changing multiple versions of Section 1-35 as
follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as employee and not as an
independent contractor, whether pursuant to an employment
code or policy or by contract directly with that
individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) Contracts for legal, financial, and other
professional and artistic services entered into on or
before December 31, 2018 by the Illinois Finance Authority
in which the State of Illinois is not obligated. Such
contracts shall be awarded through a competitive process
authorized by the Board of the Illinois Finance Authority
and are subject to Sections 5-30, 20-160, 50-13, 50-20,
50-35, and 50-37 of this Code, as well as the final
approval by the Board of the Illinois Finance Authority of
the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in
paragraph (1) through (9) of this subsection shall be
published in the Procurement Bulletin within 14 calendar
days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the
notice. Each agency shall provide the Chief Procurement
Officer, on a monthly basis, in the form and content
prescribed by the Chief Procurement Officer, a report of
contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to this Code utilized. A copy of any or all of
these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor
and General Assembly no later than November 1 of each year
that includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27)
this amendatory Act of the 101st General Assembly.
Notwithstanding any other provision of law, for contracts
entered into on or after October 1, 2017 under an exemption
provided in any paragraph of this subsection (b), except
paragraph (1), (2), or (5), each State agency shall post to the
appropriate procurement bulletin the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to the Code utilized. The chief procurement officer
shall submit a report to the Governor and General Assembly no
later than November 1 of each year that shall include, at a
minimum, an annual summary of the monthly information reported
to the chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
9-17-19.)
(30 ILCS 500/1-35)
(Section scheduled to be repealed on July 17, 2021)
Sec. 1-35. Application to Quincy Veterans' Home. This
Code does not apply to any procurements related to the
renovation, restoration, rehabilitation, or rebuilding of the
Quincy Veterans' Home under the Quincy Veterans' Home
Rehabilitation and Rebuilding Act, provided that the process
shall be conducted in a manner substantially in accordance
with the requirements of the following Sections of this the
Illinois Procurement Code: 20-160, 25-60, 30-22, 50-5, 50-10,
50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36,
50-37, 50-38, and 50-50; however, for Section 50-35,
compliance shall apply only to contracts or subcontracts over
$100,000.
This Section is repealed 3 years after becoming law.
(Source: P.A. 100-610, eff. 7-17-18; revised 4-25-19.)
(30 ILCS 500/1-40)
Sec. 1-40 1-35. Application to James R. Thompson Center.
In accordance with Section 7.4 of the State Property Control
Act, this Code does not apply to any procurements related to
the sale of the James R. Thompson Center, provided that the
process shall be conducted in a manner substantially in
accordance with the requirements of the following Sections of
this the Illinois Procurement Code: 20-160, 50-5, 50-10,
50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36,
50-37, 50-38, and 50-50. The exemption contained in this
Section does not apply to any leases involving the James R.
Thompson Center, including a leaseback authorized under
Section 7.4 of the State Property Control Act.
(Source: P.A. 100-1184, eff. 4-5-19; revised 4-25-19.)
(30 ILCS 500/45-35)
Sec. 45-35. Not-for-profit agencies for persons with
significant disabilities.
(a) Qualification. Supplies and services may be procured
without advertising or calling for bids from any qualified
not-for-profit agency for persons with significant
disabilities that:
(1) complies with Illinois laws governing private
not-for-profit organizations;
(2) is certified as a work center by the Wage and Hour
Division of the United States Department of Labor or is an
accredited vocational program that provides transition
services to youth between the ages of 14 1/2 and 22 in
accordance with individualized education plans under
Section 14-8.03 of the School Code and that provides
residential services at a child care institution, as
defined under Section 2.06 of the Child Care Act of 1969,
or at a group home, as defined under Section 2.16 of the
Child Care Act of 1969; and
(3) is accredited by a nationally-recognized
accrediting organization or certified as a developmental
training provider by the Department of Human Services.
(b) Participation. To participate, the not-for-profit
agency must have indicated an interest in providing the
supplies and services, must meet the specifications and needs
of the using agency, and must set a fair and reasonable price.
(c) Committee. There is created within the Department of
Central Management Services a committee to facilitate the
purchase of products and services of persons with a
significant physical, developmental, or mental disability or a
combination of any of those disabilities who cannot engage in
normal competitive employment due to the significant
disability or combination of those disabilities. This
committee is called the State Use Committee. The State Use
Committee shall consist of the Director of the Department of
Central Management Services or his or her designee, the
Secretary Director of the Department of Human Services or his
or her designee, one public member representing private
business who is knowledgeable of the employment needs and
concerns of persons with developmental disabilities, one
public member representing private business who is
knowledgeable of the needs and concerns of rehabilitation
facilities, one public member who is knowledgeable of the
employment needs and concerns of persons with developmental
disabilities, one public member who is knowledgeable of the
needs and concerns of rehabilitation facilities, and 2 public
members from a statewide association that represents
community-based rehabilitation facilities, all appointed by
the Governor. The public members shall serve 2 year terms,
commencing upon appointment and every 2 years thereafter. A
public member may be reappointed, and vacancies shall be
filled by appointment for the completion of the term. In the
event there is a vacancy on the State Use Committee, the
Governor must make an appointment to fill that vacancy within
30 calendar days after the notice of vacancy. The members
shall serve without compensation but shall be reimbursed for
expenses at a rate equal to that of State employees on a per
diem basis by the Department of Central Management Services.
All members shall be entitled to vote on issues before the
State Use Committee.
The State Use Committee shall have the following powers
and duties:
(1) To request from any State agency information as to
product specification and service requirements in order to
carry out its purpose.
(2) To meet quarterly or more often as necessary to
carry out its purposes.
(3) To request a quarterly report from each
participating qualified not-for-profit agency for persons
with significant disabilities describing the volume of
sales for each product or service sold under this Section.
(4) To prepare a report for the Governor and General
Assembly no later than December 31 of each year. The
requirement for reporting to the General Assembly shall be
satisfied by following the procedures set forth in Section
3.1 of the General Assembly Organization Act.
(5) To prepare a publication that lists all supplies
and services currently available from any qualified
not-for-profit agency for persons with significant
disabilities. This list and any revisions shall be
distributed to all purchasing agencies.
(6) To encourage diversity in supplies and services
provided by qualified not-for-profit agencies for persons
with significant disabilities and discourage unnecessary
duplication or competition among not-for-profit agencies.
(7) To develop guidelines to be followed by qualifying
agencies for participation under the provisions of this
Section. Guidelines shall include a list of national
accrediting organizations which satisfy the requirements
of item (3) of subsection (a) of this Section. The
guidelines shall be developed within 6 months after the
effective date of this Code and made available on a
nondiscriminatory basis to all qualifying agencies. The
new guidelines required under this item (7) by Public Act
100-203 this amendatory Act of the 100th General Assembly
shall be developed within 6 months after August 18, 2017
(the effective date of Public Act 100-203) this amendatory
Act of the 100th General Assembly and made available on a
non-discriminatory basis to all qualifying not-for-profit
agencies.
(8) To review all pricing submitted under the
provisions of this Section and may approve a proposed
agreement for supplies or services where the price
submitted is fair and reasonable.
(9) To, not less than every 3 years, adopt a strategic
plan for increasing the number of products and services
purchased from qualified not-for-profit agencies for
persons with significant disabilities, including the
feasibility of developing mandatory set-aside contracts.
(c-5) Conditions for Use. Each chief procurement officer
shall, in consultation with the State Use Committee, determine
which articles, materials, services, food stuffs, and supplies
that are produced, manufactured, or provided by persons with
significant disabilities in qualified not-for-profit agencies
shall be given preference by purchasing agencies procuring
those items.
(d) (Blank).
(e) Subcontracts. Subcontracts shall be permitted for
agreements authorized under this Section. For the purposes of
this subsection (e), "subcontract" means any acquisition from
another source of supplies, not including raw materials, or
services required by a qualified not-for-profit agency to
provide the supplies or services that are the subject of the
contract between the State and the qualified not-for-profit
agency.
The State Use Committee shall develop guidelines to be
followed by qualified not-for-profit agencies when seeking and
establishing subcontracts with other persons or not-for-profit
agencies in order to fulfill State contract requirements.
These guidelines shall include the following:
(i) The State Use Committee must approve all
subcontracts and substantive amendments to subcontracts
prior to execution or amendment of the subcontract.
(ii) A qualified not-for-profit agency shall not enter
into a subcontract, or any combination of subcontracts, to
fulfill an entire requirement, contract, or order without
written State Use Committee approval.
(iii) A qualified not-for-profit agency shall make
reasonable efforts to utilize subcontracts with other
not-for-profit agencies for persons with significant
disabilities.
(iv) For any subcontract not currently performed by a
qualified not-for-profit agency, the primary qualified
not-for-profit agency must provide to the State Use
Committee the following: (A) a written explanation as to
why the subcontract is not performed by a qualified
not-for-profit agency, and (B) a written plan to transfer
the subcontract to a qualified not-for-profit agency, as
reasonable.
(Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)
Section 195. The Public-Private Partnership for Civic and
Transit Infrastructure Project Act is amended by changing the
heading of Article 25 and Sections 25-10, 25-20, 25-40, 25-45,
25-50, and 25-55 as follows:
(30 ILCS 558/Art. 25 heading)
Article 25. Public-Private Private-Public Partnership
(Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
(30 ILCS 558/25-10)
Sec. 25-10. Definitions. As used in this Act:
"Civic and Transit Infrastructure Project" or "civic
build" or "Project" means civic infrastructure, whether
publicly or privately owned, located in the City of Chicago,
generally within the boundaries of East 14th Street; extending
east to Lake Shore Drive; south to McCormick Place's North
Building; west to the outer boundary of the McCormick Place
busway and, where it extends farther west, the St. Charles
Airline; northwest to South Indiana Avenue; north to East 15th
Place; east to the McCormick Place busway; and north to East
14th Street, in total comprising approximately 34 acres,
including, without limitation: (1) streets, roadways,
pedestrian ways, commuter linkages and circulator transit
systems, bridges, tunnels, overpasses, bus ways, and guideways
connected to or adjacent to the Project; (2) utilities systems
and related facilities, utility relocations and replacements,
utility-line extensions, network and communication systems,
streetscape improvements, drainage systems, sewer and water
systems, subgrade structures and associated improvements; (3)
landscaping, facade construction and restoration, wayfinding,
and signage; (4) public transportation and transit facilities
and related infrastructure, vehicle parking facilities, and
other facilities that encourage intermodal transportation and
public transit connected to or adjacent to the Project; (5)
railroad infrastructure, stations, maintenance and storage
facilities; (6) parks, plazas, atriums, civic and cultural
facilities, community and recreational facilities, facilities
to promote tourism and hospitality, educational facilities,
conferencing and conventions, broadcast and related multimedia
infrastructure, destination and community retail, dining and
entertainment facilities; and (7) other facilities with the
primary purpose of attracting and fostering economic
development within the area of the Civic and Transit
Infrastructure Project by generating additional tax base, all
as agreed upon in a public-private public private agreement.
"Civic build" includes any improvements or substantial
enhancements or modifications to civic infrastructure located
on or connected or adjacent to the Civic and Transit
Infrastructure Project. "Civic Build" does not include
commercial office, residential, or hotel facilities, or any
retail, dining, and entertainment included within such
facilities as part of a private build, constructed on or
adjacent to the civic build.
"Civic build cost" means all costs of the civic build, as
specified in the public-private agreement, and includes,
without limitation, the cost of the following activities as
part of the Civic and Transit Infrastructure Project: (1)
acquiring or leasing real property, including air rights, and
other assets associated with the Project; (2) demolishing,
repairing, or rehabilitating buildings; (3) remediating land
and buildings as required to prepare the property for
development; (4) installing, constructing, or reconstructing,
elements of civic infrastructure required to support the
overall Project, including, without limitation, streets,
roadways, pedestrian ways and commuter linkages, utilities
systems and related facilities, utility relocations and
replacements, network and communication systems, streetscape
improvements, drainage systems, sewer and water systems,
subgrade structures and associated improvements, landscaping,
facade construction and restoration, wayfinding and signage,
and other components of community infrastructure; (5)
acquiring, constructing or reconstructing, and equipping
transit stations, parking facilities, and other facilities
that encourage intermodal transportation and public transit;
(6) installing, constructing or reconstructing, and equipping
core elements of civic infrastructure to promote and encourage
economic development, including, without limitation, parks,
cultural facilities, community and recreational facilities,
facilities to promote tourism and hospitality, educational
facilities, conferencing and conventions, broadcast and
related multimedia infrastructure, destination and community
retail, dining and entertainment facilities, and other
facilities with the primary purpose of attracting and
fostering economic development within the area by generating a
new tax base; (7) providing related improvements, including,
without limitation, excavation, earth retention, soil
stabilization and correction, site improvements, and future
capital improvements and expenses; (8) planning, engineering,
legal, marketing, development, insurance, finance, and other
related professional services and costs associated with the
civic build; and (9) the commissioning or operational start-up
of any component of the civic build.
"Develop" or "development" means to do one or more of the
following: plan, design, develop, lease, acquire, install,
construct, reconstruct, repair, rehabilitate, replace, or
extend the Civic and Transit Infrastructure Project as
provided under this Act.
"Maintain" or "maintenance" includes ordinary maintenance,
repair, rehabilitation, capital maintenance, maintenance
replacement, and other categories of maintenance that may be
designated by the public-private agreement for the Civic and
Transit Infrastructure Project as provided under this Act.
"Operate" or "operation" means to do one or more of the
following: maintain, improve, equip, modify, or otherwise
operate the Civic and Transit Infrastructure Project as
provided under this Act.
"Private build" means all commercial, industrial or
residential facilities, or property that is not included in
the definition of civic build. The private build may include
commercial office, residential, educational, health and
wellness, or hotel facilities constructed on or adjacent to
the civic build, and retail, dining, and entertainment
facilities that are not included as part of the civic build
under the public-private agreement.
"Private entity" means any private entity associated with
the Civic and Transit Infrastructure Project at the time of
execution and delivery of a public-private agreement, and its
successors or assigns. The private entity may enter into a
public-private agreement with the public agency on behalf of
the State for the development, financing, construction,
operational, or management of the Civic and Transit
Infrastructure Project under this Act.
"Public agency" means the Governor's Office of Management
and Budget.
"Public-private Public private agreement" or "agreement"
means one or more agreements or contracts entered into between
the public agency on behalf of the State and private entity,
and all schedules, exhibits, and attachments thereto, entered
into under this Act for the development, financing,
construction, operation, or management of the Civic and
Transit Infrastructure Project, whereby the private entity
will develop, finance, construct, own, operate, and manage the
Project for a definite term in return for the right to receive
the revenues generated from the Project and other required
payments from the State, including, but not limited to, a
portion of the State sales taxes, as provided under this Act.
"Revenues" means all revenues, including, but not limited
to, income user fees; ticket fees; earnings, interest, lease
payments, allocations, moneys from the federal government,
grants, loans, lines of credit, credit guarantees, bond
proceeds, equity investments, service payments, or other
receipts arising out of or in connection with the financing,
development, construction, operation, and management of the
Project under this Act. "Revenues" does not include the State
payments to the Civic and Transit Infrastructure Fund as
required under this Act.
"State" means the State of Illinois.
"User fees" means the tolls, rates, fees, or other charges
imposed by the State or private entity for use of all or part
of the civic build.
(Source: P.A. 101-10, eff. 6-5-19; revised 7-18-19.)
(30 ILCS 558/25-20)
Sec. 25-20. Provisions of the public-private agreement.
The public-private agreement shall include at a minimum all of
the following provisions:
(1) the term of the public-private public private
agreement;
(2) a detailed description of the civic build,
including the retail, dining, and entertainment components
of the civic build and a general description of the
anticipated future private build;
(3) the powers, duties, responsibilities, obligations,
and functions of the public agency and private entity;
(4) compensation or payments, including any
reimbursement for work performed and goods or services
provided, if any, owed to the public agency as the
administrator of the public-private agreement on behalf of
the State, as specified in the public-private agreement;
(5) compensation or payments to the private entity for
civic build costs, plus any required debt service payments
for the civic build, debt service reserves or sinking
funds, financing costs, payments for operation and
management of the civic build, payments representing the
reasonable return on the private equity investment in the
civic build, and payments in respect of the public use of
private land, air rights, or other real property interests
for the civic build;
(6) a provision granting the private entity with the
express authority to structure, negotiate, and execute
contracts and subcontracts with third parties to enable
the private entity to carry out its duties,
responsibilities and obligations under this Act relating
to the development, financing, construction, management,
and operation of the civic build;
(7) a provision imposing an affirmative duty on the
private entity to provide the public agency with any
information the private entity reasonably believes the
public agency would need related to the civic build to
enable the public agency to exercise its powers, carry out
its duties, responsibilities, and obligations, and perform
its functions under this Act or the public-private
agreement;
(8) a provision requiring the private entity to
provide the public agency with advance notice of any
decision that has a material adverse impact on the public
interest related to the civic build so that the public
agency has a reasonable opportunity to evaluate that
decision;
(9) a requirement that the public agency monitor and
oversee the civic build and take action that the public
agency considers appropriate to ensure that the private
entity is in compliance with the terms of the
public-private public private agreement;
(10) the authority to impose user fees and the amounts
of those fees, if applicable, related to the civic build
subject to agreement with the private entity;
(11) a provision stating that the private entity shall
have the right to all revenues generated from the civic
build until such time that the State takes ownership over
the civic build, at which point the State shall have the
right to all revenues generated from the civic build,
except as set forth in Section 25-45 45;
(12) a provision governing the rights to real and
personal property of the State, the public agency, the
private entity, and other third parties, if applicable,
relating to the civic build, including, but not limited
to, a provision relating to the State's ability to
exercise an option to purchase the civic build at varying
milestones of the Project agreed to amongst the parties in
the public-private public private agreement and consistent
with Section 25-45 45 of this Act;
(13) a provision regarding the implementation and
delivery of certain progress reports related to cost,
timelines, deadlines, and scheduling of the civic build;
(14) procedural requirements for obtaining the prior
approval of the public agency when rights that are the
subject of the public-private agreement relating to the
civic build, including, but not limited to, development
rights, construction rights, property rights, and rights
to certain revenues, are sold, assigned, transferred, or
pledged as collateral to secure financing or for any other
reason;
(15) grounds for termination of the public-private
agreement by the public agency and the private entity;
(16) review of plans, including development,