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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Enrolled.html

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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 In certain cases in which a repealed Act or Section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incorporate amendments to the repealed Act or Section into the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

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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:

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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

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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.)

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(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.)

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(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

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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.

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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;

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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

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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.

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(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

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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,

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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

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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

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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

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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

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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,

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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

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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

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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

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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

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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

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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

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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

SB2435 Enrolled - 25 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 26 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 27 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 28 - LRB102 04062 AMC 14078 b
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.

SB2435 Enrolled - 29 - LRB102 04062 AMC 14078 b
(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

SB2435 Enrolled - 30 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 31 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 32 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 33 - LRB102 04062 AMC 14078 b
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.

SB2435 Enrolled - 34 - LRB102 04062 AMC 14078 b
(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

SB2435 Enrolled - 35 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 36 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 37 - LRB102 04062 AMC 14078 b
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.

SB2435 Enrolled - 38 - LRB102 04062 AMC 14078 b
(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

SB2435 Enrolled - 39 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 40 - LRB102 04062 AMC 14078 b
"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

SB2435 Enrolled - 41 - LRB102 04062 AMC 14078 b
(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.

SB2435 Enrolled - 42 - LRB102 04062 AMC 14078 b
(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

SB2435 Enrolled - 43 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 44 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 45 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 46 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 47 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 48 - LRB102 04062 AMC 14078 b
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

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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

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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)

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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:

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(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

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(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

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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

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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

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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

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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

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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

SB2435 Enrolled - 59 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 60 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 61 - LRB102 04062 AMC 14078 b
(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

SB2435 Enrolled - 62 - LRB102 04062 AMC 14078 b
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,

SB2435 Enrolled - 63 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 64 - LRB102 04062 AMC 14078 b
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.

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(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.

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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

SB2435 Enrolled - 67 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 68 - LRB102 04062 AMC 14078 b
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

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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.

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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

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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;

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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

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(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

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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

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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

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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

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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

SB2435 Enrolled - 78 - LRB102 04062 AMC 14078 b
(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.

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(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);

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(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

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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

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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,

SB2435 Enrolled - 83 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 84 - LRB102 04062 AMC 14078 b
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

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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,

SB2435 Enrolled - 86 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 87 - LRB102 04062 AMC 14078 b
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

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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

SB2435 Enrolled - 89 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 90 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 91 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 92 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 93 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 94 - LRB102 04062 AMC 14078 b
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;

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(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

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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

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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,

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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

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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

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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:

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(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

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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

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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

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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.)

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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

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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

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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

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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

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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.

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(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

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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)

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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

SB2435 Enrolled - 113 - LRB102 04062 AMC 14078 b
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.

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(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)

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(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

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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

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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.

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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

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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

SB2435 Enrolled - 120 - LRB102 04062 AMC 14078 b
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.

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(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

SB2435 Enrolled - 122 - LRB102 04062 AMC 14078 b
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

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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

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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.

SB2435 Enrolled - 125 - LRB102 04062 AMC 14078 b
(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

SB2435 Enrolled - 126 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 127 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 128 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 129 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 130 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 131 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 132 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 133 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 134 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 135 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 136 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 137 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 138 - LRB102 04062 AMC 14078 b
(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

SB2435 Enrolled - 139 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 140 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 141 - LRB102 04062 AMC 14078 b
(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

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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

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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

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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

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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

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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

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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

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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

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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,

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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

SB2435 Enrolled - 151 - LRB102 04062 AMC 14078 b
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

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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.

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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

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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

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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,

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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"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

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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

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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

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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:

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(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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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(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

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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

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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

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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

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(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

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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).

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(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.)

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(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.)

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(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

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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

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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

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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

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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

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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

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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

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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

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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

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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

SB2435 Enrolled - 203 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 204 - LRB102 04062 AMC 14078 b
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

SB2435 Enrolled - 205 - LRB102 04062 AMC 14078 b
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

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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

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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

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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

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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

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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

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(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

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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,

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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

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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

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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

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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;

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(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

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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

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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

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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

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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.

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(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

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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.

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(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

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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)

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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

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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.)

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(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

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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

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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

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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

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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

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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.