98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5597

Introduced , by Rep. Barbara Flynn Currie

SYNOPSIS AS INTRODUCED:
See Index

Creates the First 2014 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.
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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB5597LRB098 15874 AMC 50917 b
1 AN ACT to revise the law by combining multiple enactments
2and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 2014 General
7Revisory Act.
8 (b) This Act is not intended to make any substantive change
9in the law. It reconciles conflicts that have arisen from
10multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

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1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4 (d) Public Acts 97-1145 through 98-589 were considered in
5the preparation of the combining revisories included in this
6Act. Many of those combining revisories contain no striking or
7underscoring because no additional changes are being made in
8the material that is being combined.
9 Section 5. The Regulatory Sunset Act is amended by changing
10Section 4.34 as follows:
11 (5 ILCS 80/4.34)
12 Sec. 4.34. Acts and Section Act repealed on January 1,
132024. The following Acts and Section of an Act are is repealed
14on January 1, 2024:
15 The Electrologist Licensing Act.
16 The Illinois Certified Shorthand Reporters Act of
17 1984.
18 The Illinois Occupational Therapy Practice Act.
19 The Illinois Public Accounting Act.
20 The Private Detective, Private Alarm, Private
21 Security, Fingerprint Vendor, and Locksmith Act of 2004.
22 The Registered Surgical Assistant and Registered
23 Surgical Technologist Title Protection Act.
24 Section 2.5 of the Illinois Plumbing License Law.

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1 The Veterinary Medicine and Surgery Practice Act of
2 2004.
3(Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13;
498-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff.
512-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445,
6eff. 12-31-13; revised 9-10-13.)
7 Section 10. The Open Meetings Act is amended by changing
8Section 2 as follows:
9 (5 ILCS 120/2) (from Ch. 102, par. 42)
10 Sec. 2. Open meetings.
11 (a) Openness required. All meetings of public bodies shall
12be open to the public unless excepted in subsection (c) and
13closed in accordance with Section 2a.
14 (b) Construction of exceptions. The exceptions contained
15in subsection (c) are in derogation of the requirement that
16public bodies meet in the open, and therefore, the exceptions
17are to be strictly construed, extending only to subjects
18clearly within their scope. The exceptions authorize but do not
19require the holding of a closed meeting to discuss a subject
20included within an enumerated exception.
21 (c) Exceptions. A public body may hold closed meetings to
22consider the following subjects:
23 (1) The appointment, employment, compensation,
24 discipline, performance, or dismissal of specific

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1 employees of the public body or legal counsel for the
2 public body, including hearing testimony on a complaint
3 lodged against an employee of the public body or against
4 legal counsel for the public body to determine its
5 validity.
6 (2) Collective negotiating matters between the public
7 body and its employees or their representatives, or
8 deliberations concerning salary schedules for one or more
9 classes of employees.
10 (3) The selection of a person to fill a public office,
11 as defined in this Act, including a vacancy in a public
12 office, when the public body is given power to appoint
13 under law or ordinance, or the discipline, performance or
14 removal of the occupant of a public office, when the public
15 body is given power to remove the occupant under law or
16 ordinance.
17 (4) Evidence or testimony presented in open hearing, or
18 in closed hearing where specifically authorized by law, to
19 a quasi-adjudicative body, as defined in this Act, provided
20 that the body prepares and makes available for public
21 inspection a written decision setting forth its
22 determinative reasoning.
23 (5) The purchase or lease of real property for the use
24 of the public body, including meetings held for the purpose
25 of discussing whether a particular parcel should be
26 acquired.

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1 (6) The setting of a price for sale or lease of
2 property owned by the public body.
3 (7) The sale or purchase of securities, investments, or
4 investment contracts. This exception shall not apply to the
5 investment of assets or income of funds deposited into the
6 Illinois Prepaid Tuition Trust Fund.
7 (8) Security procedures and the use of personnel and
8 equipment to respond to an actual, a threatened, or a
9 reasonably potential danger to the safety of employees,
10 students, staff, the public, or public property.
11 (9) Student disciplinary cases.
12 (10) The placement of individual students in special
13 education programs and other matters relating to
14 individual students.
15 (11) Litigation, when an action against, affecting or
16 on behalf of the particular public body has been filed and
17 is pending before a court or administrative tribunal, or
18 when the public body finds that an action is probable or
19 imminent, in which case the basis for the finding shall be
20 recorded and entered into the minutes of the closed
21 meeting.
22 (12) The establishment of reserves or settlement of
23 claims as provided in the Local Governmental and
24 Governmental Employees Tort Immunity Act, if otherwise the
25 disposition of a claim or potential claim might be
26 prejudiced, or the review or discussion of claims, loss or

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1 risk management information, records, data, advice or
2 communications from or with respect to any insurer of the
3 public body or any intergovernmental risk management
4 association or self insurance pool of which the public body
5 is a member.
6 (13) Conciliation of complaints of discrimination in
7 the sale or rental of housing, when closed meetings are
8 authorized by the law or ordinance prescribing fair housing
9 practices and creating a commission or administrative
10 agency for their enforcement.
11 (14) Informant sources, the hiring or assignment of
12 undercover personnel or equipment, or ongoing, prior or
13 future criminal investigations, when discussed by a public
14 body with criminal investigatory responsibilities.
15 (15) Professional ethics or performance when
16 considered by an advisory body appointed to advise a
17 licensing or regulatory agency on matters germane to the
18 advisory body's field of competence.
19 (16) Self evaluation, practices and procedures or
20 professional ethics, when meeting with a representative of
21 a statewide association of which the public body is a
22 member.
23 (17) The recruitment, credentialing, discipline or
24 formal peer review of physicians or other health care
25 professionals for a hospital, or other institution
26 providing medical care, that is operated by the public

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

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1 Brian's Law.
2 (26) Meetings of a mortality review team appointed
3 under the Department of Juvenile Justice Mortality Review
4 Team Act.
5 (27) (Blank).
6 (28) Correspondence and records (i) that may not be
7 disclosed under Section 11-9 of the Public Aid Code or (ii)
8 that pertain to appeals under Section 11-8 of the Public
9 Aid Code.
10 (29) Meetings between internal or external auditors
11 and governmental audit committees, finance committees, and
12 their equivalents, when the discussion involves internal
13 control weaknesses, identification of potential fraud risk
14 areas, known or suspected frauds, and fraud interviews
15 conducted in accordance with generally accepted auditing
16 standards of the United States of America.
17 (30) Those meetings or portions of meetings of an
18 at-risk adult fatality review team or the Illinois At-Risk
19 Adult Fatality Review Team Advisory Council during which a
20 review of the death of an eligible adult in which abuse or
21 neglect is suspected, alleged, or substantiated is
22 conducted pursuant to Section 15 of the Adult Protective
23 Services Act.
24 (31) (30) Meetings and deliberations for decisions of
25 the Concealed Carry Licensing Review Board under the
26 Firearm Concealed Carry Act.

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1 (d) Definitions. For purposes of this Section:
2 "Employee" means a person employed by a public body whose
3relationship with the public body constitutes an
4employer-employee relationship under the usual common law
5rules, and who is not an independent contractor.
6 "Public office" means a position created by or under the
7Constitution or laws of this State, the occupant of which is
8charged with the exercise of some portion of the sovereign
9power of this State. The term "public office" shall include
10members of the public body, but it shall not include
11organizational positions filled by members thereof, whether
12established by law or by a public body itself, that exist to
13assist the body in the conduct of its business.
14 "Quasi-adjudicative body" means an administrative body
15charged by law or ordinance with the responsibility to conduct
16hearings, receive evidence or testimony and make
17determinations based thereon, but does not include local
18electoral boards when such bodies are considering petition
19challenges.
20 (e) Final action. No final action may be taken at a closed
21meeting. Final action shall be preceded by a public recital of
22the nature of the matter being considered and other information
23that will inform the public of the business being conducted.
24(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
2597-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
268-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised

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17-23-13.)
2 Section 15. The Freedom of Information Act is amended by
3changing Sections 3.2 and 7.5 as follows:
4 (5 ILCS 140/3.2)
5 Sec. 3.2. Recurrent requesters.
6 (a) Notwithstanding Nothwithstanding any provision of this
7Act to the contrary, a public body shall respond to a request
8from a recurrent requester, as defined in subsection (g) of
9Section 2, within 21 business days after receipt. The response
10shall (i) provide to the requester an estimate of the time
11required by the public body to provide the records requested
12and an estimate of the fees to be charged, which the public
13body may require the person to pay in full before copying the
14requested documents, (ii) deny the request pursuant to one or
15more of the exemptions set out in this Act, (iii) notify the
16requester that the request is unduly burdensome and extend an
17opportunity to the requester to attempt to reduce the request
18to manageable proportions, or (iv) provide the records
19requested.
20 (b) Within 5 business days after receiving a request from a
21recurrent requester, as defined in subsection (g) of Section 2,
22the public body shall notify the requester (i) that the public
23body is treating the request as a request under subsection (g)
24of Section 2, (ii) of the reasons why the public body is

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1treating the request as a request under subsection (g) of
2Section 2, and (iii) that the public body will send an initial
3response within 21 business days after receipt in accordance
4with subsection (a) of this Section. The public body shall also
5notify the requester of the proposed responses that can be
6asserted pursuant to subsection (a) of this Section.
7 (c) Unless the records are exempt from disclosure, a public
8body shall comply with a request within a reasonable period
9considering the size and complexity of the request.
10(Source: P.A. 97-579, eff. 8-26-11; revised 9-4-13.)
11 (5 ILCS 140/7.5)
12 Sec. 7.5. Statutory Exemptions. To the extent provided for
13by the statutes referenced below, the following shall be exempt
14from inspection and copying:
15 (a) All information determined to be confidential under
16Section 4002 of the Technology Advancement and Development Act.
17 (b) Library circulation and order records identifying
18library users with specific materials under the Library Records
19Confidentiality Act.
20 (c) Applications, related documents, and medical records
21received by the Experimental Organ Transplantation Procedures
22Board and any and all documents or other records prepared by
23the Experimental Organ Transplantation Procedures Board or its
24staff relating to applications it has received.
25 (d) Information and records held by the Department of

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1Public Health and its authorized representatives relating to
2known or suspected cases of sexually transmissible disease or
3any information the disclosure of which is restricted under the
4Illinois Sexually Transmissible Disease Control Act.
5 (e) Information the disclosure of which is exempted under
6Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of the
8Architectural, Engineering, and Land Surveying Qualifications
9Based Selection Act.
10 (g) Information the disclosure of which is restricted and
11exempted under Section 50 of the Illinois Prepaid Tuition Act.
12 (h) Information the disclosure of which is exempted under
13the State Officials and Employees Ethics Act, and records of
14any lawfully created State or local inspector general's office
15that would be exempt if created or obtained by an Executive
16Inspector General's office under that Act.
17 (i) Information contained in a local emergency energy plan
18submitted to a municipality in accordance with a local
19emergency energy plan ordinance that is adopted under Section
2011-21.5-5 of the Illinois Municipal Code.
21 (j) Information and data concerning the distribution of
22surcharge moneys collected and remitted by wireless carriers
23under the Wireless Emergency Telephone Safety Act.
24 (k) Law enforcement officer identification information or
25driver identification information compiled by a law
26enforcement agency or the Department of Transportation under

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

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

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1records of the Concealed Carry Licensing Review Board under the
2Firearm Concealed Carry Act, and law enforcement agency
3objections under the Firearm Concealed Carry Act.
4 (w) Personally identifiable information which is exempted
5from disclosure under subsection (g) of Section 19.1 of the
6Toll Highway Act.
7 (x) Information which is exempted from disclosure under
8Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
9Illinois Municipal Code.
10 (y) Confidential information under the Adult Protective
11Services Act and its predecessor enabling statute, the Elder
12Abuse and Neglect Act, including information about the identity
13and administrative finding against any caregiver of a verified
14and substantiated decision of significant abuse, neglect, or
15financial exploitation of an eligible adult maintained in the
16Department of Public Health's Health Care Worker Registry.
17 (z) Records and information provided to an at-risk adult
18fatality review team or the Illinois At-Risk Adult Fatality
19Review Team Advisory Council under Section 15 of the Adult
20Protective Services Act.
21(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
22eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
23eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
24 Section 20. The State Employee Indemnification Act is
25amended by changing Section 1 as follows:

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1 (5 ILCS 350/1) (from Ch. 127, par. 1301)
2 Sec. 1. Definitions. For the purpose of this Act:
3 (a) The term "State" means the State of Illinois, the
4General Assembly, the court, or any State office, department,
5division, bureau, board, commission, or committee, the
6governing boards of the public institutions of higher education
7created by the State, the Illinois National Guard, the
8Comprehensive Health Insurance Board, any poison control
9center designated under the Poison Control System Act that
10receives State funding, or any other agency or instrumentality
11of the State. It does not mean any local public entity as that
12term is defined in Section 1-206 of the Local Governmental and
13Governmental Employees Tort Immunity Act or a pension fund.
14 (b) The term "employee" means any present or former elected
15or appointed officer, trustee or employee of the State, or of a
16pension fund, any present or former commissioner or employee of
17the Executive Ethics Commission or of the Legislative Ethics
18Commission, any present or former Executive, Legislative, or
19Auditor General's Inspector General, any present or former
20employee of an Office of an Executive, Legislative, or Auditor
21General's Inspector General, any present or former member of
22the Illinois National Guard while on active duty, individuals
23or organizations who contract with the Department of
24Corrections, the Department of Juvenile Justice, the
25Comprehensive Health Insurance Board, or the Department of

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1Veterans' Affairs to provide services, individuals or
2organizations who contract with the Department of Human
3Services (as successor to the Department of Mental Health and
4Developmental Disabilities) to provide services including but
5not limited to treatment and other services for sexually
6violent persons, individuals or organizations who contract
7with the Department of Military Affairs for youth programs,
8individuals or organizations who contract to perform carnival
9and amusement ride safety inspections for the Department of
10Labor, individual representatives of or designated
11organizations authorized to represent the Office of State
12Long-Term Ombudsman for the Department on Aging, individual
13representatives of or organizations designated by the
14Department on Aging in the performance of their duties as adult
15protective services agencies or regional administrative
16agencies under the Adult Protective Services Act, individuals
17or organizations appointed as members of a review team or the
18Advisory Council under the Adult Protective Services Act,
19individuals or organizations who perform volunteer services
20for the State where such volunteer relationship is reduced to
21writing, individuals who serve on any public entity (whether
22created by law or administrative action) described in paragraph
23(a) of this Section, individuals or not for profit
24organizations who, either as volunteers, where such volunteer
25relationship is reduced to writing, or pursuant to contract,
26furnish professional advice or consultation to any agency or

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1instrumentality of the State, individuals who serve as foster
2parents for the Department of Children and Family Services when
3caring for a Department ward, individuals who serve as members
4of an independent team of experts under Brian's Law, and
5individuals who serve as arbitrators pursuant to Part 10A of
6Article II of the Code of Civil Procedure and the rules of the
7Supreme Court implementing Part 10A, each as now or hereafter
8amended, but does not mean an independent contractor except as
9provided in this Section. The term includes an individual
10appointed as an inspector by the Director of State Police when
11performing duties within the scope of the activities of a
12Metropolitan Enforcement Group or a law enforcement
13organization established under the Intergovernmental
14Cooperation Act. An individual who renders professional advice
15and consultation to the State through an organization which
16qualifies as an "employee" under the Act is also an employee.
17The term includes the estate or personal representative of an
18employee.
19 (c) The term "pension fund" means a retirement system or
20pension fund created under the Illinois Pension Code.
21(Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; revised
228-9-13.)
23 Section 25. The State Employees Group Insurance Act of 1971
24is amended by setting forth, renumbering, and changing multiple
25versions of Section 2.5 as follows:

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1 (5 ILCS 375/2.5)
2 Sec. 2.5. Application to Regional Transportation Authority
3Board members. Notwithstanding any other provision of this Act
4to the contrary, this Act does not apply to any member of the
5Regional Transportation Authority Board who first becomes a
6member of that Board on or after July 23, 2013 (the effective
7date of Public Act 98-108) this amendatory Act of the 98th
8General Assembly with respect to service of that Board.
9(Source: P.A. 98-108, eff. 7-23-13; revised 9-6-13.)
10 (5 ILCS 375/2.9)
11 Sec. 2.9 2.5. State healthcare purchasing. On and after the
12date 6 months after August 16, 2013 (the effective date of
13Public Act 98-488) this amendatory Act of the 98th General
14Assembly, as provided in the Executive Order 1 (2012)
15Implementation Act, all of the powers, duties, rights, and
16responsibilities related to State healthcare purchasing under
17this Act that were transferred from the Department of Central
18Management Services to the Department of Healthcare and Family
19Services by Executive Order 3 (2005) are transferred back to
20the Department.
21(Source: P.A. 98-488, eff. 8-16-13; revised 9-6-13.)
22 Section 30. The State Commemorative Dates Act is amended by
23setting forth, renumbering, and changing multiple versions of

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1Section 175 as follows:
2 (5 ILCS 490/175)
3 Sec. 175. Mother Mary Ann Bickerdyke Day. The second
4Wednesday in May of each year is designated as Mother Mary Ann
5Bickerdyke Day, to be observed throughout the State as a day
6set apart to honor Mother Mary Ann Bickerdyke of Galesburg,
7military nurses, and the contribution of nurses to the State of
8Illinois and the United States of America.
9(Source: P.A. 98-141, eff. 8-2-13.)
10 (5 ILCS 490/180)
11 Sec. 180 175. Chronic Obstructive Pulmonary Disease (COPD)
12Month. The month of November in each year is designated as
13Chronic Obstructive Pulmonary Disease (COPD) Month to be
14observed throughout the State as a month for the people of
15Illinois to support efforts to decrease the prevalence of COPD,
16develop better treatments, and work toward an eventual cure
17through increased research, treatment, and prevention.
18(Source: P.A. 98-220, eff. 8-9-13; revised 9-9-13.)
19 (5 ILCS 490/185)
20 Sec. 185 175. Eat Local, Buy Illinois Products Day. The
21first Saturday of each month is designated as Eat Local, Buy
22Illinois Products Day to promote local food initiatives and ,
23Illinois agribusiness, and to encourage residents to re-invest

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1in the local economy. The Department of Agriculture's Illinois
2Product Logo Program shall assist in increasing awareness and
3sales of Illinois food and agribusiness products.
4(Source: P.A. 98-341, eff. 8-13-13; revised 9-9-13.)
5 Section 35. The Election Code is amended by changing
6Sections 1A-16.5, 4-10, 5-9, 10-4, 19-4, 24A-15.1, 24A-16, and
728-3 as follows:
8 (10 ILCS 5/1A-16.5)
9 Sec. 1A-16.5. Online voter registration.
10 (a) The State Board of Elections shall establish and
11maintain a system for online voter registration that permits a
12person to apply to register to vote or to update his or her
13existing voter registration. In accordance with technical
14specifications provided by the State Board of Elections, each
15election authority shall maintain a voter registration system
16capable of receiving and processing voter registration
17application information, including electronic signatures, from
18the online voter registration system established by the State
19Board of Elections.
20 (b) The online voter registration system shall employ
21security measures to ensure the accuracy and integrity of voter
22registration applications submitted electronically pursuant to
23this Section.
24 (c) The Board may receive voter registration information

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1provided by applicants using the State Board of Elections'
2website, may cross reference that information with data or
3information contained in the Secretary of State's database in
4order to match the information submitted by applicants, and may
5receive from the Secretary of State the applicant's digitized
6signature upon a successful match of that applicant's
7information with that contained in the Secretary of State's
8database.
9 (d) Notwithstanding any other provision of law, a person
10who is qualified to register to vote and who has an authentic
11Illinois driver's license or State identification card issued
12by the Secretary of State may submit an application to register
13to vote electronically on a website maintained by the State
14Board of Elections.
15 (e) An online voter registration application shall contain
16all of the information that is required for a paper application
17as provided in Section 1A-16 of this Code, except that the
18applicant shall be required to provide:
19 (1) the applicant's full Illinois driver's license or
20 State identification card number;
21 (2) the last 4 digits of the applicant's social
22 security number; and
23 (3) the date the Illinois driver's license or State
24 identification card was issued.
25 (f) For an applicant's registration or change in
26registration to be accepted, the applicant shall mark the box

HB5597- 23 -LRB098 15874 AMC 50917 b
1associated with the following statement included as part of the
2online voter registration application:
3 "By clicking on the box below, I swear or affirm all of the
4following:
5 (1) I am the person whose name and identifying information
6is provided on this form, and I desire to register to vote in
7the State of Illinois.
8 (2) All the information I have provided on this form is
9true and correct as of the date I am submitting this form.
10 (3) I authorize the Secretary of State to transmit to the
11State Board of Elections my signature that is on file with the
12Secretary of State and understand that such signature will be
13used by my local election authority on this online voter
14registration application for admission as an elector as if I
15had signed this form personally.".
16 (g) Immediately upon receiving a completed online voter
17registration application, the online voter registration system
18shall send, by electronic mail, a confirmation notice that the
19application has been received. Within 48 hours of receiving
20such an application, the online voter registration system shall
21send by electronic mail, a notice informing the applicant of
22whether the following information has been matched with the
23Secretary of State database:
24 (1) that the applicant has an authentic Illinois
25 driver's license or State identification card issued by the
26 Secretary of State and that the driver's license or State

HB5597- 24 -LRB098 15874 AMC 50917 b
1 identification number provided by the applicant matches
2 the driver's license or State identification card number
3 for that person on file with the Secretary of State;
4 (2) that the date of issuance of the Illinois driver's
5 license or State identification card listed on the
6 application matches the date of issuance of that card for
7 that person on file with the Secretary of State;
8 (3) that the date of birth provided by the applicant
9 matches the date of birth for that person on file with the
10 Secretary of State; and
11 (4) that the last 4 digits of the applicant's social
12 security number matches the last 4 four digits for that
13 person on file with the Secretary of State.
14 (h) If the information provided by the applicant matches
15the information on the Secretary of State's databases for any
16driver's license and State identification card holder and is
17matched as provided in subsection (g) above, the online voter
18registration system shall:
19 (1) retrieve from the Secretary of State's database
20 files an electronic copy of the applicant's signature from
21 his or her Illinois driver's license or State
22 identification card and such signature shall be deemed to
23 be the applicant's signature on his or her online voter
24 registration application;
25 (2) within 2 days of receiving the application, forward
26 to the county clerk or board of election commissioners

HB5597- 25 -LRB098 15874 AMC 50917 b
1 having jurisdiction over the applicant's voter
2 registration: (i) the application, along with the
3 applicant's relevant data that can be directly loaded into
4 the jurisdiction's voter registration system and (ii) a
5 copy of the applicant's electronic signature and a
6 certification from the State Board of Elections that the
7 applicant's driver's license or State identification card
8 number, driver's license or State identification card date
9 of issuance, and date of birth and social security
10 information have been successfully matched.
11 (i) Upon receipt of the online voter registration
12application, the county clerk or board of election
13commissioners having jurisdiction over the applicant's voter
14registration shall promptly search its voter registration
15database to determine whether the applicant is already
16registered to vote at the address on the application and
17whether the new registration would create a duplicate
18registration. If the applicant is already registered to vote at
19the address on the application, the clerk or board, as the case
20may be, shall send the applicant by first class mail, and
21electronic mail if the applicant has provided an electronic
22mail address on the original voter registration form for that
23address, a disposition notice as otherwise required by law
24informing the applicant that he or she is already registered to
25vote at such address. If the applicant is not already
26registered to vote at the address on the application and the

HB5597- 26 -LRB098 15874 AMC 50917 b
1applicant is otherwise eligible to register to vote, the clerk
2or board, as the case may be, shall:
3 (1) enter the name and address of the applicant on the
4 list of registered voters in the jurisdiction; and
5 (2) send by mail, and electronic mail if the applicant
6 has provided an electronic mail address on the voter
7 registration form, a disposition notice to the applicant as
8 otherwise provided by law setting forth the applicant's
9 name and address as it appears on the application and
10 stating that the person is registered to vote.
11 (j) An electronic signature of the person submitting a
12duplicate registration application or a change of address form
13that is retrieved and imported from the Secretary of State's
14driver's license or State identification card database as
15provided herein may, in the discretion of the clerk or board,
16be substituted for and replace any existing signature for that
17individual in the voter registration database of the county
18clerk or board of election commissioners.
19 (k) Any new registration or change of address submitted
20electronically as provided in this Section shall become
21effective as of the date it is received by the county clerk or
22board of election commissioners having jurisdiction over said
23registration. Disposition notices prescribed in this Section
24shall be sent within 5 business days of receipt of the online
25application or change of address by the county clerk or board
26of election commissioners.

HB5597- 27 -LRB098 15874 AMC 50917 b
1 (l) All provisions of this Code governing voter
2registration and applicable thereto and not inconsistent with
3this Section shall apply to online voter registration under
4this Section. All applications submitted on a website
5maintained by the State Board of Elections shall be deemed
6timely filed if they are submitted no later than 11:59 p.m. on
7the final day for voter registration prior to an election.
8After the registration period for an upcoming election has
9ended and until the 2nd day following such election, the web
10page containing the online voter registration form on the State
11Board of Elections website shall inform users of the procedure
12for grace period voting.
13 (m) The State Board of Elections shall maintain a list of
14the name, street address, e-mail address, and likely precinct,
15ward, township, and district numbers, as the case may be, of
16people who apply to vote online through the voter registration
17system and those names and that information shall be stored in
18an electronic format on its website, arranged by county and
19accessible to State and local political committees.
20 (n) The Illinois State Board of Elections shall submit a
21report to the General Assembly and the Governor by January 31,
222014 detailing the progress made to implement the online voter
23registration system described in this Section.
24 (o) The online voter registration system provided for in
25this Section shall be fully operational by July 1, 2014.
26(Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)

HB5597- 28 -LRB098 15874 AMC 50917 b
1 (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
2 Sec. 4-10. Except as herein provided, no person shall be
3registered, unless he applies in person to a registration
4officer, answers such relevant questions as may be asked of him
5by the registration officer, and executes the affidavit of
6registration. The registration officer shall require the
7applicant to furnish two forms of identification, and except in
8the case of a homeless individual, one of which must include
9his or her residence address. These forms of identification
10shall include, but not be limited to, any of the following:
11driver's license, social security card, public aid
12identification card, utility bill, employee or student
13identification card, lease or contract for a residence, credit
14card, or a civic, union or professional association membership
15card. The registration officer shall require a homeless
16individual to furnish evidence of his or her use of the mailing
17address stated. This use may be demonstrated by a piece of mail
18addressed to that individual and received at that address or by
19a statement from a person authorizing use of the mailing
20address. The registration officer shall require each applicant
21for registration to read or have read to him the affidavit of
22registration before permitting him to execute the affidavit.
23 One of the registration officers or a deputy registration
24officer, county clerk, or clerk in the office of the county
25clerk, shall administer to all persons who shall personally

HB5597- 29 -LRB098 15874 AMC 50917 b
1apply to register the following oath or affirmation:
2 "You do solemnly swear (or affirm) that you will fully and
3truly answer all such questions as shall be put to you touching
4your name, place of residence, place of birth, your
5qualifications as an elector and your right as such to register
6and vote under the laws of the State of Illinois."
7 The registration officer shall satisfy himself that each
8applicant for registration is qualified to register before
9registering him. If the registration officer has reason to
10believe that the applicant is a resident of a Soldiers' and
11Sailors' Home or any facility which is licensed or certified
12pursuant to the Nursing Home Care Act, the Specialized Mental
13Health Rehabilitation Act of 2013, or the ID/DD Community Care
14Act, the following question shall be put, "When you entered the
15home which is your present address, was it your bona fide
16intention to become a resident thereof?" Any voter of a
17township, city, village or incorporated town in which such
18applicant resides, shall be permitted to be present at the
19place of any precinct registration and shall have the right to
20challenge any applicant who applies to be registered.
21 In case the officer is not satisfied that the applicant is
22qualified he shall forthwith notify such applicant in writing
23to appear before the county clerk to complete his registration.
24Upon the card of such applicant shall be written the word
25"incomplete" and no such applicant shall be permitted to vote
26unless such registration is satisfactorily completed as

HB5597- 30 -LRB098 15874 AMC 50917 b
1hereinafter provided. No registration shall be taken and marked
2as incomplete if information to complete it can be furnished on
3the date of the original application.
4 Any person claiming to be an elector in any election
5precinct and whose registration card is marked "Incomplete" may
6make and sign an application in writing, under oath, to the
7county clerk in substance in the following form:
8 "I do solemnly swear that I, ...., did on (insert date)
9make application to the board of registry of the .... precinct
10of the township of .... (or to the county clerk of .... county)
11and that said board or clerk refused to complete my
12registration as a qualified voter in said precinct. That I
13reside in said precinct, that I intend to reside in said
14precinct, and am a duly qualified voter of said precinct and am
15entitled to be registered to vote in said precinct at the next
16election.
17(Signature of applicant) ............................."
18 All such applications shall be presented to the county
19clerk or to his duly authorized representative by the
20applicant, in person between the hours of 9:00 a.m. and 5:00
21p.m. on any day after the days on which the 1969 and 1970
22precinct re-registrations are held but not on any day within 27
23days preceding the ensuing general election and thereafter for
24the registration provided in Section 4-7 all such applications
25shall be presented to the county clerk or his duly authorized

HB5597- 31 -LRB098 15874 AMC 50917 b
1representative by the applicant in person between the hours of
29:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
3the ensuing general election. Such application shall be heard
4by the county clerk or his duly authorized representative at
5the time the application is presented. If the applicant for
6registration has registered with the county clerk, such
7application may be presented to and heard by the county clerk
8or by his duly authorized representative upon the dates
9specified above or at any time prior thereto designated by the
10county clerk.
11 Any otherwise qualified person who is absent from his
12county of residence either due to business of the United States
13or because he is temporarily outside the territorial limits of
14the United States may become registered by mailing an
15application to the county clerk within the periods of
16registration provided for in this Article, or by simultaneous
17application for absentee registration and absentee ballot as
18provided in Article 20 of this Code.
19 Upon receipt of such application the county clerk shall
20immediately mail an affidavit of registration in duplicate,
21which affidavit shall contain the following and such other
22information as the State Board of Elections may think it proper
23to require for the identification of the applicant:
24 Name. The name of the applicant, giving surname and first
25or Christian name in full, and the middle name or the initial
26for such middle name, if any.

HB5597- 32 -LRB098 15874 AMC 50917 b
1 Sex.
2 Residence. The name and number of the street, avenue or
3other location of the dwelling, and such additional clear and
4definite description as may be necessary to determine the exact
5location of the dwelling of the applicant. Where the location
6cannot be determined by street and number, then the Section,
7congressional township and range number may be used, or such
8other information as may be necessary, including post office
9mailing address.
10 Electronic mail address, if the registrant has provided
11this information.
12 Term of residence in the State of Illinois and the
13precinct.
14 Nativity. The State or country in which the applicant was
15born.
16 Citizenship. Whether the applicant is native born or
17naturalized. If naturalized, the court, place and date of
18naturalization.
19 Age. Date of birth, by month, day and year.
20 Out of State address of ..........................
21
AFFIDAVIT OF REGISTRATION
22State of ...........)
23 )ss
24County of ..........)
25 I hereby swear (or affirm) that I am a citizen of the
26United States; that on the day of the next election I shall

HB5597- 33 -LRB098 15874 AMC 50917 b
1have resided in the State of Illinois and in the election
2precinct 30 days; that I am fully qualified to vote, that I am
3not registered to vote anywhere else in the United States, that
4I intend to remain a resident of the State of Illinois and of
5the election precinct, that I intend to return to the State of
6Illinois, and that the above statements are true.
7
..............................
8
(His or her signature or mark)
9 Subscribed and sworn to before me, an officer qualified to
10administer oaths, on (insert date).
11
........................................
12
Signature of officer administering oath.
13 Upon receipt of the executed duplicate affidavit of
14Registration, the county clerk shall transfer the information
15contained thereon to duplicate Registration Cards provided for
16in Section 4-8 of this Article and shall attach thereto a copy
17of each of the duplicate affidavit of registration and
18thereafter such registration card and affidavit shall
19constitute the registration of such person the same as if he
20had applied for registration in person.
21(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
22eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
23revised 8-9-13.)
24 (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
25 Sec. 5-9. Except as herein provided, no person shall be

HB5597- 34 -LRB098 15874 AMC 50917 b
1registered unless he applies in person to registration officer,
2answers such relevant questions as may be asked of him by the
3registration officer, and executes the affidavit of
4registration. The registration officer shall require the
5applicant to furnish two forms of identification, and except in
6the case of a homeless individual, one of which must include
7his or her residence address. These forms of identification
8shall include, but not be limited to, any of the following:
9driver's license, social security card, public aid
10identification card, utility bill, employee or student
11identification card, lease or contract for a residence, credit
12card, or a civic, union or professional association membership
13card. The registration officer shall require a homeless
14individual to furnish evidence of his or her use of the mailing
15address stated. This use may be demonstrated by a piece of mail
16addressed to that individual and received at that address or by
17a statement from a person authorizing use of the mailing
18address. The registration officer shall require each applicant
19for registration to read or have read to him the affidavit of
20registration before permitting him to execute the affidavit.
21 One of the Deputy Registrars, the Judge of Registration, or
22an Officer of Registration, County Clerk, or clerk in the
23office of the County Clerk, shall administer to all persons who
24shall personally apply to register the following oath or
25affirmation:
26 "You do solemnly swear (or affirm) that you will fully and

HB5597- 35 -LRB098 15874 AMC 50917 b
1truly answer all such questions as shall be put to you touching
2your place of residence, name, place of birth, your
3qualifications as an elector and your right as such to register
4and vote under the laws of the State of Illinois."
5 The Registration Officer shall satisfy himself that each
6applicant for registration is qualified to register before
7registering him. If the registration officer has reason to
8believe that the applicant is a resident of a Soldiers' and
9Sailors' Home or any facility which is licensed or certified
10pursuant to the Nursing Home Care Act, the Specialized Mental
11Health Rehabilitation Act of 2013, or the ID/DD Community Care
12Act, the following question shall be put, "When you entered the
13home which is your present address, was it your bona fide
14intention to become a resident thereof?" Any voter of a
15township, city, village or incorporated town in which such
16applicant resides, shall be permitted to be present at the
17place of precinct registration, and shall have the right to
18challenge any applicant who applies to be registered.
19 In case the officer is not satisfied that the applicant is
20qualified, he shall forthwith in writing notify such applicant
21to appear before the County Clerk to furnish further proof of
22his qualifications. Upon the card of such applicant shall be
23written the word "Incomplete" and no such applicant shall be
24permitted to vote unless such registration is satisfactorily
25completed as hereinafter provided. No registration shall be
26taken and marked as "incomplete" if information to complete it

HB5597- 36 -LRB098 15874 AMC 50917 b
1can be furnished on the date of the original application.
2 Any person claiming to be an elector in any election
3precinct in such township, city, village or incorporated town
4and whose registration is marked "Incomplete" may make and sign
5an application in writing, under oath, to the County Clerk in
6substance in the following form:
7 "I do solemnly swear that I, .........., did on (insert
8date) make application to the Board of Registry of the ........
9precinct of ........ ward of the City of .... or of the
10......... District ......... Town of .......... (or to the
11County Clerk of .............) and ............ County; that
12said Board or Clerk refused to complete my registration as a
13qualified voter in said precinct, that I reside in said
14precinct (or that I intend to reside in said precinct), am a
15duly qualified voter and entitled to vote in said precinct at
16the next election.
17
...........................
18
(Signature of Applicant)"
19 All such applications shall be presented to the County
20Clerk by the applicant, in person between the hours of nine
21o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
22the third week subsequent to the weeks in which the 1961 and
231962 precinct re-registrations are to be held, and thereafter
24for the registration provided in Section 5-17 of this Article,
25all such applications shall be presented to the County Clerk by
26the applicant in person between the hours of nine o'clock a.m.

HB5597- 37 -LRB098 15874 AMC 50917 b
1and nine o'clock p.m. on Monday and Tuesday of the third week
2prior to the date on which such election is to be held.
3 Any otherwise qualified person who is absent from his
4county of residence either due to business of the United States
5or because he is temporarily outside the territorial limits of
6the United States may become registered by mailing an
7application to the county clerk within the periods of
8registration provided for in this Article or by simultaneous
9application for absentee registration and absentee ballot as
10provided in Article 20 of this Code.
11 Upon receipt of such application the county clerk shall
12immediately mail an affidavit of registration in duplicate,
13which affidavit shall contain the following and such other
14information as the State Board of Elections may think it proper
15to require for the identification of the applicant:
16 Name. The name of the applicant, giving surname and first
17or Christian name in full, and the middle name or the initial
18for such middle name, if any.
19 Sex.
20 Residence. The name and number of the street, avenue or
21other location of the dwelling, and such additional clear and
22definite description as may be necessary to determine the exact
23location of the dwelling of the applicant. Where the location
24cannot be determined by street and number, then the Section,
25congressional township and range number may be used, or such
26other information as may be necessary, including post office

HB5597- 38 -LRB098 15874 AMC 50917 b
1mailing address.
2 Electronic mail address, if the registrant has provided
3this information.
4 Term of residence in the State of Illinois and the
5precinct.
6 Nativity. The State or country in which the applicant was
7born.
8 Citizenship. Whether the applicant is native born or
9naturalized. If naturalized, the court, place and date of
10naturalization.
11 Age. Date of birth, by month, day and year.
12 Out of State address of ..........................
13
AFFIDAVIT OF REGISTRATION
14State of .........)
15 )ss
16County of ........)
17 I hereby swear (or affirm) that I am a citizen of the
18United States; that on the day of the next election I shall
19have resided in the State of Illinois for 6 months and in the
20election precinct 30 days; that I am fully qualified to vote,
21that I am not registered to vote anywhere else in the United
22States, that I intend to remain a resident of the State of
23Illinois and of the election precinct, that I intend to return
24to the State of Illinois, and that the above statements are
25true.
26
..............................

HB5597- 39 -LRB098 15874 AMC 50917 b
1
(His or her signature or mark)
2 Subscribed and sworn to before me, an officer qualified to
3administer oaths, on (insert date).
4
........................................
5
Signature of officer administering oath.
6 Upon receipt of the executed duplicate affidavit of
7Registration, the county clerk shall transfer the information
8contained thereon to duplicate Registration Cards provided for
9in Section 5-7 of this Article and shall attach thereto a copy
10of each of the duplicate affidavit of registration and
11thereafter such registration card and affidavit shall
12constitute the registration of such person the same as if he
13had applied for registration in person.
14(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
15eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
16revised 8-9-13.)
17 (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
18 Sec. 10-4. Form of petition for nomination. All petitions
19for nomination under this Article 10 for candidates for public
20office in this State, shall in addition to other requirements
21provided by law, be as follows: Such petitions shall consist of
22sheets of uniform size and each sheet shall contain, above the
23space for signature, an appropriate heading, giving the
24information as to name of candidate or candidates in whose

HB5597- 40 -LRB098 15874 AMC 50917 b
1behalf such petition is signed; the office; the party; place of
2residence; and such other information or wording as required to
3make same valid, and the heading of each sheet shall be the
4same. Such petition shall be signed by the qualified voters in
5their own proper persons only, and opposite the signature of
6each signer his residence address shall be written or printed.
7The residence address required to be written or printed
8opposite each qualified primary elector's name shall include
9the street address or rural route number of the signer, as the
10case may be, as well as the signer's county, and city, village
11or town, and state. However, the county or city, village or
12town, and state of residence of such electors may be printed on
13the petition forms where all of the such electors signing the
14petition reside in the same county or city, village or town,
15and state. Standard abbreviations may be used in writing the
16residence address, including street number, if any. No
17signature shall be valid or be counted in considering the
18validity or sufficiency of such petition unless the
19requirements of this Section are complied with. At the bottom
20of each sheet of such petition shall be added a circulator's
21statement, signed by a person 18 years of age or older who is a
22citizen of the United States; stating the street address or
23rural route number, as the case may be, as well as the county,
24city, village or town, and state; certifying that the
25signatures on that sheet of the petition were signed in his or
26her presence; certifying that the signatures are genuine; and

HB5597- 41 -LRB098 15874 AMC 50917 b
1either (1) indicating the dates on which that sheet was
2circulated, or (2) indicating the first and last dates on which
3the sheet was circulated, or (3) certifying that none of the
4signatures on the sheet were signed more than 90 days preceding
5the last day for the filing of the petition; and certifying
6that to the best of his knowledge and belief the persons so
7signing were at the time of signing the petition duly
8registered voters under Articles 4, 5 or 6 of the Code of the
9political subdivision or district for which the candidate or
10candidates shall be nominated, and certifying that their
11respective residences are correctly stated therein. Such
12statement shall be sworn to before some officer authorized to
13administer oaths in this State. No petition sheet shall be
14circulated more than 90 days preceding the last day provided in
15Section 10-6 for the filing of such petition. Such sheets,
16before being presented to the electoral board or filed with the
17proper officer of the electoral district or division of the
18state or municipality, as the case may be, shall be neatly
19fastened together in book form, by placing the sheets in a pile
20and fastening them together at one edge in a secure and
21suitable manner, and the sheets shall then be numbered
22consecutively. The sheets shall not be fastened by pasting them
23together end to end, so as to form a continuous strip or roll.
24All petition sheets which are filed with the proper local
25election officials, election authorities or the State Board of
26Elections shall be the original sheets which have been signed

HB5597- 42 -LRB098 15874 AMC 50917 b
1by the voters and by the circulator, and not photocopies or
2duplicates of such sheets. A petition, when presented or filed,
3shall not be withdrawn, altered, or added to, and no signature
4shall be revoked except by revocation in writing presented or
5filed with the officers or officer with whom the petition is
6required to be presented or filed, and before the presentment
7or filing of such petition. Whoever forges any name of a signer
8upon any petition shall be deemed guilty of a forgery, and on
9conviction thereof, shall be punished accordingly. The word
10"petition" or "petition for nomination", as used herein, shall
11mean what is sometimes known as nomination papers, in
12distinction to what is known as a certificate of nomination.
13The words "political division for which the candidate is
14nominated", or its equivalent, shall mean the largest political
15division in which all qualified voters may vote upon such
16candidate or candidates, as the state in the case of state
17officers; the township in the case of township officers et
18cetera. Provided, further, that no person shall circulate or
19certify petitions for candidates of more than one political
20party, or for an independent candidate or candidates in
21addition to one political party, to be voted upon at the next
22primary or general election, or for such candidates and parties
23with respect to the same political subdivision at the next
24consolidated election.
25(Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01;
26revised 9-4-13.)

HB5597- 43 -LRB098 15874 AMC 50917 b
1 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
2 Sec. 19-4. Mailing or delivery of ballots; time. ballots -
3Time.) Immediately upon the receipt of such application either
4by mail or electronic means, not more than 40 days nor less
5than 5 days prior to such election, or by personal delivery not
6more than 40 days nor less than one day prior to such election,
7at the office of such election authority, it shall be the duty
8of such election authority to examine the records to ascertain
9whether or not such applicant is lawfully entitled to vote as
10requested, including a verification of the applicant's
11signature by comparison with the signature on the official
12registration record card, and if found so to be entitled to
13vote, to post within one business day thereafter the name,
14street address, ward and precinct number or township and
15district number, as the case may be, of such applicant given on
16a list, the pages of which are to be numbered consecutively to
17be kept by such election authority for such purpose in a
18conspicuous, open and public place accessible to the public at
19the entrance of the office of such election authority, and in
20such a manner that such list may be viewed without necessity of
21requesting permission therefor. Within one day after posting
22the name and other information of an applicant for an absentee
23ballot, the election authority shall transmit by electronic
24means pursuant to a process established by the State Board of
25Elections that name and other posted information to the State

HB5597- 44 -LRB098 15874 AMC 50917 b
1Board of Elections, which shall maintain those names and other
2information in an electronic format on its website, arranged by
3county and accessible to State and local political committees.
4Within 2 business days after posting a name and other
5information on the list within its office, the election
6authority shall mail, postage prepaid, or deliver in person in
7such office an official ballot or ballots if more than one are
8to be voted at said election. Mail delivery of Temporarily
9Absent Student ballot applications pursuant to Section 19-12.3
10shall be by nonforwardable mail. However, for the consolidated
11election, absentee ballots for certain precincts may be
12delivered to applicants not less than 25 days before the
13election if so much time is required to have prepared and
14printed the ballots containing the names of persons nominated
15for offices at the consolidated primary. The election authority
16shall enclose with each absentee ballot or application written
17instructions on how voting assistance shall be provided
18pursuant to Section 17-14 and a document, written and approved
19by the State Board of Elections, enumerating the circumstances
20under which a person is authorized to vote by absentee ballot
21pursuant to this Article; such document shall also include a
22statement informing the applicant that if he or she falsifies
23or is solicited by another to falsify his or her eligibility to
24cast an absentee ballot, such applicant or other is subject to
25penalties pursuant to Section 29-10 and Section 29-20 of the
26Election Code. Each election authority shall maintain a list of

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1the name, street address, ward and precinct, or township and
2district number, as the case may be, of all applicants who have
3returned absentee ballots to such authority, and the name of
4such absent voter shall be added to such list within one
5business day from receipt of such ballot. If the absentee
6ballot envelope indicates that the voter was assisted in
7casting the ballot, the name of the person so assisting shall
8be included on the list. The list, the pages of which are to be
9numbered consecutively, shall be kept by each election
10authority in a conspicuous, open, and public place accessible
11to the public at the entrance of the office of the election
12authority and in a manner that the list may be viewed without
13necessity of requesting permission for viewing.
14 Each election authority shall maintain a list for each
15election of the voters to whom it has issued absentee ballots.
16The list shall be maintained for each precinct within the
17jurisdiction of the election authority. Prior to the opening of
18the polls on election day, the election authority shall deliver
19to the judges of election in each precinct the list of
20registered voters in that precinct to whom absentee ballots
21have been issued by mail.
22 Each election authority shall maintain a list for each
23election of voters to whom it has issued temporarily absent
24student ballots. The list shall be maintained for each election
25jurisdiction within which such voters temporarily abide.
26Immediately after the close of the period during which

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1application may be made by mail or electronic means for
2absentee ballots, each election authority shall mail to each
3other election authority within the State a certified list of
4all such voters temporarily abiding within the jurisdiction of
5the other election authority.
6 In the event that the return address of an application for
7ballot by a physically incapacitated elector is that of a
8facility licensed or certified under the Nursing Home Care Act,
9the Specialized Mental Health Rehabilitation Act of 2013, or
10the ID/DD Community Care Act, within the jurisdiction of the
11election authority, and the applicant is a registered voter in
12the precinct in which such facility is located, the ballots
13shall be prepared and transmitted to a responsible judge of
14election no later than 9 a.m. on the Saturday, Sunday or Monday
15immediately preceding the election as designated by the
16election authority under Section 19-12.2. Such judge shall
17deliver in person on the designated day the ballot to the
18applicant on the premises of the facility from which
19application was made. The election authority shall by mail
20notify the applicant in such facility that the ballot will be
21delivered by a judge of election on the designated day.
22 All applications for absentee ballots shall be available at
23the office of the election authority for public inspection upon
24request from the time of receipt thereof by the election
25authority until 30 days after the election, except during the
26time such applications are kept in the office of the election

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1authority pursuant to Section 19-7, and except during the time
2such applications are in the possession of the judges of
3election.
4(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
5eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
6revised 8-9-13.)
7 (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
8 Sec. 24A-15.1. Except as herein provided, discovery
9recounts and election contests shall be conducted as otherwise
10provided for in "The Election Code", as amended. The automatic
11tabulating equipment shall be tested prior to the discovery
12recount or election contest as provided in Section 24A-9, and
13then the official ballots or ballot cards shall be recounted on
14the automatic tabulating equipment. In addition, (1) the ballot
15or ballot cards shall be checked for the presence or absence of
16judges' initials and other distinguishing marks, and (2) the
17ballots marked "Rejected", "Defective", Objected to",
18"Absentee Ballot", and "Early Ballot" shall be examined to
19determine the propriety of the such labels, and (3) the
20"Duplicate Absentee Ballots", "Duplicate Early Ballots",
21"Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots"
22shall be compared with their respective originals to determine
23the correctness of the duplicates.
24 Any person who has filed a petition for discovery recount
25may request that a redundant count be conducted in those

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1precincts in which the discovery recount is being conducted.
2The additional costs of such a redundant count shall be borne
3by the requesting party.
4 The log of the computer operator and all materials retained
5by the election authority in relation to vote tabulation and
6canvass shall be made available for any discovery recount or
7election contest.
8(Source: P.A. 94-645, eff. 8-22-05; revised 9-4-13.)
9 (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
10 Sec. 24A-16. The State Board of Elections shall approve all
11voting systems provided by this Article.
12 No voting system shall be approved unless it fulfills the
13following requirements:
14 (1) It enables a voter to vote in absolute secrecy;
15 (2) (Blank);
16 (3) It enables a voter to vote a ticket selected in
17 part from the nominees of one party, and in part from the
18 nominees of any or all parties, and in part from
19 independent candidates and in part of candidates whose
20 names are written in by the voter;
21 (4) It enables a voter to vote a written or printed
22 ticket of his own selection for any person for any office
23 for whom he may desire to vote;
24 (5) It will reject all votes for an office or upon a
25 proposition when the voter has cast more votes for such

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1 office or upon such proposition than he is entitled to
2 cast;
3 (5.5) It will identify when a voter has not voted for
4 all statewide constitutional offices;
5 (6) It will accommodate all propositions to be
6 submitted to the voters in the form provided by law or,
7 where no such form is provided, then in brief form, not to
8 exceed 75 words; .
9 (7) It will accommodate the tabulation programming
10 requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2.
11 The State Board of Elections shall not approve any voting
12equipment or system that includes an external Infrared Data
13Association (IrDA) communications port.
14 The State Board of Elections is authorized to withdraw its
15approval of a voting system if the system fails to fulfill the
16above requirements.
17 The vendor, person, or other private entity shall be solely
18responsible for the production and cost of: all application
19fees; all ballots; additional temporary workers; and other
20equipment or facilities needed and used in the testing of the
21vendor's, person's, or other private entity's respective
22equipment and software.
23 Any voting system vendor, person, or other private entity
24seeking the State Board of Elections' approval of a voting
25system shall, as part of the approval application, submit to
26the State Board a non-refundable fee. The State Board of

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1Elections by rule shall establish an appropriate fee structure,
2taking into account the type of voting system approval that is
3requested (such as approval of a new system, a modification of
4an existing system, the size of the modification, etc.). No
5voting system or modification of a voting system shall be
6approved unless the fee is paid.
7 No vendor, person, or other entity may sell, lease, or
8loan, or have a written contract, including a contract
9contingent upon State Board approval of the voting system or
10voting system component, to sell, lease, or loan, a voting
11system or voting system component to any election jurisdiction
12unless the voting system or voting system component is first
13approved by the State Board of Elections pursuant to this
14Section.
15(Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)
16 (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
17 Sec. 28-3. Form of petition for public question. Petitions
18for the submission of public questions shall consist of sheets
19of uniform size and each sheet shall contain, above the space
20for signature, an appropriate heading, giving the information
21as to the question of public policy to be submitted, and
22specifying the state at large or the political subdivision or
23district or precinct or combination of precincts or other
24territory in which it is to be submitted and, where by law the
25public question must be submitted at a particular election, the

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1election at which it is to be submitted. In the case of a
2petition for the submission of a public question described in
3subsection (b) of Section 28-6, the heading shall also specify
4the regular election at which the question is to be submitted
5and include the precincts included in the territory concerning
6which the public question is to be submitted, as well as a
7common description of such territory in plain and nonlegal
8language, such description to describe the territory by
9reference to streets, natural or artificial landmarks,
10addresses or any other method which would enable a voter
11signing the petition to be informed of the territory concerning
12which the question is to be submitted. The heading of each
13sheet shall be the same. Such petition shall be signed by the
14registered voters of the political subdivision or district or
15precinct or combination of precincts in which the question of
16public policy is to be submitted in their own proper persons
17only, and opposite the signature of each signer his residence
18address shall be written or printed, which residence address
19shall include the street address or rural route number of the
20signer, as the case may be, as well as the signer's county, and
21city, village or town, and state; provided that the county or
22city, village or town, and state of residence of such electors
23may be printed on the petition forms where all of the such
24electors signing the petition reside in the same county or
25city, village or town, and state. Standard abbreviations may be
26used in writing the residence address, including street number,

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1if any. No signature shall be valid or be counted in
2considering the validity or sufficiency of such petition unless
3the requirements of this Section are complied with.
4 At the bottom of each sheet of such petition shall be added
5a circulator's statement, signed by a person 18 years of age or
6older who is a citizen of the United States, stating the street
7address or rural route number, as the case may be, as well as
8the county, city, village or town, and state; certifying that
9the signatures on that sheet of the petition were signed in his
10or her presence and are genuine, and that to the best of his or
11her knowledge and belief the persons so signing were at the
12time of signing the petition registered voters of the political
13subdivision or district or precinct or combination of precincts
14in which the question of public policy is to be submitted and
15that their respective residences are correctly stated therein.
16Such statement shall be sworn to before some officer authorized
17to administer oaths in this State.
18 Such sheets, before being filed with the proper officer or
19board shall be bound securely and numbered consecutively. The
20sheets shall not be fastened by pasting them together end to
21end, so as to form a continuous strip or roll. All petition
22sheets which are filed with the proper local election
23officials, election authorities or the State Board of Elections
24shall be the original sheets which have been signed by the
25voters and by the circulator, and not photocopies or duplicates
26of such sheets. A petition, when presented or filed, shall not

HB5597- 53 -LRB098 15874 AMC 50917 b
1be withdrawn, altered, or added to, and no signature shall be
2revoked except by revocation in writing presented or filed with
3the board or officer with whom the petition is required to be
4presented or filed, and before the presentment or filing of
5such petition, except as may otherwise be provided in another
6statute which authorize the public question. Whoever forges any
7name of a signer upon any petition shall be deemed guilty of a
8forgery, and on conviction thereof, shall be punished
9accordingly.
10 In addition to the foregoing requirements, a petition
11proposing an amendment to Article IV of the Constitution
12pursuant to Section 3 of Article XIV of the Constitution or a
13petition proposing a question of public policy to be submitted
14to the voters of the entire State shall be in conformity with
15the requirements of Section 28-9 of this Article.
16 If multiple sets of petitions for submission of the same
17public questions are filed, the State Board of Elections,
18appropriate election authority or local election official
19where the petitions are filed shall within 2 business days
20notify the proponent of his or her multiple petition filings
21and that proponent has 3 business days after receipt of the
22notice to notify the State Board of Elections, appropriate
23election authority or local election official that he or she
24may cancel prior sets of petitions. If the proponent notifies
25the State Board of Elections, appropriate election authority or
26local election official, the last set of petitions filed shall

HB5597- 54 -LRB098 15874 AMC 50917 b
1be the only petitions to be considered valid by the State Board
2of Elections, appropriate election authority or local election
3official. If the proponent fails to notify the State Board of
4Elections, appropriate election authority or local election
5official then only the first set of petitions filed shall be
6valid and all subsequent petitions shall be void.
7(Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01;
8revised 9-12-13.)
9 Section 40. The Executive Reorganization Implementation
10Act is amended by changing Section 5 as follows:
11 (15 ILCS 15/5) (from Ch. 127, par. 1805)
12 Sec. 5. An executive order of the Governor proposing
13reorganization may not provide for, and a reorganization under
14this Act may not have the effect of:
15 (a) continuing Continuing any function beyond the period
16authorized by law for its exercise, or beyond the time when it
17would have terminated if the reorganization had not been made;
18 (b) authorizing Authorizing any agency to exercise any
19function which is not expressly authorized by law to be
20exercised by an agency in the executive branch when the
21executive order is transmitted to the General Assembly;
22 (c) increasing Increasing the term of any office beyond
23that provided by law for the office; or
24 (d) eliminating any qualifications of or procedures for

HB5597- 55 -LRB098 15874 AMC 50917 b
1selecting or appointing any agency or department head or
2commission or board member; or
3 (e) abolishing Abolishing any agency created by the
4Illinois Constitution, or transferring to any other agency any
5function conferred by the Illinois Constitution on an agency
6created by that Constitution.
7(Source: P.A. 81-984; revised 9-4-13.)
8 Section 45. The Illinois Identification Card Act is amended
9by changing Section 4 as follows:
10 (15 ILCS 335/4) (from Ch. 124, par. 24)
11 Sec. 4. Identification Card.
12 (a) The Secretary of State shall issue a standard Illinois
13Identification Card to any natural person who is a resident of
14the State of Illinois who applies for such card, or renewal
15thereof, or who applies for a standard Illinois Identification
16Card upon release as a committed person on parole, mandatory
17supervised release, aftercare release, final discharge, or
18pardon from the Department of Corrections or Department of
19Juvenile Justice by submitting an identification card issued by
20the Department of Corrections or Department of Juvenile Justice
21under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
22Corrections, together with the prescribed fees. No
23identification card shall be issued to any person who holds a
24valid foreign state identification card, license, or permit

HB5597- 56 -LRB098 15874 AMC 50917 b
1unless the person first surrenders to the Secretary of State
2the valid foreign state identification card, license, or
3permit. The card shall be prepared and supplied by the
4Secretary of State and shall include a photograph and signature
5or mark of the applicant. However, the Secretary of State may
6provide by rule for the issuance of Illinois Identification
7Cards without photographs if the applicant has a bona fide
8religious objection to being photographed or to the display of
9his or her photograph. The Illinois Identification Card may be
10used for identification purposes in any lawful situation only
11by the person to whom it was issued. As used in this Act,
12"photograph" means any color photograph or digitally produced
13and captured image of an applicant for an identification card.
14As used in this Act, "signature" means the name of a person as
15written by that person and captured in a manner acceptable to
16the Secretary of State.
17 (a-5) If an applicant for an identification card has a
18current driver's license or instruction permit issued by the
19Secretary of State, the Secretary may require the applicant to
20utilize the same residence address and name on the
21identification card, driver's license, and instruction permit
22records maintained by the Secretary. The Secretary may
23promulgate rules to implement this provision.
24 (a-10) If the applicant is a judicial officer as defined in
25Section 1-10 of the Judicial Privacy Act or a peace officer,
26the applicant may elect to have his or her office or work

HB5597- 57 -LRB098 15874 AMC 50917 b
1address listed on the card instead of the applicant's residence
2or mailing address. The Secretary may promulgate rules to
3implement this provision. For the purposes of this subsection
4(a-10), "peace officer" means any person who by virtue of his
5or her office or public employment is vested by law with a duty
6to maintain public order or to make arrests for a violation of
7any penal statute of this State, whether that duty extends to
8all violations or is limited to specific violations.
9 (b) The Secretary of State shall issue a special Illinois
10Identification Card, which shall be known as an Illinois Person
11with a Disability Identification Card, to any natural person
12who is a resident of the State of Illinois, who is a person
13with a disability as defined in Section 4A of this Act, who
14applies for such card, or renewal thereof. No Illinois Person
15with a Disability Identification Card shall be issued to any
16person who holds a valid foreign state identification card,
17license, or permit unless the person first surrenders to the
18Secretary of State the valid foreign state identification card,
19license, or permit. The Secretary of State shall charge no fee
20to issue such card. The card shall be prepared and supplied by
21the Secretary of State, and shall include a photograph and
22signature or mark of the applicant, a designation indicating
23that the card is an Illinois Person with a Disability
24Identification Card, and shall include a comprehensible
25designation of the type and classification of the applicant's
26disability as set out in Section 4A of this Act. However, the

HB5597- 58 -LRB098 15874 AMC 50917 b
1Secretary of State may provide by rule for the issuance of
2Illinois Person with a Disability Identification Cards without
3photographs if the applicant has a bona fide religious
4objection to being photographed or to the display of his or her
5photograph. If the applicant so requests, the card shall
6include a description of the applicant's disability and any
7information about the applicant's disability or medical
8history which the Secretary determines would be helpful to the
9applicant in securing emergency medical care. If a mark is used
10in lieu of a signature, such mark shall be affixed to the card
11in the presence of two witnesses who attest to the authenticity
12of the mark. The Illinois Person with a Disability
13Identification Card may be used for identification purposes in
14any lawful situation by the person to whom it was issued.
15 The Illinois Person with a Disability Identification Card
16may be used as adequate documentation of disability in lieu of
17a physician's determination of disability, a determination of
18disability from a physician assistant who has been delegated
19the authority to make this determination by his or her
20supervising physician, a determination of disability from an
21advanced practice nurse who has a written collaborative
22agreement with a collaborating physician that authorizes the
23advanced practice nurse to make this determination, or any
24other documentation of disability whenever any State law
25requires that a disabled person provide such documentation of
26disability, however an Illinois Person with a Disability

HB5597- 59 -LRB098 15874 AMC 50917 b
1Identification Card shall not qualify the cardholder to
2participate in any program or to receive any benefit which is
3not available to all persons with like disabilities.
4Notwithstanding any other provisions of law, an Illinois Person
5with a Disability Identification Card, or evidence that the
6Secretary of State has issued an Illinois Person with a
7Disability Identification Card, shall not be used by any person
8other than the person named on such card to prove that the
9person named on such card is a disabled person or for any other
10purpose unless the card is used for the benefit of the person
11named on such card, and the person named on such card consents
12to such use at the time the card is so used.
13 An optometrist's determination of a visual disability
14under Section 4A of this Act is acceptable as documentation for
15the purpose of issuing an Illinois Person with a Disability
16Identification Card.
17 When medical information is contained on an Illinois Person
18with a Disability Identification Card, the Office of the
19Secretary of State shall not be liable for any actions taken
20based upon that medical information.
21 (c) The Secretary of State shall provide that each original
22or renewal Illinois Identification Card or Illinois Person with
23a Disability Identification Card issued to a person under the
24age of 21 shall be of a distinct nature from those Illinois
25Identification Cards or Illinois Person with a Disability
26Identification Cards issued to individuals 21 years of age or

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1older. The color designated for Illinois Identification Cards
2or Illinois Person with a Disability Identification Cards for
3persons under the age of 21 shall be at the discretion of the
4Secretary of State.
5 (c-1) Each original or renewal Illinois Identification
6Card or Illinois Person with a Disability Identification Card
7issued to a person under the age of 21 shall display the date
8upon which the person becomes 18 years of age and the date upon
9which the person becomes 21 years of age.
10 (c-3) The General Assembly recognizes the need to identify
11military veterans living in this State for the purpose of
12ensuring that they receive all of the services and benefits to
13which they are legally entitled, including healthcare,
14education assistance, and job placement. To assist the State in
15identifying these veterans and delivering these vital services
16and benefits, the Secretary of State is authorized to issue
17Illinois Identification Cards and Illinois Person with a
18Disability Identification Cards with the word "veteran"
19appearing on the face of the cards. This authorization is
20predicated on the unique status of veterans. The Secretary may
21not issue any other identification card which identifies an
22occupation, status, affiliation, hobby, or other unique
23characteristics of the identification card holder which is
24unrelated to the purpose of the identification card.
25 (c-5) Beginning on or before July 1, 2015, the Secretary of
26State shall designate a space on each original or renewal

HB5597- 61 -LRB098 15874 AMC 50917 b
1identification card where, at the request of the applicant, the
2word "veteran" shall be placed. The veteran designation shall
3be available to a person identified as a veteran under
4subsection (b) of Section 5 of this Act who was discharged or
5separated under honorable conditions.
6 (d) The Secretary of State may issue a Senior Citizen
7discount card, to any natural person who is a resident of the
8State of Illinois who is 60 years of age or older and who
9applies for such a card or renewal thereof. The Secretary of
10State shall charge no fee to issue such card. The card shall be
11issued in every county and applications shall be made available
12at, but not limited to, nutrition sites, senior citizen centers
13and Area Agencies on Aging. The applicant, upon receipt of such
14card and prior to its use for any purpose, shall have affixed
15thereon in the space provided therefor his signature or mark.
16 (e) The Secretary of State, in his or her discretion, may
17designate on each Illinois Identification Card or Illinois
18Person with a Disability Identification Card a space where the
19card holder may place a sticker or decal, issued by the
20Secretary of State, of uniform size as the Secretary may
21specify, that shall indicate in appropriate language that the
22card holder has renewed his or her Illinois Identification Card
23or Illinois Person with a Disability Identification Card.
24(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
25eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
26eff. 8-16-13; 98-558, eff. 1-1-14; revised 9-4-13.)

HB5597- 62 -LRB098 15874 AMC 50917 b
1 Section 50. The State Comptroller Act is amended by
2changing Sections 10 and 10.10 as follows:
3 (15 ILCS 405/10) (from Ch. 15, par. 210)
4 Sec. 10. Warrants; procedure Warrants- Procedure. The
5powers and duties of the Comptroller comptroller as respects
6warrants are set out in the Sections following this Section and
7preceding Section 11 Sections 10.01 through 10.15.
8(Source: P.A. 77-2807; revised 9-4-13.)
9 (15 ILCS 405/10.10) (from Ch. 15, par. 210.10)
10 Sec. 10.10. (a) If any Comptroller's warrant is lost,
11mislaid or destroyed, or becomes void after issuance, so that
12it cannot be presented for payment by the person entitled
13thereto, the Comptroller, at any time before that warrant is
14paid by the State Treasurer, but within 5 years of the date of
15issuance, may issue a replacement warrant to the person
16entitled thereto. If the original warrant was not cancelled or
17did not become void, the Comptroller, before issuing the
18replacement warrant, shall issue a stop payment order on the
19State Treasurer and receive a confirmation of the stop payment
20order on the original warrant from the State Treasurer.
21 (b) Only the person entitled to the original warrant, or
22his heirs or legal representatives, or a third party to whom it
23was properly negotiated or the heirs or legal representatives

HB5597- 63 -LRB098 15874 AMC 50917 b
1of such party, may request a replacement warrant. In the case
2of a warrant issued to a payee who dies before the warrant is
3paid by the State Treasurer and whose estate has been probated
4pursuant to law, the Comptroller, upon receipt of a certified
5copy of a judicial order establishing the person or entity
6entitled to payment, may issue a replacement warrant to such
7person or entity.
8 (c) Within 12 months from the date of issuance of the
9original warrant, if the original warrant has not been canceled
10for redeposit, the Comptroller may issue a replacement warrant
11on the original voucher drawing upon the same fund and charging
12the same appropriation or other expenditure authorization as
13the original warrant.
14 (d) Within 12 months from the date of issuance of the
15original warrant, if the original warrant has been canceled for
16redeposit, and if the issuance of the replacement warrant would
17not over-obligate the appropriation or other expenditure
18authority against which it is drawn, the Comptroller may issue
19the replacement warrant. If the original warrant was issued
20against an appropriation or other expenditure authority which
21has lapsed, the replacement warrant shall be drawn on the
22Warrant Escheat Fund. If the appropriation or other
23obligational authority against which the replacement warrant
24is drawn has not lapsed, the Comptroller shall notify the
25originating agency of the request for a replacement warrant and
26shall receive a replacement voucher from that agency before

HB5597- 64 -LRB098 15874 AMC 50917 b
1drawing the replacement warrant, which shall be drawn on the
2same fund and charged to the same appropriation or other
3expenditure authority as the original warrant.
4 (e) Within 12 months from the date of issuance of the
5original warrant, if the original warrant has been canceled for
6redeposit, the Comptroller may not issue a replacement warrant
7where such issuance would over-obligate the appropriation or
8other expenditure authority against which the original warrant
9was drawn. Whenever the Comptroller is presented with a request
10for a replacement warrant which may not be issued under the
11limitation of this subsection, if the appropriation or other
12expenditure authority against which the original warrant was
13drawn has not lapsed, the Comptroller shall immediately inform
14the originating agency of the request and that the request may
15not be honored because of the resulting over-obligation, and
16shall request the agency to determine whether or not that
17agency will take some corrective action before the applicable
18expenditure authorization lapses. The originating agency shall
19respond to the Comptroller's inquiry within 5 business days.
20 (f) After 12 months from the date of issuance of the
21original warrant, if the original warrant has not been
22cancelled for redeposit, the Comptroller shall issue the
23replacement warrant on the Warrant Escheat Fund.
24 (f-5) After 5 years from the date of issuance of the
25original warrant but no later than 10 years after that date,
26the Comptroller may issue a replacement warrant on the Warrant

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1Escheat Fund to a person or entity entitled thereto, as those
2persons and entities are described in subsection (b) of this
3Section, if the following requirements are met:
4 (1) the person or entity verifies that the person or
5 entity is they are entitled to the original warrant;
6 (2) in the case of a warrant that is not presented by
7 the requestor, the paying agency certifies that the
8 original payee is still entitled to the payment; and
9 (3) the Comptroller's records are available and
10 confirm that the warrant was not replaced.
11 (g) Except as provided in this Section, requests for
12replacement warrants for more than $500 shall show entitlement
13to such warrant by including an affidavit, in writing, sworn
14before a person authorized to administer oaths and
15affirmations, stating the loss or destruction of the warrant,
16or the fact that the warrant is void. However, when the written
17request for a replacement warrant submitted by the person to
18whom the original warrant was issued is accompanied by the
19original warrant, no affidavit is required. Requests for
20replacement warrants for $500 or less shall show entitlement to
21such warrant by submitting a written statement of the loss or
22destruction of the warrant, or the fact that the warrant is
23void on an application form prescribed by the Comptroller. If
24the person requesting the replacement is in possession of the
25original warrant, or any part thereof, the original warrant or
26the part thereof must accompany the request for replacement.

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1The Comptroller shall then draw such replacement warrant, and
2the treasurer shall pay the replacement warrant. If at the time
3of a loss or destruction a warrant was negotiated to a third
4party, however (which fact shall be ascertained by the oath of
5the party making the application, or otherwise), before the
6replacement warrant is drawn by the Comptroller, the person
7requesting the replacement warrant must give the Comptroller a
8bond or bonds with sufficient sureties, to be approved by the
9Comptroller, when required by regulation of the Comptroller,
10payable to the People of the State of Illinois, for the
11refunding of the amount, together with all costs and charges,
12should the State afterwards be compelled to pay the original
13warrant.
14(Source: P.A. 98-411, eff. 8-16-13; revised 11-14-13.)
15 Section 55. The Illinois Act on the Aging is amended by
16changing Section 4.01 as follows:
17 (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
18 Sec. 4.01. Additional powers and duties of the Department.
19In addition to powers and duties otherwise provided by law, the
20Department shall have the following powers and duties:
21 (1) To evaluate all programs, services, and facilities for
22the aged and for minority senior citizens within the State and
23determine the extent to which present public or private
24programs, services and facilities meet the needs of the aged.

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1 (2) To coordinate and evaluate all programs, services, and
2facilities for the Aging and for minority senior citizens
3presently furnished by State agencies and make appropriate
4recommendations regarding such services, programs and
5facilities to the Governor and/or the General Assembly.
6 (2-a) To request, receive, and share information
7electronically through the use of data-sharing agreements for
8the purpose of (i) establishing and verifying the initial and
9continuing eligibility of older adults to participate in
10programs administered by the Department; (ii) maximizing
11federal financial participation in State assistance
12expenditures; and (iii) investigating allegations of fraud or
13other abuse of publicly funded benefits. Notwithstanding any
14other law to the contrary, but only for the limited purposes
15identified in the preceding sentence, this paragraph (2-a)
16expressly authorizes the exchanges of income, identification,
17and other pertinent eligibility information by and among the
18Department and the Social Security Administration, the
19Department of Employment Security, the Department of
20Healthcare and Family Services, the Department of Human
21Services, the Department of Revenue, the Secretary of State,
22the U.S. Department of Veterans Affairs, and any other
23governmental entity. The confidentiality of information
24otherwise shall be maintained as required by law. In addition,
25the Department on Aging shall verify employment information at
26the request of a community care provider for the purpose of

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1ensuring program integrity under the Community Care Program.
2 (3) To function as the sole State agency to develop a
3comprehensive plan to meet the needs of the State's senior
4citizens and the State's minority senior citizens.
5 (4) To receive and disburse State and federal funds made
6available directly to the Department including those funds made
7available under the Older Americans Act and the Senior
8Community Service Employment Program for providing services
9for senior citizens and minority senior citizens or for
10purposes related thereto, and shall develop and administer any
11State Plan for the Aging required by federal law.
12 (5) To solicit, accept, hold, and administer in behalf of
13the State any grants or legacies of money, securities, or
14property to the State of Illinois for services to senior
15citizens and minority senior citizens or purposes related
16thereto.
17 (6) To provide consultation and assistance to communities,
18area agencies on aging, and groups developing local services
19for senior citizens and minority senior citizens.
20 (7) To promote community education regarding the problems
21of senior citizens and minority senior citizens through
22institutes, publications, radio, television and the local
23press.
24 (8) To cooperate with agencies of the federal government in
25studies and conferences designed to examine the needs of senior
26citizens and minority senior citizens and to prepare programs

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1and facilities to meet those needs.
2 (9) To establish and maintain information and referral
3sources throughout the State when not provided by other
4agencies.
5 (10) To provide the staff support that may reasonably be
6required by the Council.
7 (11) To make and enforce rules and regulations necessary
8and proper to the performance of its duties.
9 (12) To establish and fund programs or projects or
10experimental facilities that are specially designed as
11alternatives to institutional care.
12 (13) To develop a training program to train the counselors
13presently employed by the Department's aging network to provide
14Medicare beneficiaries with counseling and advocacy in
15Medicare, private health insurance, and related health care
16coverage plans. The Department shall report to the General
17Assembly on the implementation of the training program on or
18before December 1, 1986.
19 (14) To make a grant to an institution of higher learning
20to study the feasibility of establishing and implementing an
21affirmative action employment plan for the recruitment,
22hiring, training and retraining of persons 60 or more years old
23for jobs for which their employment would not be precluded by
24law.
25 (15) To present one award annually in each of the
26categories of community service, education, the performance

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1and graphic arts, and the labor force to outstanding Illinois
2senior citizens and minority senior citizens in recognition of
3their individual contributions to either community service,
4education, the performance and graphic arts, or the labor
5force. The awards shall be presented to 4 senior citizens and
6minority senior citizens selected from a list of 44 nominees
7compiled annually by the Department. Nominations shall be
8solicited from senior citizens' service providers, area
9agencies on aging, senior citizens' centers, and senior
10citizens' organizations. The Department shall establish a
11central location within the State to be designated as the
12Senior Illinoisans Hall of Fame for the public display of all
13the annual awards, or replicas thereof.
14 (16) To establish multipurpose senior centers through area
15agencies on aging and to fund those new and existing
16multipurpose senior centers through area agencies on aging, the
17establishment and funding to begin in such areas of the State
18as the Department shall designate by rule and as specifically
19appropriated funds become available.
20 (17) To develop the content and format of the
21acknowledgment regarding non-recourse reverse mortgage loans
22under Section 6.1 of the Illinois Banking Act; to provide
23independent consumer information on reverse mortgages and
24alternatives; and to refer consumers to independent counseling
25services with expertise in reverse mortgages.
26 (18) To develop a pamphlet in English and Spanish which may

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1be used by physicians licensed to practice medicine in all of
2its branches pursuant to the Medical Practice Act of 1987,
3pharmacists licensed pursuant to the Pharmacy Practice Act, and
4Illinois residents 65 years of age or older for the purpose of
5assisting physicians, pharmacists, and patients in monitoring
6prescriptions provided by various physicians and to aid persons
765 years of age or older in complying with directions for
8proper use of pharmaceutical prescriptions. The pamphlet may
9provide space for recording information including but not
10limited to the following:
11 (a) name and telephone number of the patient;
12 (b) name and telephone number of the prescribing
13 physician;
14 (c) date of prescription;
15 (d) name of drug prescribed;
16 (e) directions for patient compliance; and
17 (f) name and telephone number of dispensing pharmacy.
18 In developing the pamphlet, the Department shall consult
19with the Illinois State Medical Society, the Center for
20Minority Health Services, the Illinois Pharmacists Association
21and senior citizens organizations. The Department shall
22distribute the pamphlets to physicians, pharmacists and
23persons 65 years of age or older or various senior citizen
24organizations throughout the State.
25 (19) To conduct a study of the feasibility of implementing
26the Senior Companion Program throughout the State.

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1 (20) The reimbursement rates paid through the community
2care program for chore housekeeping services and home care
3aides shall be the same.
4 (21) From funds appropriated to the Department from the
5Meals on Wheels Fund, a special fund in the State treasury that
6is hereby created, and in accordance with State and federal
7guidelines and the intrastate funding formula, to make grants
8to area agencies on aging, designated by the Department, for
9the sole purpose of delivering meals to homebound persons 60
10years of age and older.
11 (22) To distribute, through its area agencies on aging,
12information alerting seniors on safety issues regarding
13emergency weather conditions, including extreme heat and cold,
14flooding, tornadoes, electrical storms, and other severe storm
15weather. The information shall include all necessary
16instructions for safety and all emergency telephone numbers of
17organizations that will provide additional information and
18assistance.
19 (23) To develop guidelines for the organization and
20implementation of Volunteer Services Credit Programs to be
21administered by Area Agencies on Aging or community based
22senior service organizations. The Department shall hold public
23hearings on the proposed guidelines for public comment,
24suggestion, and determination of public interest. The
25guidelines shall be based on the findings of other states and
26of community organizations in Illinois that are currently

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1operating volunteer services credit programs or demonstration
2volunteer services credit programs. The Department shall offer
3guidelines for all aspects of the programs including, but not
4limited to, the following:
5 (a) types of services to be offered by volunteers;
6 (b) types of services to be received upon the
7 redemption of service credits;
8 (c) issues of liability for the volunteers and the
9 administering organizations;
10 (d) methods of tracking service credits earned and
11 service credits redeemed;
12 (e) issues of time limits for redemption of service
13 credits;
14 (f) methods of recruitment of volunteers;
15 (g) utilization of community volunteers, community
16 service groups, and other resources for delivering
17 services to be received by service credit program clients;
18 (h) accountability and assurance that services will be
19 available to individuals who have earned service credits;
20 and
21 (i) volunteer screening and qualifications.
22The Department shall submit a written copy of the guidelines to
23the General Assembly by July 1, 1998.
24 (24) To function as the sole State agency to receive and
25disburse State and federal funds for providing adult protective
26services in a domestic living situation in accordance with the

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1Adult Protective Services Act.
2 (25) (24) To hold conferences, trainings, and other
3programs for which the Department shall determine by rule a
4reasonable fee to cover related administrative costs. Rules to
5implement the fee authority granted by this paragraph (25) (24)
6must be adopted in accordance with all provisions of the
7Illinois Administrative Procedure Act and all rules and
8procedures of the Joint Committee on Administrative Rules; any
9purported rule not so adopted, for whatever reason, is
10unauthorized.
11(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
12eff. 8-16-13; revised 9-4-13.)
13 Section 60. The Department of Central Management Services
14Law of the Civil Administrative Code of Illinois is amended by
15changing Sections 405-120 and 405-335 as follows:
16 (20 ILCS 405/405-120) (was 20 ILCS 405/67.29)
17 Sec. 405-120. Hispanic, Asian-American, and bilingual
18employees. The Department shall develop and implement plans to
19increase the number of Hispanics employed by State government
20and the number of bilingual persons employed in State
21government at supervisory, technical, professional, and
22managerial levels.
23 The Department shall prepare and revise annually a State
24Hispanic Employment Plan and a State Asian-American Employment

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1Plan in consultation with individuals and organizations
2informed on these subjects, including the Hispanic Employment
3Plan Advisory Council and the Asian-American Employment Plan
4Advisory Council. The Department shall report to the General
5Assembly by February 1 of each year each State agency's
6activities in implementing the State Hispanic Employment Plan
7and the State Asian-American Employment Plan.
8(Source: P.A. 97-856, eff. 7-27-12; 98-329, eff. 1-1-14;
9revised 10-8-13.)
10 (20 ILCS 405/405-335)
11 Sec. 405-335. Illinois Transparency and Accountability
12Portal (ITAP).
13 (a) The Department, within 12 months after the effective
14date of this amendatory Act of the 96th General Assembly, shall
15establish and maintain a website, known as the Illinois
16Transparency and Accountability Portal (ITAP), with a
17full-time webmaster tasked with compiling and updating the ITAP
18database with information received from all State agencies as
19defined in this Section. Subject to appropriation, the
20full-time webmaster must also compile and update the ITAP
21database with information received from all counties,
22townships, library districts, and municipalities.
23 (b) For purposes of this Section:
24 "State agency" means the offices of the constitutional
25officers identified in Article V of the Illinois Constitution,

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1executive agencies, and departments, boards, commissions, and
2Authorities under the Governor.
3 "Contracts" means payment obligations with vendors on file
4with the Office of the Comptroller to purchase goods and
5services exceeding $10,000 in value (or, in the case of
6professional or artistic services, exceeding $5,000 in value).
7 "Appropriation" means line-item detail of spending
8approved by the General Assembly and Governor, categorized by
9object of expenditure.
10 "Individual consultants" means temporary workers eligible
11to receive State benefits paid on a State payroll.
12 "Recipients" means State agencies receiving
13appropriations.
14 (c) The ITAP shall provide direct access to each of the
15following:
16 (1) A database of all current State employees and
17 individual consultants, except sworn law enforcement
18 officers, sorted separately by:
19 (i) Name.
20 (ii) Employing State agency.
21 (iii) Employing State division.
22 (iv) Employment position title.
23 (v) Current pay rate and year-to-date pay.
24 (2) A database of all current State expenditures,
25 sorted separately by agency, category, recipient, and
26 Representative District.

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1 (3) A database of all development assistance
2 reportable pursuant to the Corporate Accountability for
3 Tax Expenditures Act, sorted separately by tax credit
4 category, taxpayer, and Representative District.
5 (4) A database of all revocations and suspensions of
6 State occupation and use tax certificates of registration
7 and all revocations and suspensions of State professional
8 licenses, sorted separately by name, geographic location,
9 and certificate of registration number or license number,
10 as applicable. Professional license revocations and
11 suspensions shall be posted only if resulting from a
12 failure to pay taxes, license fees, or child support.
13 (5) A database of all current State contracts, sorted
14 separately by contractor name, awarding officer or agency,
15 contract value, and goods or services provided.
16 (6) A database of all employees hired after the
17 effective date of this amendatory Act of 2010, sorted
18 searchably by each of the following at the time of
19 employment:
20 (i) Name.
21 (ii) Employing State agency.
22 (iii) Employing State division.
23 (iv) Employment position title.
24 (v) Current pay rate and year-to-date pay.
25 (vi) County of employment location.
26 (vii) Rutan status.

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1 (viii) Status of position as subject to collective
2 bargaining, subject to merit compensation, or exempt
3 under Section 4d of the Personnel Code.
4 (ix) Employment status as probationary, trainee,
5 intern, certified, or exempt from certification.
6 (x) Status as a military veteran.
7 (7) A searchable database of all current county,
8 township, library district, and municipal employees sorted
9 separately by:
10 (i) Employing unit of local government.
11 (ii) Employment position title.
12 (iii) Current pay rate and year-to-date pay.
13 (8) A searchable database of all county, township, and
14 municipal employees hired on or after the effective date of
15 this amendatory Act of the 97th General Assembly, sorted
16 separately by each of the following at the time of
17 employment:
18 (i) Employing unit of local government.
19 (ii) Employment position title.
20 (iii) Current pay rate and year-to-date pay.
21 (9) A searchable database of all library district
22 employees hired on or after August 9, 2013 (the effective
23 date of Public Act 98-246) this amendatory Act of the 98th
24 General Assembly, sorted separately by each of the
25 following at the time of employment:
26 (i) Employing unit of local government.

HB5597- 79 -LRB098 15874 AMC 50917 b
1 (ii) Employment position title.
2 (iii) Current pay rate and year-to-date pay.
3 (d) The ITAP shall include all information required to be
4published by subsection (c) of this Section that is available
5to the Department in a format the Department can compile and
6publish on the ITAP. The Department shall update the ITAP as
7additional information becomes available in a format that can
8be compiled and published on the ITAP by the Department.
9 (e) Each State agency, county, township, library district,
10and municipality shall cooperate with the Department in
11furnishing the information necessary for the implementation of
12this Section within a timeframe specified by the Department.
13 (f) Each county, township, library district, or
14municipality submitting information to be displayed on the
15Illinois Transparency and Accountability Portal (ITAP) is
16responsible for the accuracy of the information provided.
17 (g) The Department, within 6 months after January 1, 2014
18(the effective date of Public Act 98-283) this amendatory Act
19of the 98th General Assembly, shall distribute a spreadsheet or
20otherwise make data entry available to each State agency to
21facilitate the collection of data on the State's annual
22workforce characteristics, workforce compensation, and
23employee mobility. The Department shall determine the data to
24be collected by each State agency. Each State agency shall
25cooperate with the Department in furnishing the data necessary
26for the implementation of this subsection within the timeframe

HB5597- 80 -LRB098 15874 AMC 50917 b
1specified by the Department. The Department shall publish the
2data received from each State agency on the ITAP or another
3open data site annually.
4(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283,
5eff. 1-1-14; revised 9-4-13.)
6 Section 65. The Children and Family Services Act is amended
7by changing Section 5 as follows:
8 (20 ILCS 505/5) (from Ch. 23, par. 5005)
9 Sec. 5. Direct child welfare services; Department of
10Children and Family Services. To provide direct child welfare
11services when not available through other public or private
12child care or program facilities.
13 (a) For purposes of this Section:
14 (1) "Children" means persons found within the State who
15 are under the age of 18 years. The term also includes
16 persons under age 21 who:
17 (A) were committed to the Department pursuant to
18 the Juvenile Court Act or the Juvenile Court Act of
19 1987, as amended, prior to the age of 18 and who
20 continue under the jurisdiction of the court; or
21 (B) were accepted for care, service and training by
22 the Department prior to the age of 18 and whose best
23 interest in the discretion of the Department would be
24 served by continuing that care, service and training

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

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1 and the families when the child can be cared for at
2 home without endangering the child's health and
3 safety;
4 (E) placing children in suitable adoptive homes,
5 in cases where restoration to the biological family is
6 not safe, possible or appropriate;
7 (F) assuring safe and adequate care of children
8 away from their homes, in cases where the child cannot
9 be returned home or cannot be placed for adoption. At
10 the time of placement, the Department shall consider
11 concurrent planning, as described in subsection (l-1)
12 of this Section so that permanency may occur at the
13 earliest opportunity. Consideration should be given so
14 that if reunification fails or is delayed, the
15 placement made is the best available placement to
16 provide permanency for the child;
17 (G) (blank);
18 (H) (blank); and
19 (I) placing and maintaining children in facilities
20 that provide separate living quarters for children
21 under the age of 18 and for children 18 years of age
22 and older, unless a child 18 years of age is in the
23 last year of high school education or vocational
24 training, in an approved individual or group treatment
25 program, in a licensed shelter facility, or secure
26 child care facility. The Department is not required to

HB5597- 83 -LRB098 15874 AMC 50917 b
1 place or maintain children:
2 (i) who are in a foster home, or
3 (ii) who are persons with a developmental
4 disability, as defined in the Mental Health and
5 Developmental Disabilities Code, or
6 (iii) who are female children who are
7 pregnant, pregnant and parenting or parenting, or
8 (iv) who are siblings, in facilities that
9 provide separate living quarters for children 18
10 years of age and older and for children under 18
11 years of age.
12 (b) Nothing in this Section shall be construed to authorize
13the expenditure of public funds for the purpose of performing
14abortions.
15 (c) The Department shall establish and maintain
16tax-supported child welfare services and extend and seek to
17improve voluntary services throughout the State, to the end
18that services and care shall be available on an equal basis
19throughout the State to children requiring such services.
20 (d) The Director may authorize advance disbursements for
21any new program initiative to any agency contracting with the
22Department. As a prerequisite for an advance disbursement, the
23contractor must post a surety bond in the amount of the advance
24disbursement and have a purchase of service contract approved
25by the Department. The Department may pay up to 2 months
26operational expenses in advance. The amount of the advance

HB5597- 84 -LRB098 15874 AMC 50917 b
1disbursement shall be prorated over the life of the contract or
2the remaining months of the fiscal year, whichever is less, and
3the installment amount shall then be deducted from future
4bills. Advance disbursement authorizations for new initiatives
5shall not be made to any agency after that agency has operated
6during 2 consecutive fiscal years. The requirements of this
7Section concerning advance disbursements shall not apply with
8respect to the following: payments to local public agencies for
9child day care services as authorized by Section 5a of this
10Act; and youth service programs receiving grant funds under
11Section 17a-4.
12 (e) (Blank).
13 (f) (Blank).
14 (g) The Department shall establish rules and regulations
15concerning its operation of programs designed to meet the goals
16of child safety and protection, family preservation, family
17reunification, and adoption, including but not limited to:
18 (1) adoption;
19 (2) foster care;
20 (3) family counseling;
21 (4) protective services;
22 (5) (blank);
23 (6) homemaker service;
24 (7) return of runaway children;
25 (8) (blank);
26 (9) placement under Section 5-7 of the Juvenile Court

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1 Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
2 Court Act of 1987 in accordance with the federal Adoption
3 Assistance and Child Welfare Act of 1980; and
4 (10) interstate services.
5 Rules and regulations established by the Department shall
6include provisions for training Department staff and the staff
7of Department grantees, through contracts with other agencies
8or resources, in alcohol and drug abuse screening techniques
9approved by the Department of Human Services, as a successor to
10the Department of Alcoholism and Substance Abuse, for the
11purpose of identifying children and adults who should be
12referred to an alcohol and drug abuse treatment program for
13professional evaluation.
14 (h) If the Department finds that there is no appropriate
15program or facility within or available to the Department for a
16ward and that no licensed private facility has an adequate and
17appropriate program or none agrees to accept the ward, the
18Department shall create an appropriate individualized,
19program-oriented plan for such ward. The plan may be developed
20within the Department or through purchase of services by the
21Department to the extent that it is within its statutory
22authority to do.
23 (i) Service programs shall be available throughout the
24State and shall include but not be limited to the following
25services:
26 (1) case management;

HB5597- 86 -LRB098 15874 AMC 50917 b
1 (2) homemakers;
2 (3) counseling;
3 (4) parent education;
4 (5) day care; and
5 (6) emergency assistance and advocacy.
6 In addition, the following services may be made available
7to assess and meet the needs of children and families:
8 (1) comprehensive family-based services;
9 (2) assessments;
10 (3) respite care; and
11 (4) in-home health services.
12 The Department shall provide transportation for any of the
13services it makes available to children or families or for
14which it refers children or families.
15 (j) The Department may provide categories of financial
16assistance and education assistance grants, and shall
17establish rules and regulations concerning the assistance and
18grants, to persons who adopt physically or mentally
19handicapped, older and other hard-to-place children who (i)
20immediately prior to their adoption were legal wards of the
21Department or (ii) were determined eligible for financial
22assistance with respect to a prior adoption and who become
23available for adoption because the prior adoption has been
24dissolved and the parental rights of the adoptive parents have
25been terminated or because the child's adoptive parents have
26died. The Department may continue to provide financial

HB5597- 87 -LRB098 15874 AMC 50917 b
1assistance and education assistance grants for a child who was
2determined eligible for financial assistance under this
3subsection (j) in the interim period beginning when the child's
4adoptive parents died and ending with the finalization of the
5new adoption of the child by another adoptive parent or
6parents. The Department may also provide categories of
7financial assistance and education assistance grants, and
8shall establish rules and regulations for the assistance and
9grants, to persons appointed guardian of the person under
10Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
114-25 or 5-740 of the Juvenile Court Act of 1987 for children
12who were wards of the Department for 12 months immediately
13prior to the appointment of the guardian.
14 The amount of assistance may vary, depending upon the needs
15of the child and the adoptive parents, as set forth in the
16annual assistance agreement. Special purpose grants are
17allowed where the child requires special service but such costs
18may not exceed the amounts which similar services would cost
19the Department if it were to provide or secure them as guardian
20of the child.
21 Any financial assistance provided under this subsection is
22inalienable by assignment, sale, execution, attachment,
23garnishment, or any other remedy for recovery or collection of
24a judgment or debt.
25 (j-5) The Department shall not deny or delay the placement
26of a child for adoption if an approved family is available

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1either outside of the Department region handling the case, or
2outside of the State of Illinois.
3 (k) The Department shall accept for care and training any
4child who has been adjudicated neglected or abused, or
5dependent committed to it pursuant to the Juvenile Court Act or
6the Juvenile Court Act of 1987.
7 (l) The Department shall offer family preservation
8services, as defined in Section 8.2 of the Abused and Neglected
9Child Reporting Act, to help families, including adoptive and
10extended families. Family preservation services shall be
11offered (i) to prevent the placement of children in substitute
12care when the children can be cared for at home or in the
13custody of the person responsible for the children's welfare,
14(ii) to reunite children with their families, or (iii) to
15maintain an adoptive placement. Family preservation services
16shall only be offered when doing so will not endanger the
17children's health or safety. With respect to children who are
18in substitute care pursuant to the Juvenile Court Act of 1987,
19family preservation services shall not be offered if a goal
20other than those of subdivisions (A), (B), or (B-1) of
21subsection (2) of Section 2-28 of that Act has been set.
22Nothing in this paragraph shall be construed to create a
23private right of action or claim on the part of any individual
24or child welfare agency, except that when a child is the
25subject of an action under Article II of the Juvenile Court Act
26of 1987 and the child's service plan calls for services to

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

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1under the "differential response program" provided for in
2subsection (a-5) of Section 7.4 of the Abused and Neglected
3Child Reporting Act.
4 The Department may, at its discretion except for those
5children also adjudicated neglected or dependent, accept for
6care and training any child who has been adjudicated addicted,
7as a truant minor in need of supervision or as a minor
8requiring authoritative intervention, under the Juvenile Court
9Act or the Juvenile Court Act of 1987, but no such child shall
10be committed to the Department by any court without the
11approval of the Department. A minor charged with a criminal
12offense under the Criminal Code of 1961 or the Criminal Code of
132012 or adjudicated delinquent shall not be placed in the
14custody of or committed to the Department by any court, except
15(i) a minor less than 15 years of age committed to the
16Department under Section 5-710 of the Juvenile Court Act of
171987, (ii) a minor for whom an independent basis of abuse,
18neglect, or dependency exists, which must be defined by
19departmental rule, or (iii) a minor for whom the court has
20granted a supplemental petition to reinstate wardship pursuant
21to subsection (2) of Section 2-33 of the Juvenile Court Act of
221987. An independent basis exists when the allegations or
23adjudication of abuse, neglect, or dependency do not arise from
24the same facts, incident, or circumstances which give rise to a
25charge or adjudication of delinquency.
26 As soon as is possible after August 7, 2009 (the effective

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1date of Public Act 96-134), the Department shall develop and
2implement a special program of family preservation services to
3support intact, foster, and adoptive families who are
4experiencing extreme hardships due to the difficulty and stress
5of caring for a child who has been diagnosed with a pervasive
6developmental disorder if the Department determines that those
7services are necessary to ensure the health and safety of the
8child. The Department may offer services to any family whether
9or not a report has been filed under the Abused and Neglected
10Child Reporting Act. The Department may refer the child or
11family to services available from other agencies in the
12community if the conditions in the child's or family's home are
13reasonably likely to subject the child or family to future
14reports of suspected child abuse or neglect. Acceptance of
15these services shall be voluntary. The Department shall develop
16and implement a public information campaign to alert health and
17social service providers and the general public about these
18special family preservation services. The nature and scope of
19the services offered and the number of families served under
20the special program implemented under this paragraph shall be
21determined by the level of funding that the Department annually
22allocates for this purpose. The term "pervasive developmental
23disorder" under this paragraph means a neurological condition,
24including but not limited to, Asperger's Syndrome and autism,
25as defined in the most recent edition of the Diagnostic and
26Statistical Manual of Mental Disorders of the American

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1Psychiatric Association.
2 (l-1) The legislature recognizes that the best interests of
3the child require that the child be placed in the most
4permanent living arrangement as soon as is practically
5possible. To achieve this goal, the legislature directs the
6Department of Children and Family Services to conduct
7concurrent planning so that permanency may occur at the
8earliest opportunity. Permanent living arrangements may
9include prevention of placement of a child outside the home of
10the family when the child can be cared for at home without
11endangering the child's health or safety; reunification with
12the family, when safe and appropriate, if temporary placement
13is necessary; or movement of the child toward the most
14permanent living arrangement and permanent legal status.
15 When determining reasonable efforts to be made with respect
16to a child, as described in this subsection, and in making such
17reasonable efforts, the child's health and safety shall be the
18paramount concern.
19 When a child is placed in foster care, the Department shall
20ensure and document that reasonable efforts were made to
21prevent or eliminate the need to remove the child from the
22child's home. The Department must make reasonable efforts to
23reunify the family when temporary placement of the child occurs
24unless otherwise required, pursuant to the Juvenile Court Act
25of 1987. At any time after the dispositional hearing where the
26Department believes that further reunification services would

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1be ineffective, it may request a finding from the court that
2reasonable efforts are no longer appropriate. The Department is
3not required to provide further reunification services after
4such a finding.
5 A decision to place a child in substitute care shall be
6made with considerations of the child's health, safety, and
7best interests. At the time of placement, consideration should
8also be given so that if reunification fails or is delayed, the
9placement made is the best available placement to provide
10permanency for the child.
11 The Department shall adopt rules addressing concurrent
12planning for reunification and permanency. The Department
13shall consider the following factors when determining
14appropriateness of concurrent planning:
15 (1) the likelihood of prompt reunification;
16 (2) the past history of the family;
17 (3) the barriers to reunification being addressed by
18 the family;
19 (4) the level of cooperation of the family;
20 (5) the foster parents' willingness to work with the
21 family to reunite;
22 (6) the willingness and ability of the foster family to
23 provide an adoptive home or long-term placement;
24 (7) the age of the child;
25 (8) placement of siblings.
26 (m) The Department may assume temporary custody of any

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1child if:
2 (1) it has received a written consent to such temporary
3 custody signed by the parents of the child or by the parent
4 having custody of the child if the parents are not living
5 together or by the guardian or custodian of the child if
6 the child is not in the custody of either parent, or
7 (2) the child is found in the State and neither a
8 parent, guardian nor custodian of the child can be located.
9If the child is found in his or her residence without a parent,
10guardian, custodian or responsible caretaker, the Department
11may, instead of removing the child and assuming temporary
12custody, place an authorized representative of the Department
13in that residence until such time as a parent, guardian or
14custodian enters the home and expresses a willingness and
15apparent ability to ensure the child's health and safety and
16resume permanent charge of the child, or until a relative
17enters the home and is willing and able to ensure the child's
18health and safety and assume charge of the child until a
19parent, guardian or custodian enters the home and expresses
20such willingness and ability to ensure the child's safety and
21resume permanent charge. After a caretaker has remained in the
22home for a period not to exceed 12 hours, the Department must
23follow those procedures outlined in Section 2-9, 3-11, 4-8, or
245-415 of the Juvenile Court Act of 1987.
25 The Department shall have the authority, responsibilities
26and duties that a legal custodian of the child would have

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1pursuant to subsection (9) of Section 1-3 of the Juvenile Court
2Act of 1987. Whenever a child is taken into temporary custody
3pursuant to an investigation under the Abused and Neglected
4Child Reporting Act, or pursuant to a referral and acceptance
5under the Juvenile Court Act of 1987 of a minor in limited
6custody, the Department, during the period of temporary custody
7and before the child is brought before a judicial officer as
8required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
9Court Act of 1987, shall have the authority, responsibilities
10and duties that a legal custodian of the child would have under
11subsection (9) of Section 1-3 of the Juvenile Court Act of
121987.
13 The Department shall ensure that any child taken into
14custody is scheduled for an appointment for a medical
15examination.
16 A parent, guardian or custodian of a child in the temporary
17custody of the Department who would have custody of the child
18if he were not in the temporary custody of the Department may
19deliver to the Department a signed request that the Department
20surrender the temporary custody of the child. The Department
21may retain temporary custody of the child for 10 days after the
22receipt of the request, during which period the Department may
23cause to be filed a petition pursuant to the Juvenile Court Act
24of 1987. If a petition is so filed, the Department shall retain
25temporary custody of the child until the court orders
26otherwise. If a petition is not filed within the 10 day period,

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1the child shall be surrendered to the custody of the requesting
2parent, guardian or custodian not later than the expiration of
3the 10 day period, at which time the authority and duties of
4the Department with respect to the temporary custody of the
5child shall terminate.
6 (m-1) The Department may place children under 18 years of
7age in a secure child care facility licensed by the Department
8that cares for children who are in need of secure living
9arrangements for their health, safety, and well-being after a
10determination is made by the facility director and the Director
11or the Director's designate prior to admission to the facility
12subject to Section 2-27.1 of the Juvenile Court Act of 1987.
13This subsection (m-1) does not apply to a child who is subject
14to placement in a correctional facility operated pursuant to
15Section 3-15-2 of the Unified Code of Corrections, unless the
16child is a ward who was placed under the care of the Department
17before being subject to placement in a correctional facility
18and a court of competent jurisdiction has ordered placement of
19the child in a secure care facility.
20 (n) The Department may place children under 18 years of age
21in licensed child care facilities when in the opinion of the
22Department, appropriate services aimed at family preservation
23have been unsuccessful and cannot ensure the child's health and
24safety or are unavailable and such placement would be for their
25best interest. Payment for board, clothing, care, training and
26supervision of any child placed in a licensed child care

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1facility may be made by the Department, by the parents or
2guardians of the estates of those children, or by both the
3Department and the parents or guardians, except that no
4payments shall be made by the Department for any child placed
5in a licensed child care facility for board, clothing, care,
6training and supervision of such a child that exceed the
7average per capita cost of maintaining and of caring for a
8child in institutions for dependent or neglected children
9operated by the Department. However, such restriction on
10payments does not apply in cases where children require
11specialized care and treatment for problems of severe emotional
12disturbance, physical disability, social adjustment, or any
13combination thereof and suitable facilities for the placement
14of such children are not available at payment rates within the
15limitations set forth in this Section. All reimbursements for
16services delivered shall be absolutely inalienable by
17assignment, sale, attachment, garnishment or otherwise.
18 (n-1) The Department shall provide or authorize child
19welfare services, aimed at assisting minors to achieve
20sustainable self-sufficiency as independent adults, for any
21minor eligible for the reinstatement of wardship pursuant to
22subsection (2) of Section 2-33 of the Juvenile Court Act of
231987, whether or not such reinstatement is sought or allowed,
24provided that the minor consents to such services and has not
25yet attained the age of 21. The Department shall have
26responsibility for the development and delivery of services

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1under this Section. An eligible youth may access services under
2this Section through the Department of Children and Family
3Services or by referral from the Department of Human Services.
4Youth participating in services under this Section shall
5cooperate with the assigned case manager in developing an
6agreement identifying the services to be provided and how the
7youth will increase skills to achieve self-sufficiency. A
8homeless shelter is not considered appropriate housing for any
9youth receiving child welfare services under this Section. The
10Department shall continue child welfare services under this
11Section to any eligible minor until the minor becomes 21 years
12of age, no longer consents to participate, or achieves
13self-sufficiency as identified in the minor's service plan. The
14Department of Children and Family Services shall create clear,
15readable notice of the rights of former foster youth to child
16welfare services under this Section and how such services may
17be obtained. The Department of Children and Family Services and
18the Department of Human Services shall disseminate this
19information statewide. The Department shall adopt regulations
20describing services intended to assist minors in achieving
21sustainable self-sufficiency as independent adults.
22 (o) The Department shall establish an administrative
23review and appeal process for children and families who request
24or receive child welfare services from the Department. Children
25who are wards of the Department and are placed by private child
26welfare agencies, and foster families with whom those children

HB5597- 99 -LRB098 15874 AMC 50917 b
1are placed, shall be afforded the same procedural and appeal
2rights as children and families in the case of placement by the
3Department, including the right to an initial review of a
4private agency decision by that agency. The Department shall
5insure that any private child welfare agency, which accepts
6wards of the Department for placement, affords those rights to
7children and foster families. The Department shall accept for
8administrative review and an appeal hearing a complaint made by
9(i) a child or foster family concerning a decision following an
10initial review by a private child welfare agency or (ii) a
11prospective adoptive parent who alleges a violation of
12subsection (j-5) of this Section. An appeal of a decision
13concerning a change in the placement of a child shall be
14conducted in an expedited manner. A court determination that a
15current foster home placement is necessary and appropriate
16under Section 2-28 of the Juvenile Court Act of 1987 does not
17constitute a judicial determination on the merits of an
18administrative appeal, filed by a former foster parent,
19involving a change of placement decision.
20 (p) There is hereby created the Department of Children and
21Family Services Emergency Assistance Fund from which the
22Department may provide special financial assistance to
23families which are in economic crisis when such assistance is
24not available through other public or private sources and the
25assistance is deemed necessary to prevent dissolution of the
26family unit or to reunite families which have been separated

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1due to child abuse and neglect. The Department shall establish
2administrative rules specifying the criteria for determining
3eligibility for and the amount and nature of assistance to be
4provided. The Department may also enter into written agreements
5with private and public social service agencies to provide
6emergency financial services to families referred by the
7Department. Special financial assistance payments shall be
8available to a family no more than once during each fiscal year
9and the total payments to a family may not exceed $500 during a
10fiscal year.
11 (q) The Department may receive and use, in their entirety,
12for the benefit of children any gift, donation or bequest of
13money or other property which is received on behalf of such
14children, or any financial benefits to which such children are
15or may become entitled while under the jurisdiction or care of
16the Department.
17 The Department shall set up and administer no-cost,
18interest-bearing accounts in appropriate financial
19institutions for children for whom the Department is legally
20responsible and who have been determined eligible for Veterans'
21Benefits, Social Security benefits, assistance allotments from
22the armed forces, court ordered payments, parental voluntary
23payments, Supplemental Security Income, Railroad Retirement
24payments, Black Lung benefits, or other miscellaneous
25payments. Interest earned by each account shall be credited to
26the account, unless disbursed in accordance with this

HB5597- 101 -LRB098 15874 AMC 50917 b
1subsection.
2 In disbursing funds from children's accounts, the
3Department shall:
4 (1) Establish standards in accordance with State and
5 federal laws for disbursing money from children's
6 accounts. In all circumstances, the Department's
7 "Guardianship Administrator" or his or her designee must
8 approve disbursements from children's accounts. The
9 Department shall be responsible for keeping complete
10 records of all disbursements for each account for any
11 purpose.
12 (2) Calculate on a monthly basis the amounts paid from
13 State funds for the child's board and care, medical care
14 not covered under Medicaid, and social services; and
15 utilize funds from the child's account, as covered by
16 regulation, to reimburse those costs. Monthly,
17 disbursements from all children's accounts, up to 1/12 of
18 $13,000,000, shall be deposited by the Department into the
19 General Revenue Fund and the balance over 1/12 of
20 $13,000,000 into the DCFS Children's Services Fund.
21 (3) Maintain any balance remaining after reimbursing
22 for the child's costs of care, as specified in item (2).
23 The balance shall accumulate in accordance with relevant
24 State and federal laws and shall be disbursed to the child
25 or his or her guardian, or to the issuing agency.
26 (r) The Department shall promulgate regulations

HB5597- 102 -LRB098 15874 AMC 50917 b
1encouraging all adoption agencies to voluntarily forward to the
2Department or its agent names and addresses of all persons who
3have applied for and have been approved for adoption of a
4hard-to-place or handicapped child and the names of such
5children who have not been placed for adoption. A list of such
6names and addresses shall be maintained by the Department or
7its agent, and coded lists which maintain the confidentiality
8of the person seeking to adopt the child and of the child shall
9be made available, without charge, to every adoption agency in
10the State to assist the agencies in placing such children for
11adoption. The Department may delegate to an agent its duty to
12maintain and make available such lists. The Department shall
13ensure that such agent maintains the confidentiality of the
14person seeking to adopt the child and of the child.
15 (s) The Department of Children and Family Services may
16establish and implement a program to reimburse Department and
17private child welfare agency foster parents licensed by the
18Department of Children and Family Services for damages
19sustained by the foster parents as a result of the malicious or
20negligent acts of foster children, as well as providing third
21party coverage for such foster parents with regard to actions
22of foster children to other individuals. Such coverage will be
23secondary to the foster parent liability insurance policy, if
24applicable. The program shall be funded through appropriations
25from the General Revenue Fund, specifically designated for such
26purposes.

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1 (t) The Department shall perform home studies and
2investigations and shall exercise supervision over visitation
3as ordered by a court pursuant to the Illinois Marriage and
4Dissolution of Marriage Act or the Adoption Act only if:
5 (1) an order entered by an Illinois court specifically
6 directs the Department to perform such services; and
7 (2) the court has ordered one or both of the parties to
8 the proceeding to reimburse the Department for its
9 reasonable costs for providing such services in accordance
10 with Department rules, or has determined that neither party
11 is financially able to pay.
12 The Department shall provide written notification to the
13court of the specific arrangements for supervised visitation
14and projected monthly costs within 60 days of the court order.
15The Department shall send to the court information related to
16the costs incurred except in cases where the court has
17determined the parties are financially unable to pay. The court
18may order additional periodic reports as appropriate.
19 (u) In addition to other information that must be provided,
20whenever the Department places a child with a prospective
21adoptive parent or parents or in a licensed foster home, group
22home, child care institution, or in a relative home, the
23Department shall provide to the prospective adoptive parent or
24parents or other caretaker:
25 (1) available detailed information concerning the
26 child's educational and health history, copies of

HB5597- 104 -LRB098 15874 AMC 50917 b
1 immunization records (including insurance and medical card
2 information), a history of the child's previous
3 placements, if any, and reasons for placement changes
4 excluding any information that identifies or reveals the
5 location of any previous caretaker;
6 (2) a copy of the child's portion of the client service
7 plan, including any visitation arrangement, and all
8 amendments or revisions to it as related to the child; and
9 (3) information containing details of the child's
10 individualized educational plan when the child is
11 receiving special education services.
12 The caretaker shall be informed of any known social or
13behavioral information (including, but not limited to,
14criminal background, fire setting, perpetuation of sexual
15abuse, destructive behavior, and substance abuse) necessary to
16care for and safeguard the children to be placed or currently
17in the home. The Department may prepare a written summary of
18the information required by this paragraph, which may be
19provided to the foster or prospective adoptive parent in
20advance of a placement. The foster or prospective adoptive
21parent may review the supporting documents in the child's file
22in the presence of casework staff. In the case of an emergency
23placement, casework staff shall at least provide known
24information verbally, if necessary, and must subsequently
25provide the information in writing as required by this
26subsection.

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1 The information described in this subsection shall be
2provided in writing. In the case of emergency placements when
3time does not allow prior review, preparation, and collection
4of written information, the Department shall provide such
5information as it becomes available. Within 10 business days
6after placement, the Department shall obtain from the
7prospective adoptive parent or parents or other caretaker a
8signed verification of receipt of the information provided.
9Within 10 business days after placement, the Department shall
10provide to the child's guardian ad litem a copy of the
11information provided to the prospective adoptive parent or
12parents or other caretaker. The information provided to the
13prospective adoptive parent or parents or other caretaker shall
14be reviewed and approved regarding accuracy at the supervisory
15level.
16 (u-5) Effective July 1, 1995, only foster care placements
17licensed as foster family homes pursuant to the Child Care Act
18of 1969 shall be eligible to receive foster care payments from
19the Department. Relative caregivers who, as of July 1, 1995,
20were approved pursuant to approved relative placement rules
21previously promulgated by the Department at 89 Ill. Adm. Code
22335 and had submitted an application for licensure as a foster
23family home may continue to receive foster care payments only
24until the Department determines that they may be licensed as a
25foster family home or that their application for licensure is
26denied or until September 30, 1995, whichever occurs first.

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1 (v) The Department shall access criminal history record
2information as defined in the Illinois Uniform Conviction
3Information Act and information maintained in the adjudicatory
4and dispositional record system as defined in Section 2605-355
5of the Department of State Police Law (20 ILCS 2605/2605-355)
6if the Department determines the information is necessary to
7perform its duties under the Abused and Neglected Child
8Reporting Act, the Child Care Act of 1969, and the Children and
9Family Services Act. The Department shall provide for
10interactive computerized communication and processing
11equipment that permits direct on-line communication with the
12Department of State Police's central criminal history data
13repository. The Department shall comply with all certification
14requirements and provide certified operators who have been
15trained by personnel from the Department of State Police. In
16addition, one Office of the Inspector General investigator
17shall have training in the use of the criminal history
18information access system and have access to the terminal. The
19Department of Children and Family Services and its employees
20shall abide by rules and regulations established by the
21Department of State Police relating to the access and
22dissemination of this information.
23 (v-1) Prior to final approval for placement of a child, the
24Department shall conduct a criminal records background check of
25the prospective foster or adoptive parent, including
26fingerprint-based checks of national crime information

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

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1of the staff of the facility, whether or not the child has the
2freedom of movement within the perimeter of the facility,
3building, or distinct part of the building. The plan shall
4include descriptions of the types of facilities that are needed
5in Illinois; the cost of developing these secure care
6facilities; the estimated number of placements; the potential
7cost savings resulting from the movement of children currently
8out-of-state who are projected to be returned to Illinois; the
9necessary geographic distribution of these facilities in
10Illinois; and a proposed timetable for development of such
11facilities.
12 (x) The Department shall conduct annual credit history
13checks to determine the financial history of children placed
14under its guardianship pursuant to the Juvenile Court Act of
151987. The Department shall conduct such credit checks starting
16when a ward turns 12 years old and each year thereafter for the
17duration of the guardianship as terminated pursuant to the
18Juvenile Court Act of 1987. The Department shall determine if
19financial exploitation of the child's personal information has
20occurred. If financial exploitation appears to have taken place
21or is presently ongoing, the Department shall notify the proper
22law enforcement agency, the proper State's Attorney, or the
23Attorney General.
24 (y) Beginning on the effective date of this amendatory Act
25of the 96th General Assembly, a child with a disability who
26receives residential and educational services from the

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1Department shall be eligible to receive transition services in
2accordance with Article 14 of the School Code from the age of
314.5 through age 21, inclusive, notwithstanding the child's
4residential services arrangement. For purposes of this
5subsection, "child with a disability" means a child with a
6disability as defined by the federal Individuals with
7Disabilities Education Improvement Act of 2004.
8 (z) The Department shall access criminal history record
9information as defined as "background information" in this
10subsection and criminal history record information as defined
11in the Illinois Uniform Conviction Information Act for each
12Department employee or Department applicant. Each Department
13employee or Department applicant shall submit his or her
14fingerprints to the Department of State Police in the form and
15manner prescribed by the Department of State Police. These
16fingerprints shall be checked against the fingerprint records
17now and hereafter filed in the Department of State Police and
18the Federal Bureau of Investigation criminal history records
19databases. The Department of State Police shall charge a fee
20for conducting the criminal history record check, which shall
21be deposited into the State Police Services Fund and shall not
22exceed the actual cost of the record check. The Department of
23State Police shall furnish, pursuant to positive
24identification, all Illinois conviction information to the
25Department of Children and Family Services.
26 For purposes of this subsection:

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1 "Background information" means all of the following:
2 (i) Upon the request of the Department of Children and
3 Family Services, conviction information obtained from the
4 Department of State Police as a result of a
5 fingerprint-based criminal history records check of the
6 Illinois criminal history records database and the Federal
7 Bureau of Investigation criminal history records database
8 concerning a Department employee or Department applicant.
9 (ii) Information obtained by the Department of
10 Children and Family Services after performing a check of
11 the Department of State Police's Sex Offender Database, as
12 authorized by Section 120 of the Sex Offender Community
13 Notification Law, concerning a Department employee or
14 Department applicant.
15 (iii) Information obtained by the Department of
16 Children and Family Services after performing a check of
17 the Child Abuse and Neglect Tracking System (CANTS)
18 operated and maintained by the Department.
19 "Department employee" means a full-time or temporary
20employee coded or certified within the State of Illinois
21Personnel System.
22 "Department applicant" means an individual who has
23conditional Department full-time or part-time work, a
24contractor, an individual used to replace or supplement staff,
25an academic intern, a volunteer in Department offices or on
26Department contracts, a work-study student, an individual or

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1entity licensed by the Department, or an unlicensed service
2provider who works as a condition of a contract or an agreement
3and whose work may bring the unlicensed service provider into
4contact with Department clients or client records.
5(Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;
698-570, eff. 8-27-13; revised 9-4-13.)
7 Section 70. The Department of Commerce and Economic
8Opportunity Law of the Civil Administrative Code of Illinois is
9amended by changing Sections 605-300 and 605-320 as follows:
10 (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
11 Sec. 605-300. Economic and business development plans;
12Illinois Business Development Council.
13 (a) Economic development plans. The Department shall
14develop a strategic economic development plan for the State by
15July 1, 2014. By no later than July 1, 2015, and by July 1
16annually thereafter, the Department shall make modifications
17to the plan as modifications are warranted by changes in
18economic conditions or by other factors, including changes in
19policy. In addition to the annual modification, the plan shall
20be reviewed and redeveloped in full every 5 years. In the
21development of the annual economic development plan, the
22Department shall consult with representatives of the private
23sector, other State agencies, academic institutions, local
24economic development organizations, local governments, and

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1not-for-profit organizations. The annual economic development
2plan shall set specific, measurable, attainable, relevant, and
3time-sensitive goals and shall include a focus on areas of high
4unemployment or poverty.
5 The term "economic development" shall be construed broadly
6by the Department and may include, but is not limited to, job
7creation, job retention, tax base enhancements, development of
8human capital, workforce productivity, critical
9infrastructure, regional competitiveness, social inclusion,
10standard of living, environmental sustainability, energy
11independence, quality of life, the effective use of financial
12incentives, the utilization of public private partnerships
13where appropriate, and other metrics determined by the
14Department.
15 The plan shall be based on relevant economic data, focus on
16economic development as prescribed by this Section, and
17emphasize strategies to retain and create jobs.
18 The plan shall identify and develop specific strategies for
19utilizing the assets of regions within the State defined as
20counties and municipalities or other political subdivisions in
21close geographical proximity that share common economic traits
22such as commuting zones, labor market areas, or other
23economically integrated characteristics.
24 If the plan includes strategies that have a fiscal impact
25on the Department or any other agency, the plan shall include a
26detailed description of the estimated fiscal impact of such

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1strategies.
2 Prior to publishing the plan in its final form, the
3Department shall allow for a reasonable time for public input.
4 The Department shall transmit copies of the economic
5development plan to the Governor and the General Assembly no
6later than July 1, 2014, and by July 1 annually thereafter. The
7plan and its corresponding modifications shall be published and
8made available to the public in both paper and electronic
9media, on the Department's website, and by any other method
10that the Department deems appropriate.
11 The Department shall annually submit legislation to
12implement the strategic economic development plan or
13modifications to the strategic economic development plan to the
14Governor, the President and Minority Leader of the Senate, and
15the Speaker and the Minority Leader of the House of
16Representatives. The legislation shall be in the form of one or
17more substantive bills drafted by the Legislative Reference
18Bureau.
19 (b) Business development plans; Illinois Business
20Development Council.
21 (1) There is created the Illinois Business Development
22 Council, hereinafter referred to as the Council. The
23 Council shall consist of the Director, who shall serve as
24 co-chairperson, and 12 voting members who shall be
25 appointed by the Governor with the advice and consent of
26 the Senate.

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1 (A) The voting members of the Council shall include
2 one representative from each of the following
3 businesses and groups: small business, coal,
4 healthcare, large manufacturing, small or specialized
5 manufacturing, agriculture, high technology or applied
6 science, local economic development entities, private
7 sector organized labor, a local or state business
8 association or chamber of commerce.
9 (B) There shall be 2 at-large voting members who
10 reside within areas of high unemployment within
11 counties or municipalities that have had an annual
12 average unemployment rate of at least 120% of the
13 State's annual average unemployment rate as reported
14 by the Department of Employment Security for the 5
15 years preceding the date of appointment.
16 (2) All appointments shall be made in a geographically
17 diverse manner.
18 (3) For the initial appointments to the Council, 6
19 voting members shall be appointed to serve a 2-year term
20 and 6 voting members shall be appointed to serve a 4-year
21 term. Thereafter, all appointments shall be for terms of 4
22 years. The initial term of voting members shall commence on
23 the first Wednesday in February 2014. Thereafter, the terms
24 of voting members shall commence on the first Wednesday in
25 February, except in the case of an appointment to fill a
26 vacancy. Vacancies occurring among the members shall be

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1 filled in the same manner as the original appointment for
2 the remainder of the unexpired term. For a vacancy
3 occurring when the Senate is not in session, the Governor
4 may make a temporary appointment until the next meeting of
5 the Senate when a person shall be nominated to fill the
6 office, and, upon confirmation by the Senate, he or she
7 shall hold office during the remainder of the term. A
8 vacancy in membership does not impair the ability of a
9 quorum to exercise all rights and perform all duties of the
10 Council. A member is eligible for reappointment.
11 (4) Members shall serve without compensation, but may
12 be reimbursed for necessary expenses incurred in the
13 performance of their duties from funds appropriated for
14 that purpose.
15 (5) In addition, the following shall serve as ex
16 officio, non-voting members of the Council in order to
17 provide specialized advice and support to the Council: the
18 Secretary of Transportation, or his or her designee; the
19 Director of Employment Security, or his or her designee;
20 the Executive Director of the Illinois Finance Authority,
21 or his or her designee; the Director of Agriculture, or his
22 or her designee; the Director of Revenue, or his or her
23 designee; the Director of Labor, or his or her designee;
24 and the Director of the Environmental Protection Agency, or
25 his or her designee. Ex officio Ex-officio members shall
26 provide staff and technical assistance to the Council when

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1 appropriate.
2 (6) In addition to the Director, the voting members
3 shall elect a co-chairperson.
4 (7) The Council shall meet at least twice annually and
5 at such other times as the co-chairpersons or any 5 voting
6 members consider necessary. Seven voting members shall
7 constitute a quorum of the Council.
8 (8) The Department shall provide staff assistance to
9 the Council.
10 (9) The Council shall provide the Department relevant
11 information in a timely manner pursuant to its duties as
12 enumerated in this Section that can be used by the
13 Department to enhance the State's strategic economic
14 development plan.
15 (10) The Council shall:
16 (A) Develop an overall strategic business
17 development plan for the State of Illinois and update
18 the plan at least annually.
19 (B) Develop business marketing plans for the State
20 of Illinois to effectively solicit new company
21 investment and existing business expansion. Insofar as
22 allowed under the Illinois Procurement Code, and
23 subject to appropriations made by the General Assembly
24 for such purposes, the Council may assist the
25 Department in the procurement of outside vendors to
26 carry out such marketing plans.

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1 (C) Seek input from local economic development
2 officials to develop specific strategies to
3 effectively link State and local business development
4 and marketing efforts focusing on areas of high
5 unemployment or poverty.
6 (D) Provide the Department with advice on
7 strategic business development and business marketing
8 for the State of Illinois.
9 (E) Provide the Department research and recommend
10 best practices for developing investment tools for
11 business attraction and retention.
12(Source: P.A. 98-397, eff. 8-16-13; revised 10-8-13.)
13 (20 ILCS 605/605-320) (was 20 ILCS 605/46.5)
14 Sec. 605-320. Encouragement of existing industries. To
15encourage the growth and expansion of industries now existing
16within the State by providing comprehensive business services
17and promoting interdepartmental cooperation for assistance to
18industries.
19 As a condition of any financial incentives provided by the
20Department in the form of (1) tax credits and tax exemptions
21(other than given under tax increment financing) given as an
22incentive to a recipient business organization pursuant to an
23initial certification or an initial designation made by the
24Department under the Economic Development for a Growing Economy
25Tax Credit Act, the River Edge Redevelopment Zone Act, and the

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1Illinois Enterprise Zone Act, including the High Impact
2Business program, (2) grants or loans given to a recipient as
3an incentive to a business organization pursuant to the River
4Edge Redevelopment Zone Act, the Large Business Development
5Program, the Business Development Public Infrastructure
6Program, or the Industrial Training Program, the Department
7shall require the recipient of such financial incentives to
8report at least quarterly the number of jobs to be created or
9retained, or both created and retained, by the recipient as a
10result of the financial incentives, including the number of
11full-time, permanent jobs, the number of part-time jobs, and
12the number of temporary jobs. Further, the recipient of such
13financial incentives shall provide the Department at least
14annually a detailed list of the occupation or job
15classifications and number of new employees or retained
16employees to be hired in full-time, permanent jobs, a schedule
17of anticipated starting dates of the new hires and the actual
18average wage by occupation or job classification and total
19payroll to be created as a result of the financial incentives.
20(Source: P.A. 98-397, eff. 8-16-13; revised 10-8-13.)
21 Section 75. The Lake Michigan Wind Energy Act is amended by
22changing Section 20 as follows:
23 (20 ILCS 896/20)
24 Sec. 20. Offshore Wind Energy Economic Development Policy

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1Task Force.
2 (a) The Governor shall convene an Offshore Wind Energy
3Economic Development Policy Task Force, to be chaired by the
4Director of Commerce and Economic Opportunity, or his or her
5designee, to analyze and evaluate policy and economic options
6to facilitate the development of offshore wind energy, and to
7propose an appropriate Illinois mechanism for purchasing and
8selling power from possible offshore wind energy projects. The
9Task Force shall examine mechanisms used in other states and
10jurisdictions, including, without limitation, feed-in tariffs
11feed-in-tariffs, renewable energy certificates, renewable
12energy certificate carve-outs, power purchase agreements, and
13pilot projects. The Task Force shall report its findings and
14recommendations to the Governor and General Assembly by
15December 31, 2013.
16 (b) The Director of the Illinois Power Agency (or his or
17her designee), the Executive Director of the Illinois Commerce
18Commission (or his or her designee), the Director of Natural
19Resources (or his or her designee), and the Attorney General
20(or his or her designee) shall serve as ex officio members of
21the Task Force.
22 (c) The Governor shall appoint the following public members
23to serve on the Task Force:
24 (1) one individual from an institution of higher
25 education in Illinois representing the discipline of
26 economics with experience in the study of renewable energy;

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1 (2) one individual representing an energy industry
2 with experience in renewable energy markets;
3 (3) one individual representing a Statewide consumer
4 or electric ratepayer organization;
5 (4) one individual representing the offshore wind
6 energy industry;
7 (5) one individual representing the wind energy supply
8 chain industry;
9 (6) one individual representing an Illinois electrical
10 cooperative, municipal electrical utility, or association
11 of such cooperatives or utilities;
12 (7) one individual representing an Illinois industrial
13 union involved in the construction, maintenance, or
14 transportation of electrical generation, distribution, or
15 transmission equipment or components;
16 (8) one individual representing an Illinois commercial
17 or industrial electrical consumer;
18 (9) one individual representing an Illinois public
19 education electrical consumer;
20 (10) one individual representing an independent
21 transmission company;
22 (11) one individual from the Illinois legal community
23 with experience in contracts, utility law, municipal law,
24 and constitutional law;
25 (12) one individual representing a Great Lakes
26 regional organization with experience assessing or

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1 studying wind energy;
2 (13) one individual representing a Statewide
3 environmental organization;
4 (14) one resident of the State representing an
5 organization advocating for persons of low or limited
6 incomes;
7 (15) one individual representing Argonne National
8 Laboratory; and
9 (16) one individual representing a local community
10 that has aggregated the purchase of electricity.
11 (d) The Governor may appoint additional public members to
12the Task Force.
13 (e) The Speaker of the House of Representatives, Minority
14Leader of the House of Representatives, Senate President, and
15Minority Leader of the Senate shall each appoint one member of
16the General Assembly to serve on the Task Force.
17 (f) Members of the Task Force shall serve without
18compensation.
19(Source: P.A. 98-447, eff. 8-16-13; revised 10-7-13.)
20 Section 80. The Mental Health and Developmental
21Disabilities Administrative Act is amended by changing Section
2214 as follows:
23 (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
24 Sec. 14. Chester Mental Health Center. To maintain and

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1operate a facility for the care, custody, and treatment of
2persons with mental illness or habilitation of persons with
3developmental disabilities hereinafter designated, to be known
4as the Chester Mental Health Center.
5 Within the Chester Mental Health Center there shall be
6confined the following classes of persons, whose history, in
7the opinion of the Department, discloses dangerous or violent
8tendencies and who, upon examination under the direction of the
9Department, have been found a fit subject for confinement in
10that facility:
11 (a) Any male person who is charged with the commission
12 of a crime but has been acquitted by reason of insanity as
13 provided in Section 5-2-4 of the Unified Code of
14 Corrections.
15 (b) Any male person who is charged with the commission
16 of a crime but has been found unfit under Article 104 of
17 the Code of Criminal Procedure of 1963.
18 (c) Any male person with mental illness or
19 developmental disabilities or person in need of mental
20 treatment now confined under the supervision of the
21 Department or hereafter admitted to any facility thereof or
22 committed thereto by any court of competent jurisdiction.
23 If and when it shall appear to the facility director of the
24Chester Mental Health Center that it is necessary to confine
25persons in order to maintain security or provide for the
26protection and safety of recipients and staff, the Chester

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1Mental Health Center may confine all persons on a unit to their
2rooms. This period of confinement shall not exceed 10 hours in
3a 24 hour period, including the recipient's scheduled hours of
4sleep, unless approved by the Secretary of the Department.
5During the period of confinement, the persons confined shall be
6observed at least every 15 minutes. A record shall be kept of
7the observations. This confinement shall not be considered
8seclusion as defined in the Mental Health and Developmental
9Disabilities Code.
10 The facility director of the Chester Mental Health Center
11may authorize the temporary use of handcuffs on a recipient for
12a period not to exceed 10 minutes when necessary in the course
13of transport of the recipient within the facility to maintain
14custody or security. Use of handcuffs is subject to the
15provisions of Section 2-108 of the Mental Health and
16Developmental Disabilities Code. The facility shall keep a
17monthly record listing each instance in which handcuffs are
18used, circumstances indicating the need for use of handcuffs,
19and time of application of handcuffs and time of release
20therefrom. The facility director shall allow the Illinois
21Guardianship and Advocacy Commission, the agency designated by
22the Governor under Section 1 of the Protection and Advocacy for
23Developmentally Disabled Persons Act, and the Department to
24examine and copy such record upon request.
25 The facility director of the Chester Mental Health Center
26may authorize the temporary use of transport devices on a civil

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1recipient when necessary in the course of transport of the
2civil recipient outside the facility to maintain custody or
3security. The decision whether to use any transport devices
4shall be reviewed and approved on an individualized basis by a
5physician based upon a determination of the civil recipient's:
6(1) history of violence, (2) history of violence during
7transports, (3) history of escapes and escape attempts, (4)
8history of trauma, (5) history of incidents of restraint or
9seclusion and use of involuntary medication, (6) current
10functioning level and medical status, and (7) prior experience
11during similar transports, and (8) the length, duration, and
12purpose of the transport. The least restrictive transport
13device consistent with the individual's need shall be used.
14Staff transporting the individual shall be trained in the use
15of the transport devices, recognizing and responding to a
16person in distress, and shall observe and monitor the
17individual while being transported. The facility shall keep a
18monthly record listing all transports, including those
19transports for which use of transport devices was were not
20sought, those for which use of transport devices was were
21sought but denied, and each instance in which transport devices
22are used, circumstances indicating the need for use of
23transport devices, time of application of transport devices,
24time of release from those devices, and any adverse events. The
25facility director shall allow the Illinois Guardianship and
26Advocacy Commission, the agency designated by the Governor

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1under Section 1 of the Protection and Advocacy for
2Developmentally Disabled Persons Act, and the Department to
3examine and copy the record upon request. This use of transport
4devices shall not be considered restraint as defined in the
5Mental Health and Developmental Disabilities Code. For the
6purpose of this Section "transport device" means ankle cuffs,
7handcuffs, waist chains or wrist-waist devices designed to
8restrict an individual's range of motion while being
9transported. These devices must be approved by the Division of
10Mental Health, used in accordance with the manufacturer's
11instructions, and used only by qualified staff members who have
12completed all training required to be eligible to transport
13patients and all other required training relating to the safe
14use and application of transport devices, including
15recognizing and responding to signs of distress in an
16individual whose movement is being restricted by a transport
17device.
18 If and when it shall appear to the satisfaction of the
19Department that any person confined in the Chester Mental
20Health Center is not or has ceased to be such a source of
21danger to the public as to require his subjection to the
22regimen of the center, the Department is hereby authorized to
23transfer such person to any State facility for treatment of
24persons with mental illness or habilitation of persons with
25developmental disabilities, as the nature of the individual
26case may require.

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1 Subject to the provisions of this Section, the Department,
2except where otherwise provided by law, shall, with respect to
3the management, conduct and control of the Chester Mental
4Health Center and the discipline, custody and treatment of the
5persons confined therein, have and exercise the same rights and
6powers as are vested by law in the Department with respect to
7any and all of the State facilities for treatment of persons
8with mental illness or habilitation of persons with
9developmental disabilities, and the recipients thereof, and
10shall be subject to the same duties as are imposed by law upon
11the Department with respect to such facilities and the
12recipients thereof.
13 The Department may elect to place persons who have been
14ordered by the court to be detained under the Sexually Violent
15Persons Commitment Act in a distinct portion of the Chester
16Mental Health Center. The persons so placed shall be separated
17and shall not comingle with the recipients of the Chester
18Mental Health Center. The portion of Chester Mental Health
19Center that is used for the persons detained under the Sexually
20Violent Persons Commitment Act shall not be a part of the
21mental health facility for the enforcement and implementation
22of the Mental Health and Developmental Disabilities Code nor
23shall their care and treatment be subject to the provisions of
24the Mental Health and Developmental Disabilities Code. The
25changes added to this Section by this amendatory Act of the
2698th General Assembly are inoperative on and after June 30,

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12015.
2(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;
3revised 9-4-13.)
4 Section 85. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Section 2105-15 as follows:
7 (20 ILCS 2105/2105-15)
8 Sec. 2105-15. General powers and duties.
9 (a) The Department has, subject to the provisions of the
10Civil Administrative Code of Illinois, the following powers and
11duties:
12 (1) To authorize examinations in English to ascertain
13 the qualifications and fitness of applicants to exercise
14 the profession, trade, or occupation for which the
15 examination is held.
16 (2) To prescribe rules and regulations for a fair and
17 wholly impartial method of examination of candidates to
18 exercise the respective professions, trades, or
19 occupations.
20 (3) To pass upon the qualifications of applicants for
21 licenses, certificates, and authorities, whether by
22 examination, by reciprocity, or by endorsement.
23 (4) To prescribe rules and regulations defining, for
24 the respective professions, trades, and occupations, what

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1 shall constitute a school, college, or university, or
2 department of a university, or other institution,
3 reputable and in good standing, and to determine the
4 reputability and good standing of a school, college, or
5 university, or department of a university, or other
6 institution, reputable and in good standing, by reference
7 to a compliance with those rules and regulations; provided,
8 that no school, college, or university, or department of a
9 university, or other institution that refuses admittance
10 to applicants solely on account of race, color, creed, sex,
11 or national origin shall be considered reputable and in
12 good standing.
13 (5) To conduct hearings on proceedings to revoke,
14 suspend, refuse to renew, place on probationary status, or
15 take other disciplinary action as authorized in any
16 licensing Act administered by the Department with regard to
17 licenses, certificates, or authorities of persons
18 exercising the respective professions, trades, or
19 occupations and to revoke, suspend, refuse to renew, place
20 on probationary status, or take other disciplinary action
21 as authorized in any licensing Act administered by the
22 Department with regard to those licenses, certificates, or
23 authorities. The Department shall issue a monthly
24 disciplinary report. The Department shall deny any license
25 or renewal authorized by the Civil Administrative Code of
26 Illinois to any person who has defaulted on an educational

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1 loan or scholarship provided by or guaranteed by the
2 Illinois Student Assistance Commission or any governmental
3 agency of this State; however, the Department may issue a
4 license or renewal if the aforementioned persons have
5 established a satisfactory repayment record as determined
6 by the Illinois Student Assistance Commission or other
7 appropriate governmental agency of this State.
8 Additionally, beginning June 1, 1996, any license issued by
9 the Department may be suspended or revoked if the
10 Department, after the opportunity for a hearing under the
11 appropriate licensing Act, finds that the licensee has
12 failed to make satisfactory repayment to the Illinois
13 Student Assistance Commission for a delinquent or
14 defaulted loan. For the purposes of this Section,
15 "satisfactory repayment record" shall be defined by rule.
16 The Department shall refuse to issue or renew a license to,
17 or shall suspend or revoke a license of, any person who,
18 after receiving notice, fails to comply with a subpoena or
19 warrant relating to a paternity or child support
20 proceeding. However, the Department may issue a license or
21 renewal upon compliance with the subpoena or warrant.
22 The Department, without further process or hearings,
23 shall revoke, suspend, or deny any license or renewal
24 authorized by the Civil Administrative Code of Illinois to
25 a person who is certified by the Department of Healthcare
26 and Family Services (formerly Illinois Department of

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1 Public Aid) as being more than 30 days delinquent in
2 complying with a child support order or who is certified by
3 a court as being in violation of the Non-Support Punishment
4 Act for more than 60 days. The Department may, however,
5 issue a license or renewal if the person has established a
6 satisfactory repayment record as determined by the
7 Department of Healthcare and Family Services (formerly
8 Illinois Department of Public Aid) or if the person is
9 determined by the court to be in compliance with the
10 Non-Support Punishment Act. The Department may implement
11 this paragraph as added by Public Act 89-6 through the use
12 of emergency rules in accordance with Section 5-45 of the
13 Illinois Administrative Procedure Act. For purposes of the
14 Illinois Administrative Procedure Act, the adoption of
15 rules to implement this paragraph shall be considered an
16 emergency and necessary for the public interest, safety,
17 and welfare.
18 (6) To transfer jurisdiction of any realty under the
19 control of the Department to any other department of the
20 State Government or to acquire or accept federal lands when
21 the transfer, acquisition, or acceptance is advantageous
22 to the State and is approved in writing by the Governor.
23 (7) To formulate rules and regulations necessary for
24 the enforcement of any Act administered by the Department.
25 (8) To exchange with the Department of Healthcare and
26 Family Services information that may be necessary for the

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1 enforcement of child support orders entered pursuant to the
2 Illinois Public Aid Code, the Illinois Marriage and
3 Dissolution of Marriage Act, the Non-Support of Spouse and
4 Children Act, the Non-Support Punishment Act, the Revised
5 Uniform Reciprocal Enforcement of Support Act, the Uniform
6 Interstate Family Support Act, or the Illinois Parentage
7 Act of 1984. Notwithstanding any provisions in this Code to
8 the contrary, the Department of Professional Regulation
9 shall not be liable under any federal or State law to any
10 person for any disclosure of information to the Department
11 of Healthcare and Family Services (formerly Illinois
12 Department of Public Aid) under this paragraph (8) or for
13 any other action taken in good faith to comply with the
14 requirements of this paragraph (8).
15 (9) To perform other duties prescribed by law.
16 (a-5) Except in cases involving default on an educational
17loan or scholarship provided by or guaranteed by the Illinois
18Student Assistance Commission or any governmental agency of
19this State or in cases involving delinquency in complying with
20a child support order or violation of the Non-Support
21Punishment Act, no person or entity whose license, certificate,
22or authority has been revoked as authorized in any licensing
23Act administered by the Department may apply for restoration of
24that license, certification, or authority until 3 years after
25the effective date of the revocation.
26 (b) The Department may, when a fee is payable to the

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1Department for a wall certificate of registration provided by
2the Department of Central Management Services, require that
3portion of the payment for printing and distribution costs be
4made directly or through the Department to the Department of
5Central Management Services for deposit into the Paper and
6Printing Revolving Fund. The remainder shall be deposited into
7the General Revenue Fund.
8 (c) For the purpose of securing and preparing evidence, and
9for the purchase of controlled substances, professional
10services, and equipment necessary for enforcement activities,
11recoupment of investigative costs, and other activities
12directed at suppressing the misuse and abuse of controlled
13substances, including those activities set forth in Sections
14504 and 508 of the Illinois Controlled Substances Act, the
15Director and agents appointed and authorized by the Director
16may expend sums from the Professional Regulation Evidence Fund
17that the Director deems necessary from the amounts appropriated
18for that purpose. Those sums may be advanced to the agent when
19the Director deems that procedure to be in the public interest.
20Sums for the purchase of controlled substances, professional
21services, and equipment necessary for enforcement activities
22and other activities as set forth in this Section shall be
23advanced to the agent who is to make the purchase from the
24Professional Regulation Evidence Fund on vouchers signed by the
25Director. The Director and those agents are authorized to
26maintain one or more commercial checking accounts with any

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1State banking corporation or corporations organized under or
2subject to the Illinois Banking Act for the deposit and
3withdrawal of moneys to be used for the purposes set forth in
4this Section; provided, that no check may be written nor any
5withdrawal made from any such account except upon the written
6signatures of 2 persons designated by the Director to write
7those checks and make those withdrawals. Vouchers for those
8expenditures must be signed by the Director. All such
9expenditures shall be audited by the Director, and the audit
10shall be submitted to the Department of Central Management
11Services for approval.
12 (d) Whenever the Department is authorized or required by
13law to consider some aspect of criminal history record
14information for the purpose of carrying out its statutory
15powers and responsibilities, then, upon request and payment of
16fees in conformance with the requirements of Section 2605-400
17of the Department of State Police Law (20 ILCS 2605/2605-400),
18the Department of State Police is authorized to furnish,
19pursuant to positive identification, the information contained
20in State files that is necessary to fulfill the request.
21 (e) The provisions of this Section do not apply to private
22business and vocational schools as defined by Section 15 of the
23Private Business and Vocational Schools Act of 2012.
24 (f) Beginning July 1, 1995, this Section does not apply to
25those professions, trades, and occupations licensed under the
26Real Estate License Act of 2000, nor does it apply to any

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1permits, certificates, or other authorizations to do business
2provided for in the Land Sales Registration Act of 1989 or the
3Illinois Real Estate Time-Share Act.
4 (g) Notwithstanding anything that may appear in any
5individual licensing statute or administrative rule, the
6Department shall deny any license application or renewal
7authorized under any licensing Act administered by the
8Department to any person who has failed to file a return, or to
9pay the tax, penalty, or interest shown in a filed return, or
10to pay any final assessment of tax, penalty, or interest, as
11required by any tax Act administered by the Illinois Department
12of Revenue, until such time as the requirement of any such tax
13Act are satisfied; however, the Department may issue a license
14or renewal if the person has established a satisfactory
15repayment record as determined by the Illinois Department of
16Revenue. For the purpose of this Section, "satisfactory
17repayment record" shall be defined by rule.
18 In addition, a complaint filed with the Department by the
19Illinois Department of Revenue that includes a certification,
20signed by its Director or designee, attesting to the amount of
21the unpaid tax liability or the years for which a return was
22not filed, or both, is prima facie facia evidence of the
23licensee's failure to comply with the tax laws administered by
24the Illinois Department of Revenue. Upon receipt of that
25certification, the Department shall, without a hearing,
26immediately suspend all licenses held by the licensee.

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1Enforcement of the Department's order shall be stayed for 60
2days. The Department shall provide notice of the suspension to
3the licensee by mailing a copy of the Department's order by
4certified and regular mail to the licensee's last known address
5as registered with the Department. The notice shall advise the
6licensee that the suspension shall be effective 60 days after
7the issuance of the Department's order unless the Department
8receives, from the licensee, a request for a hearing before the
9Department to dispute the matters contained in the order.
10 Any suspension imposed under this subsection (g) shall be
11terminated by the Department upon notification from the
12Illinois Department of Revenue that the licensee is in
13compliance with all tax laws administered by the Illinois
14Department of Revenue.
15 The Department shall promulgate rules for the
16administration of this subsection (g).
17 (h) The Department may grant the title "Retired", to be
18used immediately adjacent to the title of a profession
19regulated by the Department, to eligible retirees. The use of
20the title "Retired" shall not constitute representation of
21current licensure, registration, or certification. Any person
22without an active license, registration, or certificate in a
23profession that requires licensure, registration, or
24certification shall not be permitted to practice that
25profession.
26 (i) Within 180 days after December 23, 2009 (the effective

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1date of Public Act 96-852), the Department shall promulgate
2rules which permit a person with a criminal record, who seeks a
3license or certificate in an occupation for which a criminal
4record is not expressly a per se bar, to apply to the
5Department for a non-binding, advisory opinion to be provided
6by the Board or body with the authority to issue the license or
7certificate as to whether his or her criminal record would bar
8the individual from the licensure or certification sought,
9should the individual meet all other licensure requirements
10including, but not limited to, the successful completion of the
11relevant examinations.
12(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
1396-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)
14 Section 90. The Department of Public Health Powers and
15Duties Law of the Civil Administrative Code of Illinois is
16amended by setting forth, renumbering, and changing multiple
17versions of Section 2310-665 as follows:
18 (20 ILCS 2310/2310-665)
19 Sec. 2310-665. Educational materials on streptococcal
20infection. The Department, in conjunction with the Illinois
21State Board of Education, shall develop educational material on
22streptococcal infection for distribution in elementary and
23secondary schools. The material shall include, but not be
24limited to:

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1 (1) a process to notify parents or guardians of an
2 outbreak in the school;
3 (2) a process to provide information on all of the
4 symptoms of streptococcal infection to teachers, parents,
5 and students; and
6 (3) guidelines for schools to control the spread of
7 streptococcal infections.
8(Source: P.A. 98-236, eff. 8-9-13; revised 9-12-13.)
9 (20 ILCS 2310/2310-670)
10 Sec. 2310-670 2310-665. Breast cancer patient education.
11 (a) The General Assembly makes the following findings:
12 (1) Annually, about 207,090 new cases of breast cancer
13 are diagnosed, according to the American Cancer Society.
14 (2) Breast cancer has a disproportionate and
15 detrimental impact on African-American women and is the
16 most common cancer among Hispanic and Latina women.
17 (3) African-American women under the age of 40 have a
18 greater incidence of breast cancer than Caucasian women of
19 the same age.
20 (4) Individuals undergoing surgery for breast cancer
21 should give due consideration to the option of breast
22 reconstructive surgery, either at the same time as the
23 breast cancer surgery or at a later date.
24 (5) According to the American Cancer Society,
25 immediate breast reconstruction offers the advantage of

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1 combining the breast cancer surgery with the
2 reconstructive surgery and is cost effective.
3 (6) According to the American Cancer Society, delayed
4 breast reconstruction may be advantageous in women who
5 require post-surgical radiation or other treatments.
6 (7) A woman suffering from the loss of her breast may
7 not be a candidate for surgical breast reconstruction or
8 may choose not to undergo additional surgery and instead
9 choose breast prostheses.
10 (8) The federal Women's Health and Cancer Rights Act of
11 1998 requires health plans that offer breast cancer
12 coverage to also provide for breast reconstruction.
13 (9) Required coverage for breast reconstruction
14 includes all the necessary stages of reconstruction.
15 Surgery of the opposite breast for symmetry may be
16 required. Breast prostheses may be necessary. Other
17 sequelae of breast cancer treatment, such as lymphedema,
18 must be covered.
19 (10) Several states have enacted laws to require that
20 women receive information on their breast cancer treatment
21 and reconstruction options.
22 (b) In this Section:
23 "Hispanic" has the same meaning as in Section 1707 of
24 the federal Public Health Services Act.
25 "Racial and ethnic minority group" has the same meaning
26 as in Section 1707 of the federal Public Health Services

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1 Act.
2 (c) The Director shall provide for the planning and
3implementation of an education campaign to inform breast cancer
4patients, especially those in racial and ethnic minority
5groups, anticipating surgery regarding the availability and
6coverage of breast reconstruction, prostheses, and other
7options. The campaign shall include the dissemination, at a
8minimum, on relevant State health Internet websites, including
9the Department of Public Health's Internet website, of the
10following information:
11 (1) Breast reconstruction is possible at the time of
12 breast cancer surgery or in a delayed fashion.
13 (2) Prostheses or breast forms may be available.
14 (3) Federal law mandates both public and private health
15 plans to include coverage of breast reconstruction and
16 prostheses.
17 (4) The patient has a right to choose the provider of
18 reconstructive care, including the potential transfer of
19 care to a surgeon that provides breast reconstructive care.
20 (5) The patient may opt to undergo breast
21 reconstruction in a delayed fashion for personal reasons or
22 after completion of all other breast cancer treatments.
23 The campaign may include dissemination of such other
24information, whether developed by the Director or by other
25entities, as the Director determines relevant. The campaign
26shall not specify, or be designed to serve as a tool to limit,

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1the health care providers available to patients.
2 (d) In developing the information to be disseminated under
3this Section, the Director shall consult with appropriate
4medical societies and patient advocates related to breast
5cancer, patient advocates representing racial and ethnic
6minority groups, with a special emphasis on African-American
7and Hispanic populations' population's breast reconstructive
8surgery, and breast prostheses and breast forms.
9 (e) Beginning no later than January 1, 2016 (2 years after
10the effective date of Public Act 98-479) this amendatory Act of
11the 98th General Assembly and continuing each second year
12thereafter, the Director shall submit to the General Assembly a
13report describing the activities carried out under this Section
14during the preceding 2 fiscal years, including evaluating the
15extent to which the activities have been effective in improving
16the health of racial and ethnic minority groups.
17(Source: P.A. 98-479, eff. 1-1-14; revised 9-12-13.)
18 (20 ILCS 2310/2310-675)
19 (Section scheduled to be repealed on January 1, 2016)
20 Sec. 2310-675 2310-665. Hepatitis C Task Force.
21 (a) The General Assembly finds and declares the following:
22 (1) Viral hepatitis is a contagious and
23 life-threatening disease that has a substantial and
24 increasing effect upon the lifespans and quality of life of
25 at least 5,000,000 persons living in the United States and

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1 as many as 180,000,000 worldwide. According to the U.S.
2 Department of Health and Human Services (HHS), the chronic
3 form of the hepatitis C virus (HCV) and hepatitis B virus
4 (HBV) account for the vast majority of hepatitis-related
5 mortalities in the U.S., yet as many as 65% to 75% of
6 infected Americans remain unaware that they are infected
7 with the virus, prompting the U.S. Centers for Disease
8 Control and Prevention (CDC) to label these viruses as the
9 silent epidemic. HCV and HBV are major public health
10 problems that cause chronic liver diseases, such as
11 cirrhosis, liver failure, and liver cancer. The 5-year
12 survival rate for primary liver cancer is less than 5%.
13 These viruses are also the leading cause of liver
14 transplantation in the United States. While there is a
15 vaccine for HBV, no vaccine exists for HCV. However, there
16 are anti-viral treatments for HCV that can improve the
17 prognosis or actually clear the virus from the patient's
18 system. Unfortunately, the vast majority of infected
19 patients remain unaware that they have the virus since
20 there are generally no symptoms. Therefore, there is a dire
21 need to aid the public in identifying certain risk factors
22 that would warrant testing for these viruses. Millions of
23 infected patients remain undiagnosed and continue to be at
24 elevated risks for developing more serious complications.
25 More needs to be done to educate the public about this
26 disease and the risk factors that warrant testing. In some

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1 cases, infected patients play an unknowing role in further
2 spreading this infectious disease.
3 (2) The existence of HCV was definitively published and
4 discovered by medical researchers in 1989. Prior to this
5 date, HCV is believed to have spread unchecked. The
6 American Association for the Study of Liver Diseases
7 (AASLD) recommends that primary care physicians screen all
8 patients for a history of any viral hepatitis risk factor
9 and test those individuals with at least one identifiable
10 risk factor for the virus. Some of the most common risk
11 factors have been identified by AASLD, HHS, and the U.S.
12 Department of Veterans Affairs, as well as other public
13 health and medical research organizations, and include the
14 following:
15 (A) anyone who has received a blood transfusion
16 prior to 1992;
17 (B) anyone who is a Vietnam-era veteran;
18 (C) anyone who has abnormal liver function tests;
19 (D) anyone infected with the HIV virus;
20 (E) anyone who has used a needle to inject drugs;
21 (F) any health care, emergency medical, or public
22 safety worker who has been stuck by a needle or exposed
23 to any mucosal fluids of an HCV-infected person; and
24 (G) any children born to HCV-infected mothers.
25 A 1994 study determined that Caucasian Americans
26 statistically accounted for the most number of infected

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1 persons in the United States, while the highest incidence
2 rates were among African and Hispanic Americans.
3 (3) In January of 2010, the Institute of Medicine
4 (IOM), commissioned by the CDC, issued a comprehensive
5 report entitled Hepatitis and Liver Cancer: A National
6 Strategy for Prevention and Control of Hepatitis B and C.
7 The key findings and recommendations from the IOM's report
8 are (A) there is a lack of knowledge and awareness about
9 chronic viral hepatitis on the part of health care and
10 social service providers, (B) there is a lack of knowledge
11 and awareness about chronic viral hepatitis among at-risk
12 populations, members of the public, and policy makers, and
13 (C) there is insufficient understanding about the extent
14 and seriousness of the public health problem, so inadequate
15 public resources are being allocated to prevention,
16 control, and surveillance programs.
17 (4) In this same 2010 IOM report, researchers compared
18 the prevalence and incidences of HCV, HBV, and HIV and
19 found that, although there are only 1,100,000 HIV/AIDS
20 infected persons in the United States and over 4,000,000
21 Americans infected with viral hepatitis, the percentage of
22 those with HIV that are unaware they have HIV is only 21%
23 as opposed to approximately 70% of those with viral
24 hepatitis being unaware that they have viral hepatitis. It
25 appears that public awareness of risk factors associated
26 with each of these diseases could be a major factor in the

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1 alarming disparity between the percentage of the
2 population that is infected with one of these blood
3 viruses, but unaware that they are infected.
4 (5) In light of the widely varied nature of the risk
5 factors mentioned in this subsection (a), the previous
6 findings by the Institute of Medicine, and the clear
7 evidence of the disproportional public awareness between
8 HIV and viral hepatitis, it is clearly in the public
9 interest for this State to establish a task force to gather
10 testimony and develop an action plan to (A) increase public
11 awareness of the risk factors for these viruses, (B)
12 improve access to screening for these viruses, and (C)
13 provide those infected with information about the
14 prognosis, treatment options, and elevated risk of
15 developing cirrhosis and liver cancer. There is clear and
16 increasing evidence that many adults in Illinois and in the
17 United States have at least one of the risk factors
18 mentioned in this subsection (a).
19 (6) The General Assembly also finds that it is in the
20 public interest to bring communities of Illinois-based
21 veterans of American military service into familiarity
22 with the issues created by this disease, because many
23 veterans, especially Vietnam-era veterans, have at least
24 one of the previously enumerated risk factors and are
25 especially prone to being affected by this disease; and
26 because veterans of American military service should enjoy

HB5597- 145 -LRB098 15874 AMC 50917 b
1 in all cases, and do enjoy in most cases, adequate access
2 to health care services that include medical management and
3 care for preexisting and long-term medical conditions,
4 such as infection with the hepatitis virus.
5 (b) There is established the Hepatitis C Task Force within
6the Department of Public Health. The purpose of the Task Force
7shall be to:
8 (1) develop strategies to identify and address the
9 unmet needs of persons with hepatitis C in order to enhance
10 the quality of life of persons with hepatitis C by
11 maximizing productivity and independence and addressing
12 emotional, social, financial, and vocational challenges of
13 persons with hepatitis C;
14 (2) develop strategies to provide persons with
15 hepatitis C greater access to various treatments and other
16 therapeutic options that may be available; and
17 (3) develop strategies to improve hepatitis C
18 education and awareness.
19 (c) The Task Force shall consist of 17 members as follows:
20 (1) the Director of Public Health, the Director of
21 Veterans' Affairs, and the Director of Human Services, or
22 their designees, who shall serve ex officio;
23 (2) ten public members who shall be appointed by the
24 Director of Public Health from the medical, patient, and
25 service provider communities, including, but not limited
26 to, HCV Support, Inc.; and

HB5597- 146 -LRB098 15874 AMC 50917 b
1 (3) four members of the General Assembly, appointed one
2 each by the President of the Senate, the Minority Leader of
3 the Senate, the Speaker of the House of Representatives,
4 and the Minority Leader of the House of Representatives.
5 Vacancies in the membership of the Task Force shall be
6filled in the same manner provided for in the original
7appointments.
8 (d) The Task Force shall organize within 120 days following
9the appointment of a majority of its members and shall select a
10chairperson and vice-chairperson from among the members. The
11chairperson shall appoint a secretary, who need not be a member
12of the Task Force.
13 (e) The public members shall serve without compensation and
14shall not be reimbursed for necessary expenses incurred in the
15performance of their duties, unless funds become available to
16the Task Force.
17 (f) The Task Force shall be entitled to call to its
18assistance and avail itself of the services of the employees of
19any State, county, or municipal department, board, bureau,
20commission, or agency as it may require and as may be available
21to it for its purposes.
22 (g) The Task Force may meet and hold hearings as it deems
23appropriate.
24 (h) The Department of Public Health shall provide staff
25support to the Task Force.
26 (i) The Task Force shall report its findings and

HB5597- 147 -LRB098 15874 AMC 50917 b
1recommendations to the Governor and to the General Assembly,
2along with any legislative bills that it desires to recommend
3for adoption by the General Assembly, no later than December
431, 2015.
5 (j) The Task Force is abolished and this Section is
6repealed on January 1, 2016.
7(Source: P.A. 98-493, eff. 8-16-13; revised 9-12-13.)
8 (20 ILCS 2310/2310-680)
9 (Section scheduled to be repealed on January 1, 2016)
10 Sec. 2310-680 2310-665. Multiple Sclerosis Task Force.
11 (a) The General Assembly finds and declares the following:
12 (1) Multiple sclerosis (MS) is a chronic, often
13 disabling, disease that attacks the central nervous
14 system, which is comprised of the brain, spinal cord, and
15 optic nerves. MS is the number one disabling disease among
16 young adults, striking in the prime of life. It is a
17 disease in which the body, through its immune system,
18 launches a defensive and damaging attack against its own
19 tissues. MS damages the nerve-insulating myelin sheath
20 that surrounds and protects the brain. The damage to the
21 myelin sheath slows down or blocks messages between the
22 brain and the body.
23 (2) Most people experience their first symptoms of MS
24 between the ages of 20 and 40, but MS can appear in young
25 children and teens as well as much older adults. MS

HB5597- 148 -LRB098 15874 AMC 50917 b
1 symptoms can include visual disturbances, muscle weakness,
2 trouble with coordination and balance, sensations such as
3 numbness, prickling or pins and needles, and thought and
4 memory problems. MS patients can also experience partial or
5 complete paralysis, speech impediments, tremors,
6 dizziness, stiffness and spasms, fatigue, paresthesias,
7 pain, and loss of sensation.
8 (3) The cause of MS remains unknown; however, having a
9 first-degree relative, such as a parent or sibling, with MS
10 significantly increases a person's risk of developing the
11 disease. According to the National Institute of
12 Neurological Disorders and Stroke, it is estimated that
13 there are approximately 250,000 to 350,000 persons in the
14 United States who are diagnosed with MS. This estimate
15 suggests that approximately 200 new cases are diagnosed
16 each week. Other sources report a population of at least
17 400,000 in the United States. The estimate of persons with
18 MS in Illinois is 20,000, with at least 2 areas of MS
19 clusters identified in Illinois.
20 (4) Presently, there is no cure for MS. The complex and
21 variable nature of the disease makes it very difficult to
22 diagnose, treat, and research. The cost to the family,
23 often with young children, can be overwhelming. Among
24 common diagnoses, non-stroke neurologic illnesses, such as
25 multiple sclerosis, were associated with the highest
26 out-of-pocket expenditures (a mean of $34,167), followed

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1 by diabetes ($26,971), injuries ($25,096), stroke
2 ($23,380), mental illnesses ($23,178), and heart disease
3 ($21,955). Median out-of-pocket costs for health care
4 among people with MS, excluding insurance premiums, were
5 almost twice as much as the general population. The costs
6 associated with MS increase with greater disability. Costs
7 for severely disabled individuals are more than twice those
8 for persons with a relatively mild form of the disease. A
9 recent study of medical bankruptcy found that 62.1% of all
10 personal bankruptcies in the United States were related to
11 medical costs.
12 (5) Therefore, it is in the public interest for the
13 State to establish a Multiple Sclerosis Task Force in order
14 to identify and address the unmet needs of persons with MS
15 and develop ways to enhance their quality of life.
16 (b) There is established the Multiple Sclerosis Task Force
17in the Department of Public Health. The purpose of the Task
18Force shall be to:
19 (1) develop strategies to identify and address the
20 unmet needs of persons with MS in order to enhance the
21 quality of life of persons with MS by maximizing
22 productivity and independence and addressing emotional,
23 social, financial, and vocational challenges of persons
24 with MS;
25 (2) develop strategies to provide persons with MS
26 greater access to various treatments and other therapeutic

HB5597- 150 -LRB098 15874 AMC 50917 b
1 options that may be available; and
2 (3) develop strategies to improve multiple sclerosis
3 education and awareness.
4 (c) The Task Force shall consist of 16 members as follows:
5 (1) the Director of Public Health and the Director of
6 Human Services, or their designees, who shall serve ex
7 officio; and
8 (2) fourteen public members, who shall be appointed by
9 the Director of Public Health as follows: 2 neurologists
10 licensed to practice medicine in this State; 3 registered
11 nurses or other health professionals with MS certification
12 and extensive expertise with progressed MS; one person upon
13 the recommendation of the National Multiple Sclerosis
14 Society; 3 persons who represent agencies that provide
15 services or support to individuals with MS in this State; 3
16 persons who have MS, at least one of whom having progressed
17 MS; and 2 members of the public with a demonstrated
18 expertise in issues relating to the work of the Task Force.
19 Vacancies in the membership of the Task Force shall be
20filled in the same manner provided for in the original
21appointments.
22 (d) The Task Force shall organize within 120 days following
23the appointment of a majority of its members and shall select a
24chairperson and vice-chairperson from among the members. The
25chairperson shall appoint a secretary who need not be a member
26of the Task Force.

HB5597- 151 -LRB098 15874 AMC 50917 b
1 (e) The public members shall serve without compensation and
2shall not be reimbursed for necessary expenses incurred in the
3performance of their duties unless funds become available to
4the Task Force.
5 (f) The Task Force may meet and hold hearings as it deems
6appropriate.
7 (g) The Department of Public Health shall provide staff
8support to the Task Force.
9 (h) The Task Force shall report its findings and
10recommendations to the Governor and to the General Assembly,
11along with any legislative bills that it desires to recommend
12for adoption by the General Assembly, no later than December
1331, 2015.
14 (i) The Task Force is abolished and this Section is
15repealed on January 1, 2016.
16(Source: P.A. 98-530, eff. 8-23-13; revised 9-12-13.)
17 Section 95. The Disabilities Services Act of 2003 is
18amended by changing Section 10 as follows:
19 (20 ILCS 2407/10)
20 Sec. 10. Application of Act; definitions.
21 (a) This Act applies to persons with disabilities. The
22disabilities included are defined for purposes of this Act as
23follows:
24 "Disability" means a disability as defined by the Americans

HB5597- 152 -LRB098 15874 AMC 50917 b
1with Disabilities Act of 1990 that is attributable to a
2developmental disability, a mental illness, or a physical
3disability, or combination of those.
4 "Developmental disability" means a disability that is
5attributable to an intellectual disability or a related
6condition. A related condition must meet all of the following
7conditions:
8 (1) It must be attributable to cerebral palsy,
9 epilepsy, or any other condition (other than mental
10 illness) found to be closely related to an intellectual
11 disability because that condition results in impairment of
12 general intellectual functioning or adaptive behavior
13 similar to that of individuals with an intellectual
14 disability, and requires treatment or services similar to
15 those required for those individuals. For purposes of this
16 Section, autism is considered a related condition.
17 (2) It must be manifested before the individual reaches
18 age 22.
19 (3) It must be likely to continue indefinitely.
20 (4) It must result in substantial functional
21 limitations in 3 or more of the following areas of major
22 life activity: self-care, language, learning, mobility,
23 self-direction, and capacity for independent living.
24 "Mental Illness" means a mental or emotional disorder
25verified by a diagnosis contained in the Diagnostic and
26Statistical Manual of Mental Disorders-Fourth Edition,

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1published by the American Psychiatric Association (DSM-IV), or
2its successor, or International Classification of Diseases,
39th Revision, Clinical Modification (ICD-9-CM), or its
4successor, that substantially impairs a person's cognitive,
5emotional, or behavioral functioning, or any combination of
6those, excluding (i) conditions that may be the focus of
7clinical attention but are not of sufficient duration or
8severity to be categorized as a mental illness, such as
9parent-child relational problems, partner-relational problems,
10sexual abuse of a child, bereavement, academic problems,
11phase-of-life problems, and occupational problems
12(collectively, "V codes"), (ii) organic disorders such as
13substance intoxication dementia, substance withdrawal
14dementia, Alzheimer's disease, vascular dementia, dementia due
15to HIV infection, and dementia due to Creutzfeldt-Jakob
16Creutzfeld-Jakob disease and disorders associated with known
17or unknown physical conditions such as hallucinosis, amnestic
18disorders and delirium, and psychoactive substance-induced
19organic disorders, and (iii) an intellectual disability or
20psychoactive substance use disorders.
21 "Intellectual disability" means significantly sub-average
22general intellectual functioning existing concurrently with
23deficits in adaptive behavior and manifested before the age of
2422 years.
25 "Physical disability" means a disability as defined by the
26Americans with Disabilities Act of 1990 that meets the

HB5597- 154 -LRB098 15874 AMC 50917 b
1following criteria:
2 (1) It is attributable to a physical impairment.
3 (2) It results in a substantial functional limitation
4 in any of the following areas of major life activity: (i)
5 self-care, (ii) receptive and expressive language, (iii)
6 learning, (iv) mobility, (v) self-direction, (vi) capacity
7 for independent living, and (vii) economic sufficiency.
8 (3) It reflects the person's need for a combination and
9 sequence of special, interdisciplinary, or general care,
10 treatment, or other services that are of lifelong or of
11 extended duration and must be individually planned and
12 coordinated.
13 (b) In this Act:
14 "Chronological age-appropriate services" means services,
15activities, and strategies for persons with disabilities that
16are representative of the lifestyle activities of nondisabled
17peers of similar age in the community.
18 "Comprehensive evaluation" means procedures used by
19qualified professionals selectively with an individual to
20determine whether a person has a disability and the nature and
21extent of the services that the person with a disability needs.
22 "Department" means the Department on Aging, the Department
23of Human Services, the Department of Public Health, the
24Department of Public Aid (now Department Healthcare and Family
25Services), the University of Illinois Division of Specialized
26Care for Children, the Department of Children and Family

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1Services, and the Illinois State Board of Education, where
2appropriate, as designated in the implementation plan
3developed under Section 20.
4 "Family" means a natural, adoptive, or foster parent or
5parents or other person or persons responsible for the care of
6an individual with a disability in a family setting.
7 "Family or individual support" means those resources and
8services that are necessary to maintain an individual with a
9disability within the family home or his or her own home. These
10services may include, but are not limited to, cash subsidy,
11respite care, and counseling services.
12 "Independent service coordination" means a social service
13that enables persons with developmental disabilities and their
14families to locate, use, and coordinate resources and
15opportunities in their communities on the basis of individual
16need. Independent service coordination is independent of
17providers of services and funding sources and is designed to
18ensure accessibility, continuity of care, and accountability
19and to maximize the potential of persons with developmental
20disabilities for independence, productivity, and integration
21into the community. Independent service coordination includes,
22at a minimum: (i) outreach to identify eligible individuals;
23(ii) assessment and periodic reassessment to determine each
24individual's strengths, functional limitations, and need for
25specific services; (iii) participation in the development of a
26comprehensive individual service or treatment plan; (iv)

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1referral to and linkage with needed services and supports; (v)
2monitoring to ensure the delivery of appropriate services and
3to determine individual progress in meeting goals and
4objectives; and (vi) advocacy to assist the person in obtaining
5all services for which he or she is eligible or entitled.
6 "Individual service or treatment plan" means a recorded
7assessment of the needs of a person with a disability, a
8description of the services recommended, the goals of each type
9of element of service, an anticipated timetable for the
10accomplishment of the goals, and a designation of the qualified
11professionals responsible for the implementation of the plan.
12 "Least restrictive environment" means an environment that
13represents the least departure from the normal patterns of
14living and that effectively meets the needs of the person
15receiving the service.
16(Source: P.A. 97-227, eff. 1-1-12; revised 9-4-13.)
17 Section 100. The Department of State Police Law of the
18Civil Administrative Code of Illinois is amended by setting
19forth and renumbering multiple versions of Section 2605-595 as
20follows:
21 (20 ILCS 2605/2605-595)
22 Sec. 2605-595. State Police Firearm Services Fund.
23 (a) There is created in the State treasury a special fund
24known as the State Police Firearm Services Fund. The Fund shall

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1receive revenue under the Firearm Concealed Carry Act and
2Section 5 of the Firearm Owners Identification Card Act. The
3Fund may also receive revenue from grants, pass-through grants,
4donations, appropriations, and any other legal source.
5 (b) The Department of State Police may use moneys in the
6Fund to finance any of its lawful purposes, mandates,
7functions, and duties under the Firearm Owners Identification
8Card Act and the Firearm Concealed Carry Act, including the
9cost of sending notices of expiration of Firearm Owner's
10Identification Cards, concealed carry licenses, the prompt and
11efficient processing of applications under the Firearm Owners
12Identification Card Act and the Firearm Concealed Carry Act,
13the improved efficiency and reporting of the LEADS and federal
14NICS law enforcement data systems, and support for
15investigations required under these Acts and law. Any surplus
16funds beyond what is needed to comply with the aforementioned
17purposes shall be used by the Department to improve the Law
18Enforcement Agencies Data System (LEADS) and criminal history
19background check system.
20 (c) Investment income that is attributable to the
21investment of moneys in the Fund shall be retained in the Fund
22for the uses specified in this Section.
23(Source: P.A. 98-63, eff. 7-9-13.)
24 (20 ILCS 2605/2605-600)
25 Sec. 2605-600 2605-595. Crimes Against Police Officers

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1Advisory.
2 (a) For purposes of this Section:
3 "Attempt" has the meaning ascribed to that term in
4 Section 8-4 of the Criminal Code of 2012.
5 "Concealment of homicidal death" has the meaning
6 ascribed to that term in Section 9-3.4 of the Criminal Code
7 of 2012.
8 "First degree murder" has the meaning ascribed to that
9 term in Section 9-1 of the Criminal Code of 2012.
10 "Involuntary manslaughter" and "reckless homicide"
11 have the meanings ascribed to those terms in Section 9-3 of
12 the Criminal Code of 2012.
13 "Second degree murder" has the meaning ascribed to that
14 term in Section 9-2 of the Criminal Code of 2012.
15 (b) A coordinated program known as the Crimes Against
16Police Officers Advisory is established within the Department
17of State Police. The purpose of the Crimes Against Police
18Officers Advisory is to provide a regional system for the rapid
19dissemination of information regarding a person who is
20suspected of committing or attempting to commit any of the
21offenses described in subsection (c).
22 (c) The Department of State Police shall develop an
23advisory to assist law enforcement agencies when the commission
24or attempted commission of the following offenses against a
25peace officer occur:
26 (1) first degree murder;

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1 (2) second degree murder;
2 (3) involuntary manslaughter;
3 (4) reckless homicide; and
4 (5) concealment of homicidal death.
5 (d) Law enforcement agencies participating in the advisory
6may request assistance when:
7 (1) the agency believes that a suspect has not been
8 apprehended;
9 (2) the agency believes that the suspect may be a
10 serious threat to the public; and
11 (3) sufficient information is available to disseminate
12 to the public that could assist in locating the suspect.
13 (e) The Department of State Police shall reserve the
14authority to determine if dissemination of the information will
15pose a significant risk to the public or jeopardize the
16investigation.
17 (f) The Department of State Police may partner with media
18and may request a media broadcast concerning details of the
19suspect in order to obtain the public's assistance in locating
20the suspect or vehicle used in the offense, or both.
21(Source: P.A. 98-263, eff. 1-1-14; revised 10-17-13.)
22 Section 105. The Criminal Identification Act is amended by
23changing Sections 4 and 5.2 as follows:
24 (20 ILCS 2630/4) (from Ch. 38, par. 206-4)

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1 Sec. 4. The Department may use the following systems of
2identification: the Bertillon The Bertillion system, the
3finger print system, and any system of measurement or
4identification that may be adopted by law or rule in the
5various penal institutions or bureaus of identification
6wherever located.
7 The Department shall make a record consisting of duplicates
8of all measurements, processes, operations, signalletic cards,
9plates, photographs, outline pictures, measurements,
10descriptions of and data relating to all persons confined in
11penal institutions wherever located, so far as the same are
12obtainable, in accordance with whatever system or systems may
13be found most efficient and practical.
14(Source: Laws 1957, p. 1422; revised 9-4-13.)
15 (20 ILCS 2630/5.2)
16 Sec. 5.2. Expungement and sealing.
17 (a) General Provisions.
18 (1) Definitions. In this Act, words and phrases have
19 the meanings set forth in this subsection, except when a
20 particular context clearly requires a different meaning.
21 (A) The following terms shall have the meanings
22 ascribed to them in the Unified Code of Corrections,
23 730 ILCS 5/5-1-2 through 5/5-1-22:
24 (i) Business Offense (730 ILCS 5/5-1-2),
25 (ii) Charge (730 ILCS 5/5-1-3),

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

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

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

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1 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
2 of the Unified Code of Corrections, Section
3 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
4 those provisions existed before their deletion by
5 Public Act 89-313), Section 10-102 of the Illinois
6 Alcoholism and Other Drug Dependency Act, Section
7 40-10 of the Alcoholism and Other Drug Abuse and
8 Dependency Act, or Section 10 of the Steroid Control
9 Act. For the purpose of this Section, "successful
10 completion" of an order of qualified probation under
11 Section 10-102 of the Illinois Alcoholism and Other
12 Drug Dependency Act and Section 40-10 of the Alcoholism
13 and Other Drug Abuse and Dependency Act means that the
14 probation was terminated satisfactorily and the
15 judgment of conviction was vacated.
16 (K) "Seal" means to physically and electronically
17 maintain the records, unless the records would
18 otherwise be destroyed due to age, but to make the
19 records unavailable without a court order, subject to
20 the exceptions in Sections 12 and 13 of this Act. The
21 petitioner's name shall also be obliterated from the
22 official index required to be kept by the circuit court
23 clerk under Section 16 of the Clerks of Courts Act, but
24 any index issued by the circuit court clerk before the
25 entry of the order to seal shall not be affected.
26 (L) "Sexual offense committed against a minor"

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1 includes but is not limited to the offenses of indecent
2 solicitation of a child or criminal sexual abuse when
3 the victim of such offense is under 18 years of age.
4 (M) "Terminate" as it relates to a sentence or
5 order of supervision or qualified probation includes
6 either satisfactory or unsatisfactory termination of
7 the sentence, unless otherwise specified in this
8 Section.
9 (2) Minor Traffic Offenses. Orders of supervision or
10 convictions for minor traffic offenses shall not affect a
11 petitioner's eligibility to expunge or seal records
12 pursuant to this Section.
13 (3) Exclusions. Except as otherwise provided in
14 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
15 of this Section, the court shall not order:
16 (A) the sealing or expungement of the records of
17 arrests or charges not initiated by arrest that result
18 in an order of supervision for or conviction of: (i)
19 any sexual offense committed against a minor; (ii)
20 Section 11-501 of the Illinois Vehicle Code or a
21 similar provision of a local ordinance; or (iii)
22 Section 11-503 of the Illinois Vehicle Code or a
23 similar provision of a local ordinance, unless the
24 arrest or charge is for a misdemeanor violation of
25 subsection (a) of Section 11-503 or a similar provision
26 of a local ordinance, that occurred prior to the

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

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

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1 (v) the charge results in acquittal,
2 dismissal, or the petitioner's release without
3 conviction; or
4 (vi) the charge results in a conviction, but
5 the conviction was reversed or vacated.
6 (b) Expungement.
7 (1) A petitioner may petition the circuit court to
8 expunge the records of his or her arrests and charges not
9 initiated by arrest when:
10 (A) He or she has never been convicted of a
11 criminal offense; and
12 (B) Each arrest or charge not initiated by arrest
13 sought to be expunged resulted in: (i) acquittal,
14 dismissal, or the petitioner's release without
15 charging, unless excluded by subsection (a)(3)(B);
16 (ii) a conviction which was vacated or reversed, unless
17 excluded by subsection (a)(3)(B); (iii) an order of
18 supervision and such supervision was successfully
19 completed by the petitioner, unless excluded by
20 subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
21 qualified probation (as defined in subsection
22 (a)(1)(J)) and such probation was successfully
23 completed by the petitioner.
24 (2) Time frame for filing a petition to expunge.
25 (A) When the arrest or charge not initiated by
26 arrest sought to be expunged resulted in an acquittal,

HB5597- 169 -LRB098 15874 AMC 50917 b
1 dismissal, the petitioner's release without charging,
2 or the reversal or vacation of a conviction, there is
3 no waiting period to petition for the expungement of
4 such records.
5 (B) When the arrest or charge not initiated by
6 arrest sought to be expunged resulted in an order of
7 supervision, successfully completed by the petitioner,
8 the following time frames will apply:
9 (i) Those arrests or charges that resulted in
10 orders of supervision under Section 3-707, 3-708,
11 3-710, or 5-401.3 of the Illinois Vehicle Code or a
12 similar provision of a local ordinance, or under
13 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
14 Code of 1961 or the Criminal Code of 2012, or a
15 similar provision of a local ordinance, shall not
16 be eligible for expungement until 5 years have
17 passed following the satisfactory termination of
18 the supervision.
19 (i-5) Those arrests or charges that resulted
20 in orders of supervision for a misdemeanor
21 violation of subsection (a) of Section 11-503 of
22 the Illinois Vehicle Code or a similar provision of
23 a local ordinance, that occurred prior to the
24 offender reaching the age of 25 years and the
25 offender has no other conviction for violating
26 Section 11-501 or 11-503 of the Illinois Vehicle

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1 Code or a similar provision of a local ordinance
2 shall not be eligible for expungement until the
3 petitioner has reached the age of 25 years.
4 (ii) Those arrests or charges that resulted in
5 orders of supervision for any other offenses shall
6 not be eligible for expungement until 2 years have
7 passed following the satisfactory termination of
8 the supervision.
9 (C) When the arrest or charge not initiated by
10 arrest sought to be expunged resulted in an order of
11 qualified probation, successfully completed by the
12 petitioner, such records shall not be eligible for
13 expungement until 5 years have passed following the
14 satisfactory termination of the probation.
15 (3) Those records maintained by the Department for
16 persons arrested prior to their 17th birthday shall be
17 expunged as provided in Section 5-915 of the Juvenile Court
18 Act of 1987.
19 (4) Whenever a person has been arrested for or
20 convicted of any offense, in the name of a person whose
21 identity he or she has stolen or otherwise come into
22 possession of, the aggrieved person from whom the identity
23 was stolen or otherwise obtained without authorization,
24 upon learning of the person having been arrested using his
25 or her identity, may, upon verified petition to the chief
26 judge of the circuit wherein the arrest was made, have a

HB5597- 171 -LRB098 15874 AMC 50917 b
1 court order entered nunc pro tunc by the Chief Judge to
2 correct the arrest record, conviction record, if any, and
3 all official records of the arresting authority, the
4 Department, other criminal justice agencies, the
5 prosecutor, and the trial court concerning such arrest, if
6 any, by removing his or her name from all such records in
7 connection with the arrest and conviction, if any, and by
8 inserting in the records the name of the offender, if known
9 or ascertainable, in lieu of the aggrieved's name. The
10 records of the circuit court clerk shall be sealed until
11 further order of the court upon good cause shown and the
12 name of the aggrieved person obliterated on the official
13 index required to be kept by the circuit court clerk under
14 Section 16 of the Clerks of Courts Act, but the order shall
15 not affect any index issued by the circuit court clerk
16 before the entry of the order. Nothing in this Section
17 shall limit the Department of State Police or other
18 criminal justice agencies or prosecutors from listing
19 under an offender's name the false names he or she has
20 used.
21 (5) Whenever a person has been convicted of criminal
22 sexual assault, aggravated criminal sexual assault,
23 predatory criminal sexual assault of a child, criminal
24 sexual abuse, or aggravated criminal sexual abuse, the
25 victim of that offense may request that the State's
26 Attorney of the county in which the conviction occurred

HB5597- 172 -LRB098 15874 AMC 50917 b
1 file a verified petition with the presiding trial judge at
2 the petitioner's trial to have a court order entered to
3 seal the records of the circuit court clerk in connection
4 with the proceedings of the trial court concerning that
5 offense. However, the records of the arresting authority
6 and the Department of State Police concerning the offense
7 shall not be sealed. The court, upon good cause shown,
8 shall make the records of the circuit court clerk in
9 connection with the proceedings of the trial court
10 concerning the offense available for public inspection.
11 (6) If a conviction has been set aside on direct review
12 or on collateral attack and the court determines by clear
13 and convincing evidence that the petitioner was factually
14 innocent of the charge, the court that finds the petitioner
15 factually innocent of the charge shall enter an expungement
16 order for the conviction for which the petitioner has been
17 determined to be innocent as provided in subsection (b) of
18 Section 5-5-4 of the Unified Code of Corrections.
19 (7) Nothing in this Section shall prevent the
20 Department of State Police from maintaining all records of
21 any person who is admitted to probation upon terms and
22 conditions and who fulfills those terms and conditions
23 pursuant to Section 10 of the Cannabis Control Act, Section
24 410 of the Illinois Controlled Substances Act, Section 70
25 of the Methamphetamine Control and Community Protection
26 Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

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

HB5597- 174 -LRB098 15874 AMC 50917 b
1 excluded by subsection (a)(3)(B);
2 (C) Arrests or charges not initiated by arrest
3 resulting in orders of supervision successfully
4 completed by the petitioner, unless excluded by
5 subsection (a)(3);
6 (D) Arrests or charges not initiated by arrest
7 resulting in convictions unless excluded by subsection
8 (a)(3);
9 (E) Arrests or charges not initiated by arrest
10 resulting in orders of first offender probation under
11 Section 10 of the Cannabis Control Act, Section 410 of
12 the Illinois Controlled Substances Act, Section 70 of
13 the Methamphetamine Control and Community Protection
14 Act, or Section 5-6-3.3 of the Unified Code of
15 Corrections; and
16 (F) Arrests or charges not initiated by arrest
17 resulting in felony convictions for the following
18 offenses:
19 (i) Class 4 felony convictions for:
20 Prostitution under Section 11-14 of the
21 Criminal Code of 1961 or the Criminal Code of
22 2012.
23 Possession of cannabis under Section 4 of
24 the Cannabis Control Act.
25 Possession of a controlled substance under
26 Section 402 of the Illinois Controlled

HB5597- 175 -LRB098 15874 AMC 50917 b
1 Substances Act.
2 Offenses under the Methamphetamine
3 Precursor Control Act.
4 Offenses under the Steroid Control Act.
5 Theft under Section 16-1 of the Criminal
6 Code of 1961 or the Criminal Code of 2012.
7 Retail theft under Section 16A-3 or
8 paragraph (a) of 16-25 of the Criminal Code of
9 1961 or the Criminal Code of 2012.
10 Deceptive practices under Section 17-1 of
11 the Criminal Code of 1961 or the Criminal Code
12 of 2012.
13 Forgery under Section 17-3 of the Criminal
14 Code of 1961 or the Criminal Code of 2012.
15 Possession of burglary tools under Section
16 19-2 of the Criminal Code of 1961 or the
17 Criminal Code of 2012.
18 (ii) Class 3 felony convictions for:
19 Theft under Section 16-1 of the Criminal
20 Code of 1961 or the Criminal Code of 2012.
21 Retail theft under Section 16A-3 or
22 paragraph (a) of 16-25 of the Criminal Code of
23 1961 or the Criminal Code of 2012.
24 Deceptive practices under Section 17-1 of
25 the Criminal Code of 1961 or the Criminal Code
26 of 2012.

HB5597- 176 -LRB098 15874 AMC 50917 b
1 Forgery under Section 17-3 of the Criminal
2 Code of 1961 or the Criminal Code of 2012.
3 Possession with intent to manufacture or
4 deliver a controlled substance under Section
5 401 of the Illinois Controlled Substances Act.
6 (3) When Records Are Eligible to Be Sealed. Records
7 identified as eligible under subsection (c)(2) may be
8 sealed as follows:
9 (A) Records identified as eligible under
10 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
11 time.
12 (B) Records identified as eligible under
13 subsection (c)(2)(C) may be sealed (i) 3 years after
14 the termination of petitioner's last sentence (as
15 defined in subsection (a)(1)(F)) if the petitioner has
16 never been convicted of a criminal offense (as defined
17 in subsection (a)(1)(D)); or (ii) 4 years after the
18 termination of the petitioner's last sentence (as
19 defined in subsection (a)(1)(F)) if the petitioner has
20 ever been convicted of a criminal offense (as defined
21 in subsection (a)(1)(D)).
22 (C) Records identified as eligible under
23 subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
24 sealed 4 years after the termination of the
25 petitioner's last sentence (as defined in subsection
26 (a)(1)(F)).

HB5597- 177 -LRB098 15874 AMC 50917 b
1 (D) Records identified in subsection
2 (a)(3)(A)(iii) may be sealed after the petitioner has
3 reached the age of 25 years.
4 (4) Subsequent felony convictions. A person may not
5 have subsequent felony conviction records sealed as
6 provided in this subsection (c) if he or she is convicted
7 of any felony offense after the date of the sealing of
8 prior felony convictions as provided in this subsection
9 (c). The court may, upon conviction for a subsequent felony
10 offense, order the unsealing of prior felony conviction
11 records previously ordered sealed by the court.
12 (5) Notice of eligibility for sealing. Upon entry of a
13 disposition for an eligible record under this subsection
14 (c), the petitioner shall be informed by the court of the
15 right to have the records sealed and the procedures for the
16 sealing of the records.
17 (d) Procedure. The following procedures apply to
18expungement under subsections (b), (e), and (e-6) and sealing
19under subsections (c) and (e-5):
20 (1) Filing the petition. Upon becoming eligible to
21 petition for the expungement or sealing of records under
22 this Section, the petitioner shall file a petition
23 requesting the expungement or sealing of records with the
24 clerk of the court where the arrests occurred or the
25 charges were brought, or both. If arrests occurred or
26 charges were brought in multiple jurisdictions, a petition

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1 must be filed in each such jurisdiction. The petitioner
2 shall pay the applicable fee, if not waived.
3 (2) Contents of petition. The petition shall be
4 verified and shall contain the petitioner's name, date of
5 birth, current address and, for each arrest or charge not
6 initiated by arrest sought to be sealed or expunged, the
7 case number, the date of arrest (if any), the identity of
8 the arresting authority, and such other information as the
9 court may require. During the pendency of the proceeding,
10 the petitioner shall promptly notify the circuit court
11 clerk of any change of his or her address. If the
12 petitioner has received a certificate of eligibility for
13 sealing from the Prisoner Review Board under paragraph (10)
14 of subsection (a) of Section 3-3-2 of the Unified Code of
15 Corrections, the certificate shall be attached to the
16 petition.
17 (3) Drug test. The petitioner must attach to the
18 petition proof that the petitioner has passed a test taken
19 within 30 days before the filing of the petition showing
20 the absence within his or her body of all illegal
21 substances as defined by the Illinois Controlled
22 Substances Act, the Methamphetamine Control and Community
23 Protection Act, and the Cannabis Control Act if he or she
24 is petitioning to:
25 (A) seal felony records under clause (c)(2)(E);
26 (B) seal felony records for a violation of the

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1 Illinois Controlled Substances Act, the
2 Methamphetamine Control and Community Protection Act,
3 or the Cannabis Control Act under clause (c)(2)(F);
4 (C) seal felony records under subsection (e-5); or
5 (D) expunge felony records of a qualified
6 probation under clause (b)(1)(B)(iv).
7 (4) Service of petition. The circuit court clerk shall
8 promptly serve a copy of the petition and documentation to
9 support the petition under subsection (e), (e-5), or (e-6)
10 on the State's Attorney or prosecutor charged with the duty
11 of prosecuting the offense, the Department of State Police,
12 the arresting agency and the chief legal officer of the
13 unit of local government effecting the arrest.
14 (5) Objections.
15 (A) Any party entitled to notice of the petition
16 may file an objection to the petition. All objections
17 shall be in writing, shall be filed with the circuit
18 court clerk, and shall state with specificity the basis
19 of the objection.
20 (B) Objections to a petition to expunge or seal
21 must be filed within 60 days of the date of service of
22 the petition.
23 (6) Entry of order.
24 (A) The Chief Judge of the circuit wherein the
25 charge was brought, any judge of that circuit
26 designated by the Chief Judge, or in counties of less

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1 than 3,000,000 inhabitants, the presiding trial judge
2 at the petitioner's trial, if any, shall rule on the
3 petition to expunge or seal as set forth in this
4 subsection (d)(6).
5 (B) Unless the State's Attorney or prosecutor, the
6 Department of State Police, the arresting agency, or
7 the chief legal officer files an objection to the
8 petition to expunge or seal within 60 days from the
9 date of service of the petition, the court shall enter
10 an order granting or denying the petition.
11 (7) Hearings. If an objection is filed, the court shall
12 set a date for a hearing and notify the petitioner and all
13 parties entitled to notice of the petition of the hearing
14 date at least 30 days prior to the hearing. Prior to the
15 hearing, the State's Attorney shall consult with the
16 Department as to the appropriateness of the relief sought
17 in the petition to expunge or seal. At the hearing, the
18 court shall hear evidence on whether the petition should or
19 should not be granted, and shall grant or deny the petition
20 to expunge or seal the records based on the evidence
21 presented at the hearing. The court may consider the
22 following:
23 (A) the strength of the evidence supporting the
24 defendant's conviction;
25 (B) the reasons for retention of the conviction
26 records by the State;

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1 (C) the petitioner's age, criminal record history,
2 and employment history;
3 (D) the period of time between the petitioner's
4 arrest on the charge resulting in the conviction and
5 the filing of the petition under this Section; and
6 (E) the specific adverse consequences the
7 petitioner may be subject to if the petition is denied.
8 (8) Service of order. After entering an order to
9 expunge or seal records, the court must provide copies of
10 the order to the Department, in a form and manner
11 prescribed by the Department, to the petitioner, to the
12 State's Attorney or prosecutor charged with the duty of
13 prosecuting the offense, to the arresting agency, to the
14 chief legal officer of the unit of local government
15 effecting the arrest, and to such other criminal justice
16 agencies as may be ordered by the court.
17 (9) Implementation of order.
18 (A) Upon entry of an order to expunge records
19 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
20 (i) the records shall be expunged (as defined
21 in subsection (a)(1)(E)) by the arresting agency,
22 the Department, and any other agency as ordered by
23 the court, within 60 days of the date of service of
24 the order, unless a motion to vacate, modify, or
25 reconsider the order is filed pursuant to
26 paragraph (12) of subsection (d) of this Section;

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

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1 petitioner obliterated on the official index
2 required to be kept by the circuit court clerk
3 under Section 16 of the Clerks of Courts Act, but
4 the order shall not affect any index issued by the
5 circuit court clerk before the entry of the order;
6 (iii) the records shall be impounded by the
7 Department within 60 days of the date of service of
8 the order as ordered by the court, unless a motion
9 to vacate, modify, or reconsider the order is filed
10 pursuant to paragraph (12) of subsection (d) of
11 this Section;
12 (iv) records impounded by the Department may
13 be disseminated by the Department only as required
14 by law or to the arresting authority, the State's
15 Attorney, and the court upon a later arrest for the
16 same or a similar offense or for the purpose of
17 sentencing for any subsequent felony, and to the
18 Department of Corrections upon conviction for any
19 offense; and
20 (v) in response to an inquiry for such records
21 from anyone not authorized by law to access such
22 records, the court, the Department, or the agency
23 receiving such inquiry shall reply as it does in
24 response to inquiries when no records ever
25 existed.
26 (B-5) Upon entry of an order to expunge records

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

HB5597- 185 -LRB098 15874 AMC 50917 b
1 same or a similar offense or for the purpose of
2 sentencing for any subsequent felony, and to the
3 Department of Corrections upon conviction for any
4 offense; and
5 (v) in response to an inquiry for these records
6 from anyone not authorized by law to access the
7 records, the court, the Department, or the agency
8 receiving the inquiry shall reply as it does in
9 response to inquiries when no records ever
10 existed.
11 (C) Upon entry of an order to seal records under
12 subsection (c), the arresting agency, any other agency
13 as ordered by the court, the Department, and the court
14 shall seal the records (as defined in subsection
15 (a)(1)(K)). In response to an inquiry for such records
16 from anyone not authorized by law to access such
17 records, the court, the Department, or the agency
18 receiving such inquiry shall reply as it does in
19 response to inquiries when no records ever existed.
20 (D) The Department shall send written notice to the
21 petitioner of its compliance with each order to expunge
22 or seal records within 60 days of the date of service
23 of that order or, if a motion to vacate, modify, or
24 reconsider is filed, within 60 days of service of the
25 order resolving the motion, if that order requires the
26 Department to expunge or seal records. In the event of

HB5597- 186 -LRB098 15874 AMC 50917 b
1 an appeal from the circuit court order, the Department
2 shall send written notice to the petitioner of its
3 compliance with an Appellate Court or Supreme Court
4 judgment to expunge or seal records within 60 days of
5 the issuance of the court's mandate. The notice is not
6 required while any motion to vacate, modify, or
7 reconsider, or any appeal or petition for
8 discretionary appellate review, is pending.
9 (10) Fees. The Department may charge the petitioner a
10 fee equivalent to the cost of processing any order to
11 expunge or seal records. Notwithstanding any provision of
12 the Clerks of Courts Act to the contrary, the circuit court
13 clerk may charge a fee equivalent to the cost associated
14 with the sealing or expungement of records by the circuit
15 court clerk. From the total filing fee collected for the
16 petition to seal or expunge, the circuit court clerk shall
17 deposit $10 into the Circuit Court Clerk Operation and
18 Administrative Fund, to be used to offset the costs
19 incurred by the circuit court clerk in performing the
20 additional duties required to serve the petition to seal or
21 expunge on all parties. The circuit court clerk shall
22 collect and forward the Department of State Police portion
23 of the fee to the Department and it shall be deposited in
24 the State Police Services Fund.
25 (11) Final Order. No court order issued under the
26 expungement or sealing provisions of this Section shall

HB5597- 187 -LRB098 15874 AMC 50917 b
1 become final for purposes of appeal until 30 days after
2 service of the order on the petitioner and all parties
3 entitled to notice of the petition.
4 (12) Motion to Vacate, Modify, or Reconsider. Under
5 Section 2-1203 of the Code of Civil Procedure, the
6 petitioner or any party entitled to notice may file a
7 motion to vacate, modify, or reconsider the order granting
8 or denying the petition to expunge or seal within 60 days
9 of service of the order. If filed more than 60 days after
10 service of the order, a petition to vacate, modify, or
11 reconsider shall comply with subsection (c) of Section
12 2-1401 of the Code of Civil Procedure. Upon filing of a
13 motion to vacate, modify, or reconsider, notice of the
14 motion shall be served upon the petitioner and all parties
15 entitled to notice of the petition.
16 (13) Effect of Order. An order granting a petition
17 under the expungement or sealing provisions of this Section
18 shall not be considered void because it fails to comply
19 with the provisions of this Section or because of any error
20 asserted in a motion to vacate, modify, or reconsider. The
21 circuit court retains jurisdiction to determine whether
22 the order is voidable and to vacate, modify, or reconsider
23 its terms based on a motion filed under paragraph (12) of
24 this subsection (d).
25 (14) Compliance with Order Granting Petition to Seal
26 Records. Unless a court has entered a stay of an order

HB5597- 188 -LRB098 15874 AMC 50917 b
1 granting a petition to seal, all parties entitled to notice
2 of the petition must fully comply with the terms of the
3 order within 60 days of service of the order even if a
4 party is seeking relief from the order through a motion
5 filed under paragraph (12) of this subsection (d) or is
6 appealing the order.
7 (15) Compliance with Order Granting Petition to
8 Expunge Records. While a party is seeking relief from the
9 order granting the petition to expunge through a motion
10 filed under paragraph (12) of this subsection (d) or is
11 appealing the order, and unless a court has entered a stay
12 of that order, the parties entitled to notice of the
13 petition must seal, but need not expunge, the records until
14 there is a final order on the motion for relief or, in the
15 case of an appeal, the issuance of that court's mandate.
16 (16) The changes to this subsection (d) made by Public
17 Act 98-163 this amendatory Act of the 98th General Assembly
18 apply to all petitions pending on August 5, 2013 (the
19 effective date of Public Act 98-163) this amendatory Act of
20 the 98th General Assembly and to all orders ruling on a
21 petition to expunge or seal on or after August 5, 2013 (the
22 effective date of Public Act 98-163) this amendatory Act of
23 the 98th General Assembly.
24 (e) Whenever a person who has been convicted of an offense
25is granted a pardon by the Governor which specifically
26authorizes expungement, he or she may, upon verified petition

HB5597- 189 -LRB098 15874 AMC 50917 b
1to the Chief Judge of the circuit where the person had been
2convicted, any judge of the circuit designated by the Chief
3Judge, or in counties of less than 3,000,000 inhabitants, the
4presiding trial judge at the defendant's trial, have a court
5order entered expunging the record of arrest from the official
6records of the arresting authority and order that the records
7of the circuit court clerk and the Department be sealed until
8further order of the court upon good cause shown or as
9otherwise provided herein, and the name of the defendant
10obliterated from the official index requested to be kept by the
11circuit court clerk under Section 16 of the Clerks of Courts
12Act in connection with the arrest and conviction for the
13offense for which he or she had been pardoned but the order
14shall not affect any index issued by the circuit court clerk
15before the entry of the order. All records sealed by the
16Department may be disseminated by the Department only to the
17arresting authority, the State's Attorney, and the court upon a
18later arrest for the same or similar offense or for the purpose
19of sentencing for any subsequent felony. Upon conviction for
20any subsequent offense, the Department of Corrections shall
21have access to all sealed records of the Department pertaining
22to that individual. Upon entry of the order of expungement, the
23circuit court clerk shall promptly mail a copy of the order to
24the person who was pardoned.
25 (e-5) Whenever a person who has been convicted of an
26offense is granted a certificate of eligibility for sealing by

HB5597- 190 -LRB098 15874 AMC 50917 b
1the Prisoner Review Board which specifically authorizes
2sealing, he or she may, upon verified petition to the Chief
3Judge of the circuit where the person had been convicted, any
4judge of the circuit designated by the Chief Judge, or in
5counties of less than 3,000,000 inhabitants, the presiding
6trial judge at the petitioner's trial, have a court order
7entered sealing the record of arrest from the official records
8of the arresting authority and order that the records of the
9circuit court clerk and the Department be sealed until further
10order of the court upon good cause shown or as otherwise
11provided herein, and the name of the petitioner obliterated
12from the official index requested to be kept by the circuit
13court clerk under Section 16 of the Clerks of Courts Act in
14connection with the arrest and conviction for the offense for
15which he or she had been granted the certificate but the order
16shall not affect any index issued by the circuit court clerk
17before the entry of the order. All records sealed by the
18Department may be disseminated by the Department only as
19required by this Act or to the arresting authority, a law
20enforcement agency, the State's Attorney, and the court upon a
21later arrest for the same or similar offense or for the purpose
22of sentencing for any subsequent felony. Upon conviction for
23any subsequent offense, the Department of Corrections shall
24have access to all sealed records of the Department pertaining
25to that individual. Upon entry of the order of sealing, the
26circuit court clerk shall promptly mail a copy of the order to

HB5597- 191 -LRB098 15874 AMC 50917 b
1the person who was granted the certificate of eligibility for
2sealing.
3 (e-6) Whenever a person who has been convicted of an
4offense is granted a certificate of eligibility for expungement
5by the Prisoner Review Board which specifically authorizes
6expungement, he or she may, upon verified petition to the Chief
7Judge of the circuit where the person had been convicted, any
8judge of the circuit designated by the Chief Judge, or in
9counties of less than 3,000,000 inhabitants, the presiding
10trial judge at the petitioner's trial, have a court order
11entered expunging the record of arrest from the official
12records of the arresting authority and order that the records
13of the circuit court clerk and the Department be sealed until
14further order of the court upon good cause shown or as
15otherwise provided herein, and the name of the petitioner
16obliterated from the official index requested to be kept by the
17circuit court clerk under Section 16 of the Clerks of Courts
18Act in connection with the arrest and conviction for the
19offense for which he or she had been granted the certificate
20but the order shall not affect any index issued by the circuit
21court clerk before the entry of the order. All records sealed
22by the Department may be disseminated by the Department only as
23required by this Act or to the arresting authority, a law
24enforcement agency, the State's Attorney, and the court upon a
25later arrest for the same or similar offense or for the purpose
26of sentencing for any subsequent felony. Upon conviction for

HB5597- 192 -LRB098 15874 AMC 50917 b
1any subsequent offense, the Department of Corrections shall
2have access to all expunged records of the Department
3pertaining to that individual. Upon entry of the order of
4expungement, the circuit court clerk shall promptly mail a copy
5of the order to the person who was granted the certificate of
6eligibility for expungement.
7 (f) Subject to available funding, the Illinois Department
8of Corrections shall conduct a study of the impact of sealing,
9especially on employment and recidivism rates, utilizing a
10random sample of those who apply for the sealing of their
11criminal records under Public Act 93-211. At the request of the
12Illinois Department of Corrections, records of the Illinois
13Department of Employment Security shall be utilized as
14appropriate to assist in the study. The study shall not
15disclose any data in a manner that would allow the
16identification of any particular individual or employing unit.
17The study shall be made available to the General Assembly no
18later than September 1, 2010.
19(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
2097-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
211-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
22eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
23eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
249-4-13.)
25 Section 110. The Governor's Office of Management and Budget

HB5597- 193 -LRB098 15874 AMC 50917 b
1Act is amended by changing Section 2.7 as follows:
2 (20 ILCS 3005/2.7)
3 Sec. 2.7. Securities information. To assist those entities
4underwriting securities that are payable from State
5appropriations, whether issued by the State or by others, by
6providing financial and other information regarding the State
7to securities investors, nationally recognized securities
8information repositories, or the federal Municipal Securities
9Rulemaking Board, and to any State information depository as
10required by the federal Securities and Exchange Act of 1934 and
11the rules promulgated thereunder. The Governor's Office of
12Management and Budget is the only State office authorized to
13provide such information.
14(Source: P.A. 93-25, eff. 6-20-03; revised 9-4-13.)
15 Section 115. The Capital Development Board Act is amended
16by changing Section 14 as follows:
17 (20 ILCS 3105/14) (from Ch. 127, par. 783.01)
18 Sec. 14. (a) It is the purpose of this Act to provide for
19the promotion and preservation of the arts by securing suitable
20works of art for the adornment of public buildings constructed
21or subjected to major renovation by the State or which utilize
22State funds, and thereby reflecting the diverse cultural
23heritage of Illinois, with emphasis on the works of Illinois

HB5597- 194 -LRB098 15874 AMC 50917 b
1artists.
2 (b) As used in this Act, "works : "Works of art" shall apply
3to and include paintings, prints, sculptures, graphics, mural
4decorations, stained glass, statues, bas reliefs, ornaments,
5fountains, ornamental gateways, or other creative works which
6reflect form, beauty and aesthetic perceptions.
7 (c) Beginning with the fiscal year ending June 30, 1979,
8and for each succeeding fiscal year thereafter, for
9construction projects managed by the Capital Development
10Board, the Capital Development Board shall set aside 1/2 of 1
11percent of the amount authorized and appropriated for
12construction or reconstruction of each public building
13financed in whole or in part by State funds and generally
14accessible to and used by the public for purchase and placement
15of suitable works of art in such public buildings. The location
16and character of the work or works of art to be installed in
17such public buildings shall be determined by the Chairperson of
18the Illinois Arts Council, in consultation with the designing
19architect. The work or works of art shall be in a permanent and
20prominent location..
21 (d) There is created a Fine Arts Review Committee
22consisting of the designing architect, the Chairperson of the
23Illinois Arts Council or his or her designee, who shall serve
24as the chair of the Committee, the Director of the Illinois
25State Museum or his or her designee, and a representative of
26the using agency. The Committee, after such study as it deems

HB5597- 195 -LRB098 15874 AMC 50917 b
1necessary, shall recommend three artists or works of art in
2order of preference. The Chairperson of the Illinois Arts
3Council will make the final selection from among the
4recommendations submitted. The Illinois Arts Council shall
5provide administrative support for the Fine Arts Review
6Committee and may promulgate rules to implement this
7subsection.
8 (e) Subsection (c) does not apply to construction projects
9for which the amount appropriated is less than $1,000,000.
10 (f) The Capital Development Board shall enter into a
11contract with the artist, or with the owner of the work or
12works of art, selected by the Chairperson of the Illinois Arts
13Council as provided in subsection (d) of this Section. The
14total amount of the contract or contracts shall not exceed the
15amount set aside pursuant to subsection (c) of this Section. If
16the Capital Development Board cannot reach an agreement with
17the artist or owner of the work or works of art, then the Board
18shall notify the Chairperson of the Illinois Arts Council, and
19the Chairperson may select a different artist or work or works
20of art from the three recommendations made by the Fine Arts
21Review Committee.
22(Source: P.A. 98-572, eff. 1-1-14; revised 11-12-13.)
23 Section 120. The Illinois Emergency Management Agency Act
24is amended by changing Section 21 as follows:

HB5597- 196 -LRB098 15874 AMC 50917 b
1 (20 ILCS 3305/21) (from Ch. 127, par. 1071)
2 Sec. 21. No Private Liability.
3 (a) Any person owning or controlling real estate or other
4premises who voluntarily and without compensation grants a
5license or privilege, or otherwise permits the designation or
6use of the whole or any part or parts of such real estate or
7premises for the purpose of sheltering persons during an actual
8or impending disaster, or an a exercise together with his or
9her successors in interest, if any, shall not be civilly liable
10for negligently causing the death of, or injury to, any person
11on or about such real estate or premises under such license,
12privilege or other permission, or for negligently causing loss
13of, or damage to, the property of such person.
14 (b) Any private person, firm or corporation and employees
15and agents of such person, firm or corporation in the
16performance of a contract with, and under the direction of, the
17State, or any political subdivision of the State under the
18provisions of this Act shall not be civilly liable for causing
19the death of, or injury to, any person or damage to any
20property except in the event of willful misconduct.
21 (c) Any private person, firm or corporation, and any
22employee or agent of such person, firm or corporation, who
23renders assistance or advice at the request of the State, or
24any political subdivision of the State under this Act during an
25actual or impending disaster, shall not be civilly liable for
26causing the death of, or injury to, any person or damage to any

HB5597- 197 -LRB098 15874 AMC 50917 b
1property except in the event of willful misconduct.
2 The immunities provided in this subsection (c) shall not
3apply to any private person, firm or corporation, or to any
4employee or agent of such person, firm or corporation whose act
5or omission caused in whole or in part such actual or impending
6disaster and who would otherwise be liable therefor.
7(Source: P.A. 92-73, eff. 1-1-02; revised 10-7-13.)
8 Section 125. The Illinois Finance Authority Act is amended
9by changing Section 801-10 as follows:
10 (20 ILCS 3501/801-10)
11 Sec. 801-10. Definitions. The following terms, whenever
12used or referred to in this Act, shall have the following
13meanings, except in such instances where the context may
14clearly indicate otherwise:
15 (a) The term "Authority" means the Illinois Finance
16Authority created by this Act.
17 (b) The term "project" means an industrial project,
18conservation project, housing project, public purpose project,
19higher education project, health facility project, cultural
20institution project, municipal bond program project,
21agricultural facility or agribusiness, and "project" may
22include any combination of one or more of the foregoing
23undertaken jointly by any person with one or more other
24persons.

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1 (c) The term "public purpose project" means any project or
2facility, including without limitation land, buildings,
3structures, machinery, equipment and all other real and
4personal property, which is authorized or required by law to be
5acquired, constructed, improved, rehabilitated, reconstructed,
6replaced or maintained by any unit of government or any other
7lawful public purpose which is authorized or required by law to
8be undertaken by any unit of government.
9 (d) The term "industrial project" means the acquisition,
10construction, refurbishment, creation, development or
11redevelopment of any facility, equipment, machinery, real
12property or personal property for use by any instrumentality of
13the State or its political subdivisions, for use by any person
14or institution, public or private, for profit or not for
15profit, or for use in any trade or business, including, but not
16limited to, any industrial, manufacturing or commercial
17enterprise that is located within or outside the State,
18provided that, with respect to a project involving property
19located outside the State, the property must be owned,
20operated, leased or managed by an entity located within the
21State or an entity affiliated with an entity located within the
22State, and which is (1) a capital project, including, but not
23limited to: (i) land and any rights therein, one or more
24buildings, structures or other improvements, machinery and
25equipment, whether now existing or hereafter acquired, and
26whether or not located on the same site or sites; (ii) all

HB5597- 199 -LRB098 15874 AMC 50917 b
1appurtenances and facilities incidental to the foregoing,
2including, but not limited to, utilities, access roads,
3railroad sidings, track, docking and similar facilities,
4parking facilities, dockage, wharfage, railroad roadbed,
5track, trestle, depot, terminal, switching and signaling or
6related equipment, site preparation and landscaping; and (iii)
7all non-capital costs and expenses relating thereto or (2) any
8addition to, renovation, rehabilitation or improvement of a
9capital project or (3) any activity or undertaking within or
10outside the State, provided that, with respect to a project
11involving property located outside the State, the property must
12be owned, operated, leased or managed by an entity located
13within the State or an entity affiliated with an entity located
14within the State, which the Authority determines will aid,
15assist or encourage economic growth, development or
16redevelopment within the State or any area thereof, will
17promote the expansion, retention or diversification of
18employment opportunities within the State or any area thereof
19or will aid in stabilizing or developing any industry or
20economic sector of the State economy. The term "industrial
21project" also means the production of motion pictures.
22 (e) The term "bond" or "bonds" shall include bonds, notes
23(including bond, grant or revenue anticipation notes),
24certificates and/or other evidences of indebtedness
25representing an obligation to pay money, including refunding
26bonds.

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1 (f) The terms "lease agreement" and "loan agreement" shall
2mean: (i) an agreement whereby a project acquired by the
3Authority by purchase, gift or lease is leased to any person,
4corporation or unit of local government which will use or cause
5the project to be used as a project as heretofore defined upon
6terms providing for lease rental payments at least sufficient
7to pay when due all principal of, interest and premium, if any,
8on any bonds of the Authority issued with respect to such
9project, providing for the maintenance, insuring and operation
10of the project on terms satisfactory to the Authority,
11providing for disposition of the project upon termination of
12the lease term, including purchase options or abandonment of
13the premises, and such other terms as may be deemed desirable
14by the Authority, or (ii) any agreement pursuant to which the
15Authority agrees to loan the proceeds of its bonds issued with
16respect to a project or other funds of the Authority to any
17person which will use or cause the project to be used as a
18project as heretofore defined upon terms providing for loan
19repayment installments at least sufficient to pay when due all
20principal of, interest and premium, if any, on any bonds of the
21Authority, if any, issued with respect to the project, and
22providing for maintenance, insurance and other matters as may
23be deemed desirable by the Authority.
24 (g) The term "financial aid" means the expenditure of
25Authority funds or funds provided by the Authority through the
26issuance of its bonds, notes or other evidences of indebtedness

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1or from other sources for the development, construction,
2acquisition or improvement of a project.
3 (h) The term "person" means an individual, corporation,
4unit of government, business trust, estate, trust, partnership
5or association, 2 or more persons having a joint or common
6interest, or any other legal entity.
7 (i) The term "unit of government" means the federal
8government, the State or unit of local government, a school
9district, or any agency or instrumentality, office, officer,
10department, division, bureau, commission, college or
11university thereof.
12 (j) The term "health facility" means: (a) any public or
13private institution, place, building, or agency required to be
14licensed under the Hospital Licensing Act; (b) any public or
15private institution, place, building, or agency required to be
16licensed under the Nursing Home Care Act, the Specialized
17Mental Health Rehabilitation Act of 2013, or the ID/DD
18Community Care Act; (c) any public or licensed private hospital
19as defined in the Mental Health and Developmental Disabilities
20Code; (d) any such facility exempted from such licensure when
21the Director of Public Health attests that such exempted
22facility meets the statutory definition of a facility subject
23to licensure; (e) any other public or private health service
24institution, place, building, or agency which the Director of
25Public Health attests is subject to certification by the
26Secretary, U.S. Department of Health and Human Services under

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1the Social Security Act, as now or hereafter amended, or which
2the Director of Public Health attests is subject to
3standard-setting by a recognized public or voluntary
4accrediting or standard-setting agency; (f) any public or
5private institution, place, building or agency engaged in
6providing one or more supporting services to a health facility;
7(g) any public or private institution, place, building or
8agency engaged in providing training in the healing arts,
9including, but not limited to, schools of medicine, dentistry,
10osteopathy, optometry, podiatry, pharmacy or nursing, schools
11for the training of x-ray, laboratory or other health care
12technicians and schools for the training of para-professionals
13in the health care field; (h) any public or private congregate,
14life or extended care or elderly housing facility or any public
15or private home for the aged or infirm, including, without
16limitation, any Facility as defined in the Life Care Facilities
17Act; (i) any public or private mental, emotional or physical
18rehabilitation facility or any public or private educational,
19counseling, or rehabilitation facility or home, for those
20persons with a developmental disability, those who are
21physically ill or disabled, the emotionally disturbed, those
22persons with a mental illness or persons with learning or
23similar disabilities or problems; (j) any public or private
24alcohol, drug or substance abuse diagnosis, counseling
25treatment or rehabilitation facility, (k) any public or private
26institution, place, building or agency licensed by the

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1Department of Children and Family Services or which is not so
2licensed but which the Director of Children and Family Services
3attests provides child care, child welfare or other services of
4the type provided by facilities subject to such licensure; (l)
5any public or private adoption agency or facility; and (m) any
6public or private blood bank or blood center. "Health facility"
7also means a public or private structure or structures suitable
8primarily for use as a laboratory, laundry, nurses or interns
9residence or other housing or hotel facility used in whole or
10in part for staff, employees or students and their families,
11patients or relatives of patients admitted for treatment or
12care in a health facility, or persons conducting business with
13a health facility, physician's facility, surgicenter,
14administration building, research facility, maintenance,
15storage or utility facility and all structures or facilities
16related to any of the foregoing or required or useful for the
17operation of a health facility, including parking or other
18facilities or other supporting service structures required or
19useful for the orderly conduct of such health facility. "Health
20facility" also means, with respect to a project located outside
21the State, any public or private institution, place, building,
22or agency which provides services similar to those described
23above, provided that such project is owned, operated, leased or
24managed by a participating health institution located within
25the State, or a participating health institution affiliated
26with an entity located within the State.

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1 (k) The term "participating health institution" means (i) a
2private corporation or association or (ii) a public entity of
3this State, in either case authorized by the laws of this State
4or the applicable state to provide or operate a health facility
5as defined in this Act and which, pursuant to the provisions of
6this Act, undertakes the financing, construction or
7acquisition of a project or undertakes the refunding or
8refinancing of obligations, loans, indebtedness or advances as
9provided in this Act.
10 (l) The term "health facility project", means a specific
11health facility work or improvement to be financed or
12refinanced (including without limitation through reimbursement
13of prior expenditures), acquired, constructed, enlarged,
14remodeled, renovated, improved, furnished, or equipped, with
15funds provided in whole or in part hereunder, any accounts
16receivable, working capital, liability or insurance cost or
17operating expense financing or refinancing program of a health
18facility with or involving funds provided in whole or in part
19hereunder, or any combination thereof.
20 (m) The term "bond resolution" means the resolution or
21resolutions authorizing the issuance of, or providing terms and
22conditions related to, bonds issued under this Act and
23includes, where appropriate, any trust agreement, trust
24indenture, indenture of mortgage or deed of trust providing
25terms and conditions for such bonds.
26 (n) The term "property" means any real, personal or mixed

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1property, whether tangible or intangible, or any interest
2therein, including, without limitation, any real estate,
3leasehold interests, appurtenances, buildings, easements,
4equipment, furnishings, furniture, improvements, machinery,
5rights of way, structures, accounts, contract rights or any
6interest therein.
7 (o) The term "revenues" means, with respect to any project,
8the rents, fees, charges, interest, principal repayments,
9collections and other income or profit derived therefrom.
10 (p) The term "higher education project" means, in the case
11of a private institution of higher education, an educational
12facility to be acquired, constructed, enlarged, remodeled,
13renovated, improved, furnished, or equipped, or any
14combination thereof.
15 (q) The term "cultural institution project" means, in the
16case of a cultural institution, a cultural facility to be
17acquired, constructed, enlarged, remodeled, renovated,
18improved, furnished, or equipped, or any combination thereof.
19 (r) The term "educational facility" means any property
20located within the State, or any property located outside the
21State, provided that, if the property is located outside the
22State, it must be owned, operated, leased or managed by an
23entity located within the State or an entity affiliated with an
24entity located within the State, in each case constructed or
25acquired before or after the effective date of this Act, which
26is or will be, in whole or in part, suitable for the

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1instruction, feeding, recreation or housing of students, the
2conducting of research or other work of a private institution
3of higher education, the use by a private institution of higher
4education in connection with any educational, research or
5related or incidental activities then being or to be conducted
6by it, or any combination of the foregoing, including, without
7limitation, any such property suitable for use as or in
8connection with any one or more of the following: an academic
9facility, administrative facility, agricultural facility,
10assembly hall, athletic facility, auditorium, boating
11facility, campus, communication facility, computer facility,
12continuing education facility, classroom, dining hall,
13dormitory, exhibition hall, fire fighting facility, fire
14prevention facility, food service and preparation facility,
15gymnasium, greenhouse, health care facility, hospital,
16housing, instructional facility, laboratory, library,
17maintenance facility, medical facility, museum, offices,
18parking area, physical education facility, recreational
19facility, research facility, stadium, storage facility,
20student union, study facility, theatre or utility.
21 (s) The term "cultural facility" means any property located
22within the State, or any property located outside the State,
23provided that, if the property is located outside the State, it
24must be owned, operated, leased or managed by an entity located
25within the State or an entity affiliated with an entity located
26within the State, in each case constructed or acquired before

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1or after the effective date of this Act, which is or will be,
2in whole or in part, suitable for the particular purposes or
3needs of a cultural institution, including, without
4limitation, any such property suitable for use as or in
5connection with any one or more of the following: an
6administrative facility, aquarium, assembly hall, auditorium,
7botanical garden, exhibition hall, gallery, greenhouse,
8library, museum, scientific laboratory, theater or zoological
9facility, and shall also include, without limitation, books,
10works of art or music, animal, plant or aquatic life or other
11items for display, exhibition or performance. The term
12"cultural facility" includes buildings on the National
13Register of Historic Places which are owned or operated by
14nonprofit entities.
15 (t) "Private institution of higher education" means a
16not-for-profit educational institution which is not owned by
17the State or any political subdivision, agency,
18instrumentality, district or municipality thereof, which is
19authorized by law to provide a program of education beyond the
20high school level and which:
21 (1) Admits as regular students only individuals having
22 a certificate of graduation from a high school, or the
23 recognized equivalent of such a certificate;
24 (2) Provides an educational program for which it awards
25 a bachelor's degree, or provides an educational program,
26 admission into which is conditioned upon the prior

HB5597- 208 -LRB098 15874 AMC 50917 b
1 attainment of a bachelor's degree or its equivalent, for
2 which it awards a postgraduate degree, or provides not less
3 than a 2-year program which is acceptable for full credit
4 toward such a degree, or offers a 2-year program in
5 engineering, mathematics, or the physical or biological
6 sciences which is designed to prepare the student to work
7 as a technician and at a semiprofessional level in
8 engineering, scientific, or other technological fields
9 which require the understanding and application of basic
10 engineering, scientific, or mathematical principles or
11 knowledge;
12 (3) Is accredited by a nationally recognized
13 accrediting agency or association or, if not so accredited,
14 is an institution whose credits are accepted, on transfer,
15 by not less than 3 institutions which are so accredited,
16 for credit on the same basis as if transferred from an
17 institution so accredited, and holds an unrevoked
18 certificate of approval under the Private College Act from
19 the Board of Higher Education, or is qualified as a "degree
20 granting institution" under the Academic Degree Act; and
21 (4) Does not discriminate in the admission of students
22 on the basis of race or color. "Private institution of
23 higher education" also includes any "academic
24 institution".
25 (u) The term "academic institution" means any
26not-for-profit institution which is not owned by the State or

HB5597- 209 -LRB098 15874 AMC 50917 b
1any political subdivision, agency, instrumentality, district
2or municipality thereof, which institution engages in, or
3facilitates academic, scientific, educational or professional
4research or learning in a field or fields of study taught at a
5private institution of higher education. Academic institutions
6include, without limitation, libraries, archives, academic,
7scientific, educational or professional societies,
8institutions, associations or foundations having such
9purposes.
10 (v) The term "cultural institution" means any
11not-for-profit institution which is not owned by the State or
12any political subdivision, agency, instrumentality, district
13or municipality thereof, which institution engages in the
14cultural, intellectual, scientific, educational or artistic
15enrichment of the people of the State. Cultural institutions
16include, without limitation, aquaria, botanical societies,
17historical societies, libraries, museums, performing arts
18associations or societies, scientific societies and zoological
19societies.
20 (w) The term "affiliate" means, with respect to financing
21of an agricultural facility or an agribusiness, any lender, any
22person, firm or corporation controlled by, or under common
23control with, such lender, and any person, firm or corporation
24controlling such lender.
25 (x) The term "agricultural facility" means land, any
26building or other improvement thereon or thereto, and any

HB5597- 210 -LRB098 15874 AMC 50917 b
1personal properties deemed necessary or suitable for use,
2whether or not now in existence, in farming, ranching, the
3production of agricultural commodities (including, without
4limitation, the products of aquaculture, hydroponics and
5silviculture) or the treating, processing or storing of such
6agricultural commodities when such activities are customarily
7engaged in by farmers as a part of farming and which land,
8building, improvement or personal property is located within
9the State, or is located outside the State, provided, that, if
10such property is located outside the State, it must be owned,
11operated, leased, or managed by an entity located within the
12State or an entity affiliated with an entity located within the
13State.
14 (y) The term "lender" with respect to financing of an
15agricultural facility or an agribusiness, means any federal or
16State chartered bank, Federal Land Bank, Production Credit
17Association, Bank for Cooperatives, federal or State chartered
18savings and loan association or building and loan association,
19Small Business Investment Company or any other institution
20qualified within this State to originate and service loans,
21including, but without limitation to, insurance companies,
22credit unions and mortgage loan companies. "Lender" also means
23a wholly owned subsidiary of a manufacturer, seller or
24distributor of goods or services that makes loans to businesses
25or individuals, commonly known as a "captive finance company".
26 (z) The term "agribusiness" means any sole proprietorship,

HB5597- 211 -LRB098 15874 AMC 50917 b
1limited partnership, co-partnership, joint venture,
2corporation or cooperative which operates or will operate a
3facility located within the State or outside the State,
4provided, that, if any facility is located outside the State,
5it must be owned, operated, leased, or managed by an entity
6located within the State or an entity affiliated with an entity
7located within the State, that is related to the processing of
8agricultural commodities (including, without limitation, the
9products of aquaculture, hydroponics and silviculture) or the
10manufacturing, production or construction of agricultural
11buildings, structures, equipment, implements, and supplies, or
12any other facilities or processes used in agricultural
13production. Agribusiness includes but is not limited to the
14following:
15 (1) grain handling and processing, including grain
16 storage, drying, treatment, conditioning, mailing and
17 packaging;
18 (2) seed and feed grain development and processing;
19 (3) fruit and vegetable processing, including
20 preparation, canning and packaging;
21 (4) processing of livestock and livestock products,
22 dairy products, poultry and poultry products, fish or
23 apiarian products, including slaughter, shearing,
24 collecting, preparation, canning and packaging;
25 (5) fertilizer and agricultural chemical
26 manufacturing, processing, application and supplying;

HB5597- 212 -LRB098 15874 AMC 50917 b
1 (6) farm machinery, equipment and implement
2 manufacturing and supplying;
3 (7) manufacturing and supplying of agricultural
4 commodity processing machinery and equipment, including
5 machinery and equipment used in slaughter, treatment,
6 handling, collecting, preparation, canning or packaging of
7 agricultural commodities;
8 (8) farm building and farm structure manufacturing,
9 construction and supplying;
10 (9) construction, manufacturing, implementation,
11 supplying or servicing of irrigation, drainage and soil and
12 water conservation devices or equipment;
13 (10) fuel processing and development facilities that
14 produce fuel from agricultural commodities or byproducts;
15 (11) facilities and equipment for processing and
16 packaging agricultural commodities specifically for
17 export;
18 (12) facilities and equipment for forestry product
19 processing and supplying, including sawmilling operations,
20 wood chip operations, timber harvesting operations, and
21 manufacturing of prefabricated buildings, paper, furniture
22 or other goods from forestry products;
23 (13) facilities and equipment for research and
24 development of products, processes and equipment for the
25 production, processing, preparation or packaging of
26 agricultural commodities and byproducts.

HB5597- 213 -LRB098 15874 AMC 50917 b
1 (aa) The term "asset" with respect to financing of any
2agricultural facility or any agribusiness, means, but is not
3limited to the following: cash crops or feed on hand; livestock
4held for sale; breeding stock; marketable bonds and securities;
5securities not readily marketable; accounts receivable; notes
6receivable; cash invested in growing crops; net cash value of
7life insurance; machinery and equipment; cars and trucks; farm
8and other real estate including life estates and personal
9residence; value of beneficial interests in trusts; government
10payments or grants; and any other assets.
11 (bb) The term "liability" with respect to financing of any
12agricultural facility or any agribusiness shall include, but
13not be limited to the following: accounts payable; notes or
14other indebtedness owed to any source; taxes; rent; amounts
15owed on real estate contracts or real estate mortgages;
16judgments; accrued interest payable; and any other liability.
17 (cc) The term "Predecessor Authorities" means those
18authorities as described in Section 845-75.
19 (dd) The term "housing project" means a specific work or
20improvement located within the State or outside the State and
21undertaken to provide residential dwelling accommodations,
22including the acquisition, construction or rehabilitation of
23lands, buildings and community facilities and in connection
24therewith to provide nonhousing facilities which are part of
25the housing project, including land, buildings, improvements,
26equipment and all ancillary facilities for use for offices,

HB5597- 214 -LRB098 15874 AMC 50917 b
1stores, retirement homes, hotels, financial institutions,
2service, health care, education, recreation or research
3establishments, or any other commercial purpose which are or
4are to be related to a housing development, provided that any
5work or improvement located outside the State is owned,
6operated, leased or managed by an entity located within the
7State, or any entity affiliated with an entity located within
8the State.
9 (ee) The term "conservation project" means any project
10including the acquisition, construction, rehabilitation,
11maintenance, operation, or upgrade that is intended to create
12or expand open space or to reduce energy usage through
13efficiency measures. For the purpose of this definition, "open
14space" has the definition set forth under Section 10 of the
15Illinois Open Land Trust Act.
16 (ff) The term "significant presence" means the existence
17within the State of the national or regional headquarters of an
18entity or group or such other facility of an entity or group of
19entities where a significant amount of the business functions
20are performed for such entity or group of entities.
21 (gg) The term "municipal bond issuer" means the State or
22any other state or commonwealth of the United States, or any
23unit of local government, school district, agency or
24instrumentality, office, department, division, bureau,
25commission, college or university thereof located in the State
26or any other state or commonwealth of the United States.

HB5597- 215 -LRB098 15874 AMC 50917 b
1 (hh) The term "municipal bond program project" means a
2program for the funding of the purchase of bonds, notes or
3other obligations issued by or on behalf of a municipal bond
4issuer.
5(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
6eff. 7-13-12; 98-90, eff. 7-15-13; 98-104, eff. 7-22-13;
7revised 8-9-13.)
8 Section 130. The Illinois Power Agency Act is amended by
9changing Sections 1-57 and 1-92 as follows:
10 (20 ILCS 3855/1-57)
11 Sec. 1-57. Facility financing.
12 (a) The Agency shall have the power (1) to borrow from the
13Authority, through one or more Agency loan agreements, the net
14proceeds of revenue bonds for costs incurred in connection with
15the development and construction of a facility, provided that
16the stated maturity date of any of those revenue bonds shall
17not exceed 40 years from their respective issuance dates, (2)
18to accept prepayments from purchasers of electric energy from a
19project and to apply the same to costs incurred in connection
20with the development and construction of a facility, subject to
21any obligation to refund the same under the circumstances
22specified in the purchasers' contract for the purchase and sale
23of electric energy from that project, (3) to enter into leases
24or similar arrangements to finance the property constituting a

HB5597- 216 -LRB098 15874 AMC 50917 b
1part of a project and associated costs incurred in connection
2with the development and construction of a facility, provided
3that the term of any such lease or similar arrangement shall
4not exceed 40 years from its inception, and (4) to enter into
5agreements for the sale of revenue bonds that bear interest at
6a rate or rates not exceeding the maximum rate permitted by the
7Bond Authorization Act. All Agency loan agreements shall
8include terms making the obligations thereunder subject to
9redemption before maturity.
10 (b) The Agency may from time to time engage the services of
11the Authority, attorneys, appraisers, architects, engineers,
12accountants, credit analysts, bond underwriters, bond
13trustees, credit enhancement providers, and other financial
14professionals and consultants, if the Agency deems it
15advisable.
16 (c) The Agency may pledge, as security for the payment of
17its revenue bonds in respect of a project, (1) revenues derived
18from the operation of the project in part or whole, (2) the
19real and personal property, machinery, equipment, structures,
20fixtures, and inventories directly associated with the
21project, (3) grants or other revenues or taxes expected to be
22received by the Agency directly linked to the project, (4)
23payments to be made by another governmental unit or other
24entity pursuant to a service, user, or other similar agreement
25with that governmental unit or other entity that is a result of
26the project, (5) any other revenues or moneys deposited or to

HB5597- 217 -LRB098 15874 AMC 50917 b
1be deposited directly linked to the project, (6) all design,
2engineering, procurement, construction, installation,
3management, and operation agreements associated with the
4project, (7) any reserve or debt service funds created under
5the agreements governing the indebtedness, (8) the Illinois
6Power Agency Facilities Fund or the Illinois Power Agency Debt
7Service Fund, or (9) any combination thereof. Any such pledge
8shall be authorized in a writing, signed by the Director of the
9Agency, and then signed by the Governor of Illinois. At no time
10shall the funds contained in the Illinois Power Agency Trust
11Fund be pledged or used in any way to pay for the indebtedness
12of the Agency. The Director shall not authorize the issuance or
13grant of any pledge until he or she has certified that any
14associated project is in full compliance with Sections 1-85 and
151-86 of this Act. The certification shall be duly attached or
16referenced in the agreements reflecting the pledge. Any such
17pledge made by the Agency shall be valid and binding from the
18time the pledge is made. The revenues, property, or funds that
19are pledged and thereafter received by the Agency shall
20immediately be subject to the lien of the pledge without any
21physical delivery thereof or further act; and, subject only to
22the provisions of prior liens, the lien of the pledge shall be
23valid and binding as against all parties having claims of any
24kind in tort, contract, or otherwise against the Agency
25irrespective of whether the parties have notice thereof. All
26bonds issued on behalf of the Agency must be issued by the

HB5597- 218 -LRB098 15874 AMC 50917 b
1Authority and must be revenue bonds. These revenue bonds may be
2taxable or tax-exempt.
3 (d) All indebtedness issued by or on behalf of the Agency,
4including, without limitation, any revenue bonds issued by the
5Authority on behalf of the Agency, shall not be a debt of the
6State, the Authority, any political subdivision thereof (other
7than the Agency to the extent provided in agreements governing
8the indebtedness), any local government, any governmental
9aggregator as defined in the this Act, or any local government,
10and none of the State, the Authority, any political subdivision
11thereof (other than the Agency to the extent provided in
12agreements governing the indebtedness), any local government,
13or any government aggregator shall be liable thereon. Neither
14the Authority nor the Agency shall have the power to pledge the
15credit, the revenues, or the taxing power of the State, any
16political subdivision thereof (other than the Agency), any
17governmental aggregator, or of any local government, and
18neither the credit, the revenues, nor the taxing power of the
19State, any political subdivision thereof (other than the
20Agency), any governmental aggregator, or any local government
21shall be, or shall be deemed to be, pledged to the payment of
22any revenue bonds, notes, or other obligations of the Agency.
23In addition, the agreements governing any issue of indebtedness
24shall provide that all holders of that indebtedness, by virtue
25of their acquisition thereof, have agreed to waive and release
26all claims and causes of action against the State of Illinois

HB5597- 219 -LRB098 15874 AMC 50917 b
1in respect of the indebtedness or any project associated
2therewith based on any theory of law. However, the waiver shall
3not prohibit the holders of indebtedness issued on behalf of
4the Agency from filing any cause of action against or
5recovering damages from the Agency, recovering from any
6property or funds pledged to secure the indebtedness, or
7recovering from any property or funds to which the Agency holds
8title, provided the property or funds are directly associated
9with the project for which the indebtedness was specifically
10issued. Each evidence of indebtedness of the Agency, including
11the revenue bonds issued by the Authority on behalf of the
12Agency, shall contain a clear and explicit statement of the
13provisions of this Section.
14 (e) The Agency may from time to time enter into an
15agreement or agreements to defease indebtedness issued on its
16behalf or to refund, at maturity, at a redemption date or in
17advance of either, any indebtedness issued on its behalf or
18pursuant to redemption provisions or at any time before
19maturity. All such refunding indebtedness shall be subject to
20the requirements set forth in subsections (a), (c), and (d) of
21this Section. No revenue bonds issued to refund or advance
22refund revenue bonds issued under this Section may mature later
23than the longest maturity date of the series of bonds being
24refunded. After the aggregate original principal amount of
25revenue bonds authorized in this Section has been issued, the
26payment of any principal amount of those revenue bonds does not

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1authorize the issuance of additional revenue bonds (except
2refunding revenue bonds).
3 (f) If the Agency fails to pay the principal of, interest,
4or premium, if any, on any indebtedness as the same becomes
5due, a civil action to compel payment may be instituted in the
6appropriate circuit court by the holder or holders of the
7indebtedness on which the default of payment exists or by any
8administrative agent, collateral agent, or indenture trustee
9acting on behalf of those holders. Delivery of a summons and a
10copy of the complaint to the Director of the Agency shall
11constitute sufficient service to give the circuit court
12jurisdiction over the subject matter of the suit and
13jurisdiction over the Agency and its officers named as
14defendants for the purpose of compelling that payment. Any
15case, controversy, or cause of action concerning the validity
16of this Act shall relate to the revenue of the Agency. Any such
17claims and related proceedings are subject in all respects to
18the provisions of subsection (d) of this Section. The State of
19Illinois shall not be liable or in any other way financially
20responsible for any indebtedness issued by or on behalf of the
21Agency or the performance or non-performance of any covenants
22associated with any such indebtedness. The foregoing statement
23shall not prohibit the holders of any indebtedness issued on
24behalf of the Agency from filing any cause of action against or
25recovering damages from the Agency recovering from any property
26pledged to secure that indebtedness or recovering from any

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1property or funds to which the Agency holds title provided such
2property or funds are directly associated with the project for
3which the indebtedness is specifically issued.
4 (g) Upon each delivery of the revenue bonds authorized to
5be issued by the Authority under this Act, the Agency shall
6compute and certify to the State Comptroller the total amount
7of principal of and interest on the Agency loan agreement
8supporting the revenue bonds issued that will be payable in
9order to retire those revenue bonds and the amount of principal
10of and interest on the Agency loan agreement that will be
11payable on each payment date during the then current and each
12succeeding fiscal year. As soon as possible after the first day
13of each month, beginning on the date set forth in the Agency
14loan agreement where that date specifies when the Agency shall
15begin setting aside revenues and other moneys for repayment of
16the revenue bonds per the agreed to schedule, the Agency shall
17certify to the Comptroller and the Comptroller shall order
18transferred and the Treasurer shall transfer from the Illinois
19Power Agency Facilities Fund to the Illinois Power Agency Debt
20Service Fund for each month remaining in the State fiscal year
21a sum of money, appropriated for that purpose, equal to the
22result of the amount of principal of and interest on those
23revenue bonds payable on the next payment date divided by the
24number of full calendar months between the date of those
25revenue bonds, and the first such payment date, and thereafter
26divided by the number of months between each succeeding payment

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1date after the first. The Comptroller is authorized and
2directed to draw warrants on the State Treasurer from the
3Illinois Power Agency Facilities Fund and the Illinois Power
4Agency Debt Service Fund for the amount of all payments of
5principal and interest on the Agency loan agreement relating to
6the Authority revenue bonds issued under this Act. The State
7Treasurer or the State Comptroller shall deposit or cause to be
8deposited any amount of grants or other revenues expected to be
9received by the Agency that the Agency has pledged to the
10payment of revenue bonds directly into the Illinois Power
11Agency Debt Service Fund.
12(Source: P.A. 95-481, eff. 8-28-07; revised 9-12-13.)
13 (20 ILCS 3855/1-92)
14 Sec. 1-92. Aggregation of electrical load by
15municipalities, townships, and counties.
16 (a) The corporate authorities of a municipality, township
17board, or county board of a county may adopt an ordinance under
18which it may aggregate in accordance with this Section
19residential and small commercial retail electrical loads
20located, respectively, within the municipality, the township,
21or the unincorporated areas of the county and, for that
22purpose, may solicit bids and enter into service agreements to
23facilitate for those loads the sale and purchase of electricity
24and related services and equipment.
25 The corporate authorities, township board, or county board

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1may also exercise such authority jointly with any other
2municipality, township, or county. Two or more municipalities,
3townships, or counties, or a combination of both, may initiate
4a process jointly to authorize aggregation by a majority vote
5of each particular municipality, township, or county as
6required by this Section.
7 If the corporate authorities, township board, or the county
8board seek to operate the aggregation program as an opt-out
9program for residential and small commercial retail customers,
10then prior to the adoption of an ordinance with respect to
11aggregation of residential and small commercial retail
12electric loads, the corporate authorities of a municipality,
13the township board, or the county board of a county shall
14submit a referendum to its residents to determine whether or
15not the aggregation program shall operate as an opt-out program
16for residential and small commercial retail customers. Any
17county board that seeks to submit such a referendum to its
18residents shall do so only in unincorporated areas of the
19county where no electric aggregation ordinance has been
20adopted.
21 In addition to the notice and conduct requirements of the
22general election law, notice of the referendum shall state
23briefly the purpose of the referendum. The question of whether
24the corporate authorities, the township board, or the county
25board shall adopt an opt-out aggregation program for
26residential and small commercial retail customers shall be

HB5597- 224 -LRB098 15874 AMC 50917 b
1submitted to the electors of the municipality, township board,
2or county board at a regular election and approved by a
3majority of the electors voting on the question. The corporate
4authorities, township board, or county board must certify to
5the proper election authority, which must submit the question
6at an election in accordance with the Election Code.
7 The election authority must submit the question in
8substantially the following form:
9 Shall the (municipality, township, or county in which
10 the question is being voted upon) have the authority to
11 arrange for the supply of electricity for its residential
12 and small commercial retail customers who have not opted
13 out of such program?
14The election authority must record the votes as "Yes" or "No".
15 If a majority of the electors voting on the question vote
16in the affirmative, then the corporate authorities, township
17board, or county board may implement an opt-out aggregation
18program for residential and small commercial retail customers.
19 A referendum must pass in each particular municipality,
20township, or county that is engaged in the aggregation program.
21If the referendum fails, then the corporate authorities,
22township board, or county board shall operate the aggregation
23program as an opt-in program for residential and small
24commercial retail customers.
25 An ordinance under this Section shall specify whether the
26aggregation will occur only with the prior consent of each

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1person owning, occupying, controlling, or using an electric
2load center proposed to be aggregated. Nothing in this Section,
3however, authorizes the aggregation of electric loads that are
4served or authorized to be served by an electric cooperative as
5defined by and pursuant to the Electric Supplier Act or loads
6served by a municipality that owns and operates its own
7electric distribution system. No aggregation shall take effect
8unless approved by a majority of the members of the corporate
9authority, township board, or county board voting upon the
10ordinance.
11 A governmental aggregator under this Section is not a
12public utility or an alternative retail electric supplier.
13 For purposes of this Section, "township" means the portion
14of a township that is an unincorporated portion of a county
15that is not otherwise a part of a municipality. In addition to
16such other limitations as are included in this Section, a
17township board shall only have authority to aggregate
18residential and small commercial customer loads in accordance
19with this Section if the county board of the county in which
20the township is located (i) is not also submitting a referendum
21to its residents at the same general election that the township
22board proposes to submit a referendum under this subsection
23(a), (ii) has not received authorization through passage of a
24referendum to operate an opt-out aggregation program for
25residential and small commercial retail customers under this
26subsection (a), and (iii) has not otherwise enacted an

HB5597- 226 -LRB098 15874 AMC 50917 b
1ordinance under this subsection (a) authorizing the operation
2of an opt-in aggregation program for residential and small
3commercial retail customers as described in this Section.
4 (b) Upon the applicable requisite authority under this
5Section, the corporate authorities, the township board, or the
6county board, with assistance from the Illinois Power Agency,
7shall develop a plan of operation and governance for the
8aggregation program so authorized. Before adopting a plan under
9this Section, the corporate authorities, township board, or
10county board shall hold at least 2 public hearings on the plan.
11Before the first hearing, the corporate authorities, township
12board, or county board shall publish notice of the hearings
13once a week for 2 consecutive weeks in a newspaper of general
14circulation in the jurisdiction. The notice shall summarize the
15plan and state the date, time, and location of each hearing.
16Any load aggregation plan established pursuant to this Section
17shall:
18 (1) provide for universal access to all applicable
19 residential customers and equitable treatment of
20 applicable residential customers;
21 (2) describe demand management and energy efficiency
22 services to be provided to each class of customers; and
23 (3) meet any requirements established by law
24 concerning aggregated service offered pursuant to this
25 Section.
26 (c) The process for soliciting bids for electricity and

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1other related services and awarding proposed agreements for the
2purchase of electricity and other related services shall be
3conducted in the following order:
4 (1) The corporate authorities, township board, or
5 county board may solicit bids for electricity and other
6 related services. The bid specifications may include a
7 provision requiring the bidder to disclose the fuel type of
8 electricity to be procured or generated on behalf of the
9 aggregation program customers. The corporate authorities,
10 township board, or county board may consider the proposed
11 source of electricity to be procured or generated to be put
12 into the grid on behalf of aggregation program customers in
13 the competitive bidding process. The Agency and Commission
14 may collaborate to issue joint guidance on voluntary
15 uniform standards for bidder disclosures of the source of
16 electricity to be procured or generated to be put into the
17 grid on behalf of aggregation program customers.
18 (1.5) A township board shall request from the electric
19 utility those residential and small commercial customers
20 within their aggregate area either by zip code or zip codes
21 or other means as determined by the electric utility. The
22 electric utility shall then provide to the township board
23 the residential and small commercial customers, including
24 the names and addresses of residential and small commercial
25 customers, electronically. The township board shall be
26 responsible for authenticating the residential and small

HB5597- 228 -LRB098 15874 AMC 50917 b
1 commercial customers contained in this listing and
2 providing edits of the data to affirm, add, or delete the
3 residential and small commercial customers located within
4 its jurisdiction. The township board shall provide the
5 edited list to the electric utility in an electronic format
6 or other means selected by the electric utility and certify
7 that the information is accurate.
8 (2) Notwithstanding Section 16-122 of the Public
9 Utilities Act and Section 2HH of the Consumer Fraud and
10 Deceptive Business Practices Act, an electric utility that
11 provides residential and small commercial retail electric
12 service in the aggregate area must, upon request of the
13 corporate authorities, township board, or the county board
14 in the aggregate area, submit to the requesting party, in
15 an electronic format, those account numbers, names, and
16 addresses of residential and small commercial retail
17 customers in the aggregate area that are reflected in the
18 electric utility's records at the time of the request;
19 provided, however, that any township board has first
20 provided an accurate customer list to the electric utility
21 as provided for herein.
22 Any corporate authority, township board, or county board
23receiving customer information from an electric utility shall
24be subject to the limitations on the disclosure of the
25information described in Section 16-122 of the Public Utilities
26Act and Section 2HH of the Consumer Fraud and Deceptive

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1Business Practices Act, and an electric utility shall not be
2held liable for any claims arising out of the provision of
3information pursuant to this item (2).
4 (d) If the corporate authorities, township board, or county
5board operate under an opt-in program for residential and small
6commercial retail customers, then the corporate authorities,
7township board, or county board shall comply with all of the
8following:
9 (1) Within 60 days after receiving the bids, the
10 corporate authorities, township board, or county board
11 shall allow residential and small commercial retail
12 customers to commit to the terms and conditions of a bid
13 that has been selected by the corporate authorities,
14 township board, or county board.
15 (2) If (A) the corporate authorities, township board,
16 or county board award proposed agreements for the purchase
17 of electricity and other related services and (B) an
18 agreement is reached between the corporate authorities,
19 township board, or county board for those services, then
20 customers committed to the terms and conditions according
21 to item (1) of this subsection (d) shall be committed to
22 the agreement.
23 (e) If the corporate authorities, township board, or county
24board operate as an opt-out program for residential and small
25commercial retail customers, then it shall be the duty of the
26aggregated entity to fully inform residential and small

HB5597- 230 -LRB098 15874 AMC 50917 b
1commercial retail customers in advance that they have the right
2to opt out of the aggregation program. The disclosure shall
3prominently state all charges to be made and shall include full
4disclosure of the cost to obtain service pursuant to Section
516-103 of the Public Utilities Act, how to access it, and the
6fact that it is available to them without penalty, if they are
7currently receiving service under that Section. The Illinois
8Power Agency shall furnish, without charge, to any citizen a
9list of all supply options available to them in a format that
10allows comparison of prices and products.
11 (f) Any person or entity retained by a municipality or
12county, or jointly by more than one such unit of local
13government, to provide input, guidance, or advice in the
14selection of an electricity supplier for an aggregation program
15shall disclose in writing to the involved units of local
16government the nature of any relationship through which the
17person or entity may receive, either directly or indirectly,
18commissions or other remuneration as a result of the selection
19of any particular electricity supplier. The written disclosure
20must be made prior to formal approval by the involved units of
21local government of any professional services agreement with
22the person or entity, or no later than October 1, 2012 with
23respect to any such professional services agreement entered
24into prior to the effective date of this amendatory Act of the
2597th General Assembly. The disclosure shall cover all direct
26and indirect relationships through which commissions or

HB5597- 231 -LRB098 15874 AMC 50917 b
1remuneration may result, including the pooling of commissions
2or remuneration among multiple persons or entities, and shall
3identify all involved electricity suppliers. The disclosure
4requirements in this subsection (f) are to be liberally
5construed to ensure that the nature of financial interests are
6fully revealed, and these disclosure requirements shall apply
7regardless of whether the involved person or entity is licensed
8under Section 16-115C of the Public Utilities Act. Any person
9or entity that fails to make the disclosure required under this
10subsection (f) is liable to the involved units of local
11government in an amount equal to all compensation paid to such
12person or entity by the units of local government for the
13input, guidance, or advice in the selection of an electricity
14supplier, plus reasonable attorneys fees and court costs
15incurred by the units of local government in connection with
16obtaining such amount.
17 (g) The Illinois Power Agency shall provide assistance to
18municipalities, townships, counties, or associations working
19with municipalities to help complete the plan and bidding
20process.
21 (h) This Section does not prohibit municipalities or
22counties from entering into an intergovernmental agreement to
23aggregate residential and small commercial retail electric
24loads.
25(Source: P.A. 97-338, eff. 8-12-11; 97-823, eff. 7-18-12;
2697-1067, eff. 8-24-12; 98-404, eff. 1-1-14; 98-434, eff.

HB5597- 232 -LRB098 15874 AMC 50917 b
11-1-14; 98-463, eff. 8-16-13; revised 9-24-13.)
2 Section 135. The Addison Creek Restoration Commission Act
3is amended by changing Section 20 as follows:
4 (20 ILCS 3901/20)
5 (Section scheduled to be repealed on January 1, 2015)
6 Sec. 20. Taxing powers.
7 (a) After the first Monday in October and by the first
8Monday in December in each year, the Commission shall levy the
9general taxes for the Commission by general categories for the
10next fiscal year. A certified copy of the levy ordinance shall
11be filed with the county clerk of each county in which the that
12part of the territory of the Commission that is within the
13Addison Creek floodplain is located by the last Tuesday in
14December each year.
15 (b) The amount of taxes levied for general corporate
16purposes for a fiscal year may not exceed the rate of .01% of
17the value, as equalized or assessed by the Department of
18Revenue, of the taxable property located within that part of
19the territory of the Commission that is within the Addison
20Creek floodplain, provided that the total amount levied and
21extended under this Section and Section 17, in the aggregate,
22in any single taxable year, shall not exceed $10,000,000.
23 (c) This tax and tax rate are exclusive of the taxes
24required for the payment of the principal of and interest on

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1bonds.
2 (d) The rate of the tax levied for general corporate
3purposes of the Commission may be initially imposed or
4thereafter increased, up to the maximum rate identified in
5subsection (b), by the Commission by a resolution calling for
6the submission of the question of imposing or increasing the
7rate to the voters of that part of the territory of the
8Commission that is within the Addison Creek floodplain in
9accordance with the general election law. The question must be
10in substantially the following form:
11 Shall the Commission be authorized to establish its
12 general corporate tax rate at (insert rate) on the
13 equalized assessed value on all taxable property located
14 within that part of the territory of the Commission that is
15 within the Addison Creek floodplain for its general
16 purposes?
17 The ballot must have printed on it, but not as part of the
18proposition submitted, the following: "The approximate impact
19of the proposed (tax rate or increase) on the owner of a single
20family home having a market value of (insert value) would be
21(insert amount) in the first year of the (tax rate or increase)
22if the (tax rate or increase) is fully implemented." The ballot
23may have printed on it, but not as part of the proposition, one
24or both of the following: "The last tax rate extended for the
25purposes of the Commission was (insert rate). The last rate
26increase approved for the purposes of the Commission was in

HB5597- 234 -LRB098 15874 AMC 50917 b
1(insert year)." No other information needs to be included on
2the ballot.
3 The votes must be recorded as "Yes" or "No".
4 If a majority of the electors voting on the question vote
5in the affirmative, the Commission may thereafter levy the tax.
6(Source: P.A. 93-948, eff. 8-19-04; 94-682, eff. 11-3-05;
7revised 9-24-13.)
8 Section 140. The Illinois Criminal Justice Information Act
9is amended by changing Sections 3 and 14 as follows:
10 (20 ILCS 3930/3) (from Ch. 38, par. 210-3)
11 (Text of Section before amendment by P.A. 98-528)
12 Sec. 3. Definitions. Whenever used in this Act, and for the
13purposes of this Act unless the context clearly denotes
14otherwise:
15 (a) The term "criminal justice system" includes all
16activities by public agencies pertaining to the prevention or
17reduction of crime or enforcement of the criminal law, and
18particularly, but without limitation, the prevention,
19detection, and investigation of crime; the apprehension of
20offenders; the protection of victims and witnesses; the
2