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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5597 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED:
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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 |
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1 | | AN ACT to revise the law by combining multiple enactments |
2 | | and making technical corrections.
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3 | | Be it enacted by the People of the State of Illinois,
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4 | | represented in the General Assembly:
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5 | | Section 1. Nature of this Act. |
6 | | (a) This Act may be cited as the First 2014 General |
7 | | Revisory Act. |
8 | | (b) This Act is not intended to make any substantive change |
9 | | in the law. It reconciles conflicts that have arisen from |
10 | | multiple amendments and enactments and makes technical |
11 | | corrections and revisions in the law. |
12 | | This Act revises and, where appropriate, renumbers certain |
13 | | Sections that have been added or amended by more than one |
14 | | Public Act. In certain cases in which a repealed Act or Section |
15 | | has been replaced with a successor law, this Act may |
16 | | incorporate amendments to the repealed Act or Section into the |
17 | | successor law. This Act also corrects errors, revises |
18 | | cross-references, and deletes obsolete text. |
19 | | (c) In this Act, the reference at the end of each amended |
20 | | Section indicates the sources in the Session Laws of Illinois |
21 | | that were used in the preparation of the text of that Section. |
22 | | The text of the Section included in this Act is intended to |
23 | | include the different versions of the Section found in the |
24 | | Public Acts included in the list of sources, but may not |
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1 | | include other versions of the Section to be found in Public |
2 | | Acts not included in the list of sources. The list of sources |
3 | | is not a part of the text of the Section. |
4 | | (d) Public Acts 97-1145 through 98-589 were considered in |
5 | | the preparation of the combining revisories included in this |
6 | | Act. Many of those combining revisories contain no striking or |
7 | | underscoring because no additional changes are being made in |
8 | | the material that is being combined.
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9 | | Section 5. The Regulatory Sunset Act is amended by changing |
10 | | Section 4.34 as follows:
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11 | | (5 ILCS 80/4.34) |
12 | | Sec. 4.34. Acts and Section Act repealed on January 1, |
13 | | 2024. The following Acts and
Section of an Act are is repealed
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14 | | on 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; |
4 | | 98-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff. |
5 | | 12-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445, |
6 | | eff. 12-31-13; revised 9-10-13.)
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7 | | Section 10. The Open Meetings Act is amended by changing |
8 | | Section 2 as follows:
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9 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
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10 | | Sec. 2. Open meetings.
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11 | | (a) Openness required. All meetings of public
bodies shall |
12 | | be open to the public unless excepted in subsection (c)
and |
13 | | closed in accordance with Section 2a.
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14 | | (b) Construction of exceptions. The exceptions contained |
15 | | in subsection
(c) are in derogation of the requirement that |
16 | | public bodies
meet in the open, and therefore, the exceptions |
17 | | are to be strictly
construed, extending only to subjects |
18 | | clearly within their scope.
The exceptions authorize but do not |
19 | | require the holding of
a closed meeting to discuss a subject |
20 | | included within an enumerated exception.
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21 | | (c) Exceptions. A public body may hold closed meetings to |
22 | | consider the
following subjects:
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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.
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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.
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10 | | (3) The selection of a person to fill a public office,
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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.
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17 | | (4) Evidence or testimony presented in open hearing, or |
18 | | in closed
hearing where specifically authorized by law, to
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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.
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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.
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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.
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7 | | (8) Security procedures and the use of personnel and
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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.
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11 | | (9) Student disciplinary cases.
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12 | | (10) The placement of individual students in special |
13 | | education
programs and other matters relating to |
14 | | individual students.
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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
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20 | | recorded and entered into the minutes of the closed |
21 | | meeting.
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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
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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
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4 | | association or self insurance pool of which the public body |
5 | | is a member.
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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.
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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.
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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.
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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.
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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.
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2 | | (18) Deliberations for decisions of the Prisoner |
3 | | Review Board.
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4 | | (19) Review or discussion of applications received |
5 | | under the
Experimental Organ Transplantation Procedures |
6 | | Act.
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7 | | (20) The classification and discussion of matters |
8 | | classified as
confidential or continued confidential by |
9 | | the State Government Suggestion Award
Board.
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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.
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14 | | (22) Deliberations for decisions of the State
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15 | | Emergency Medical Services Disciplinary
Review Board.
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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.
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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.
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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:
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2 | | "Employee" means a person employed by a public body whose |
3 | | relationship
with the public body constitutes an |
4 | | employer-employee relationship under
the usual common law |
5 | | rules, and who is not an independent contractor.
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6 | | "Public office" means a position created by or under the
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7 | | Constitution or laws of this State, the occupant of which is |
8 | | charged with
the exercise of some portion of the sovereign |
9 | | power of this State. The term
"public office" shall include |
10 | | members of the public body, but it shall not
include |
11 | | organizational positions filled by members thereof, whether
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12 | | established by law or by a public body itself, that exist to |
13 | | assist the
body in the conduct of its business.
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14 | | "Quasi-adjudicative body" means an administrative body |
15 | | charged by law or
ordinance with the responsibility to conduct |
16 | | hearings, receive evidence or
testimony and make |
17 | | determinations based
thereon, but does not include
local |
18 | | electoral boards when such bodies are considering petition |
19 | | challenges.
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20 | | (e) Final action. No final action may be taken at a closed |
21 | | meeting.
Final action shall be preceded by a public recital of |
22 | | the nature of the
matter being considered and other information |
23 | | that will inform the
public of the business being conducted.
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24 | | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; |
25 | | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. |
26 | | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised |
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1 | | 7-23-13.)
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2 | | Section 15. The Freedom of Information Act is amended by |
3 | | changing Sections 3.2 and 7.5 as follows:
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4 | | (5 ILCS 140/3.2) |
5 | | Sec. 3.2. Recurrent requesters. |
6 | | (a) Notwithstanding Nothwithstanding any provision of this |
7 | | Act to the contrary, a public body shall respond to a request |
8 | | from a recurrent requester, as defined in subsection (g) of |
9 | | Section 2, within 21 business days after receipt. The response |
10 | | shall (i) provide to the requester an estimate of the time |
11 | | required by the public body to provide the records requested |
12 | | and an estimate of the fees to be charged, which the public |
13 | | body may require the person to pay in full before copying the |
14 | | requested documents, (ii) deny the request pursuant to one or |
15 | | more of the exemptions set out in this Act, (iii) notify the |
16 | | requester that the request is unduly burdensome and extend an |
17 | | opportunity to the requester to attempt to reduce the request |
18 | | to manageable proportions, or (iv) provide the records |
19 | | requested. |
20 | | (b) Within 5 business days after receiving a request from a |
21 | | recurrent requester, as defined in subsection (g) of Section 2, |
22 | | the public body shall notify the requester (i) that the public |
23 | | body is treating the request as a request under subsection (g) |
24 | | of Section 2, (ii) of the reasons why the public body is |
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1 | | treating the request as a request under subsection (g) of |
2 | | Section 2, and (iii) that the public body will send an initial |
3 | | response within 21 business days after receipt in accordance |
4 | | with subsection (a) of this Section. The public body shall also |
5 | | notify the requester of the proposed responses that can be |
6 | | asserted pursuant to subsection (a) of this Section. |
7 | | (c) Unless the records are exempt from disclosure, a public |
8 | | body shall comply with a request within a reasonable period |
9 | | considering the size and complexity of the request.
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10 | | (Source: P.A. 97-579, eff. 8-26-11; revised 9-4-13.)
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11 | | (5 ILCS 140/7.5) |
12 | | Sec. 7.5. Statutory Exemptions. To the extent provided for |
13 | | by the statutes referenced below, the following shall be exempt |
14 | | from inspection and copying: |
15 | | (a) All information determined to be confidential under |
16 | | Section 4002 of the Technology Advancement and Development Act. |
17 | | (b) Library circulation and order records identifying |
18 | | library users with specific materials under the Library Records |
19 | | Confidentiality Act. |
20 | | (c) Applications, related documents, and medical records |
21 | | received by the Experimental Organ Transplantation Procedures |
22 | | Board and any and all documents or other records prepared by |
23 | | the Experimental Organ Transplantation Procedures Board or its |
24 | | staff relating to applications it has received. |
25 | | (d) Information and records held by the Department of |
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1 | | Public Health and its authorized representatives relating to |
2 | | known or suspected cases of sexually transmissible disease or |
3 | | any information the disclosure of which is restricted under the |
4 | | Illinois Sexually Transmissible Disease Control Act. |
5 | | (e) Information the disclosure of which is exempted under |
6 | | Section 30 of the Radon Industry Licensing Act. |
7 | | (f) Firm performance evaluations under Section 55 of the |
8 | | Architectural, Engineering, and Land Surveying Qualifications |
9 | | Based Selection Act. |
10 | | (g) Information the disclosure of which is restricted and |
11 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. |
12 | | (h) Information the disclosure of which is exempted under |
13 | | the State Officials and Employees Ethics Act, and records of |
14 | | any lawfully created State or local inspector general's office |
15 | | that would be exempt if created or obtained by an Executive |
16 | | Inspector General's office under that Act. |
17 | | (i) Information contained in a local emergency energy plan |
18 | | submitted to a municipality in accordance with a local |
19 | | emergency energy plan ordinance that is adopted under Section |
20 | | 11-21.5-5 of the Illinois Municipal Code. |
21 | | (j) Information and data concerning the distribution of |
22 | | surcharge moneys collected and remitted by wireless carriers |
23 | | under the Wireless Emergency Telephone Safety Act. |
24 | | (k) Law enforcement officer identification information or |
25 | | driver identification information compiled by a law |
26 | | enforcement agency or the Department of Transportation under |
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1 | | Section 11-212 of the Illinois Vehicle Code. |
2 | | (l) Records and information provided to a residential |
3 | | health care facility resident sexual assault and death review |
4 | | team or the Executive Council under the Abuse Prevention Review |
5 | | Team Act. |
6 | | (m) Information provided to the predatory lending database |
7 | | created pursuant to Article 3 of the Residential Real Property |
8 | | Disclosure Act, except to the extent authorized under that |
9 | | Article. |
10 | | (n) Defense budgets and petitions for certification of |
11 | | compensation and expenses for court appointed trial counsel as |
12 | | provided under Sections 10 and 15 of the Capital Crimes |
13 | | Litigation Act. This subsection (n) shall apply until the |
14 | | conclusion of the trial of the case, even if the prosecution |
15 | | chooses not to pursue the death penalty prior to trial or |
16 | | sentencing. |
17 | | (o) Information that is prohibited from being disclosed |
18 | | under Section 4 of the Illinois Health and Hazardous Substances |
19 | | Registry Act. |
20 | | (p) Security portions of system safety program plans, |
21 | | investigation reports, surveys, schedules, lists, data, or |
22 | | information compiled, collected, or prepared by or for the |
23 | | Regional Transportation Authority under Section 2.11 of the |
24 | | Regional Transportation Authority Act or the St. Clair County |
25 | | Transit District under the Bi-State Transit Safety Act. |
26 | | (q) Information prohibited from being disclosed by the |
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1 | | Personnel Records Review Act. |
2 | | (r) Information prohibited from being disclosed by the |
3 | | Illinois School Student Records Act. |
4 | | (s) Information the disclosure of which is restricted under |
5 | | Section 5-108 of the Public Utilities Act.
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6 | | (t) All identified or deidentified health information in |
7 | | the form of health data or medical records contained in, stored |
8 | | in, submitted to, transferred by, or released from the Illinois |
9 | | Health Information Exchange, and identified or deidentified |
10 | | health information in the form of health data and medical |
11 | | records of the Illinois Health Information Exchange in the |
12 | | possession of the Illinois Health Information Exchange |
13 | | Authority due to its administration of the Illinois Health |
14 | | Information Exchange. The terms "identified" and |
15 | | "deidentified" shall be given the same meaning as in the Health |
16 | | Insurance Accountability and Portability Act of 1996, Public |
17 | | Law 104-191, or any subsequent amendments thereto, and any |
18 | | regulations promulgated thereunder. |
19 | | (u) Records and information provided to an independent team |
20 | | of experts under Brian's Law. |
21 | | (v) Names and information of people who have applied for or |
22 | | received Firearm Owner's Identification Cards under the |
23 | | Firearm Owners Identification Card Act or applied for or |
24 | | received a concealed carry license under the Firearm Concealed |
25 | | Carry Act, unless otherwise authorized by the Firearm Concealed |
26 | | Carry Act; and databases under the Firearm Concealed Carry Act, |
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1 | | records of the Concealed Carry Licensing Review Board under the |
2 | | Firearm Concealed Carry Act, and law enforcement agency |
3 | | objections under the Firearm Concealed Carry Act. |
4 | | (w) Personally identifiable information which is exempted |
5 | | from disclosure under subsection (g) of Section 19.1 of the |
6 | | Toll Highway Act. |
7 | | (x) Information which is exempted from disclosure under |
8 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the |
9 | | Illinois Municipal Code. |
10 | | (y) Confidential information under the Adult Protective |
11 | | Services Act and its predecessor enabling statute, the Elder |
12 | | Abuse and Neglect Act, including information about the identity |
13 | | and administrative finding against any caregiver of a verified |
14 | | and substantiated decision of significant abuse, neglect, or |
15 | | financial exploitation of an eligible adult maintained in the |
16 | | Department of Public Health's Health Care Worker Registry. |
17 | | (z) Records and information provided to an at-risk adult |
18 | | fatality review team or the Illinois At-Risk Adult Fatality |
19 | | Review Team Advisory Council under Section 15 of the Adult |
20 | | Protective Services Act. |
21 | | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, |
22 | | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, |
23 | | eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
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24 | | Section 20. The State Employee Indemnification Act is |
25 | | amended by changing Section 1 as follows:
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1 | | (5 ILCS 350/1) (from Ch. 127, par. 1301)
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2 | | Sec. 1. Definitions. For the purpose of this Act:
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3 | | (a) The term "State" means the State of Illinois, the |
4 | | General
Assembly, the court, or any State office, department, |
5 | | division, bureau,
board, commission, or committee, the |
6 | | governing boards of the public
institutions of higher education |
7 | | created by the State, the Illinois
National Guard, the |
8 | | Comprehensive Health Insurance Board, any poison control
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9 | | center designated under the Poison Control System Act that |
10 | | receives State
funding, or any other agency or instrumentality |
11 | | of the State. It
does not mean any local public entity as that |
12 | | term is defined in Section
1-206 of the Local Governmental and |
13 | | Governmental Employees Tort Immunity
Act or a pension fund.
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14 | | (b) The term "employee" means any present or former elected |
15 | | or
appointed officer, trustee or employee of the State, or of a |
16 | | pension
fund,
any present or former commissioner or employee of |
17 | | the Executive Ethics
Commission or of the Legislative Ethics |
18 | | Commission, any present or former
Executive, Legislative, or |
19 | | Auditor General's Inspector General, any present or
former |
20 | | employee of an Office of an Executive, Legislative, or Auditor |
21 | | General's
Inspector General, any present or former member of |
22 | | the Illinois National
Guard
while on active duty, individuals |
23 | | or organizations who contract with the
Department of |
24 | | Corrections, the Department of Juvenile Justice, the |
25 | | Comprehensive Health Insurance Board, or the
Department of |
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1 | | Veterans' Affairs to provide services, individuals or
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2 | | organizations who contract with the Department of Human |
3 | | Services (as
successor to the Department of Mental Health and |
4 | | Developmental
Disabilities) to provide services including but |
5 | | not limited to treatment and
other services for sexually |
6 | | violent persons, individuals or organizations who
contract |
7 | | with the Department of
Military
Affairs for youth programs, |
8 | | individuals or
organizations who contract to perform carnival |
9 | | and amusement ride safety
inspections for the Department of |
10 | | Labor, individual representatives of or
designated |
11 | | organizations authorized to represent the Office of State |
12 | | Long-Term
Ombudsman for the Department on Aging, individual |
13 | | representatives of or
organizations designated by the |
14 | | Department on Aging in the performance of their
duties as adult |
15 | | protective services agencies or regional administrative |
16 | | agencies
under the Adult Protective Services Act, individuals |
17 | | or organizations appointed as members of a review team or the |
18 | | Advisory Council under the Adult Protective Services Act, |
19 | | individuals or organizations who perform
volunteer services |
20 | | for the State where such volunteer relationship is reduced
to |
21 | | writing, individuals who serve on any public entity (whether |
22 | | created by law
or administrative action) described in paragraph |
23 | | (a) of this Section,
individuals or not for profit |
24 | | organizations who, either as volunteers, where
such volunteer |
25 | | relationship is reduced to writing, or pursuant to contract,
|
26 | | furnish professional advice or consultation to any agency or |
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1 | | instrumentality of
the State, individuals who serve as foster |
2 | | parents for the Department of
Children and Family Services when |
3 | | caring for a Department ward, individuals who serve as members |
4 | | of an independent team of experts under Brian's Law, and |
5 | | individuals
who serve as arbitrators pursuant to Part 10A of
|
6 | | Article II of the Code of Civil Procedure and the rules of the |
7 | | Supreme Court
implementing Part 10A, each as now or hereafter |
8 | | amended, but does not mean an
independent contractor except as |
9 | | provided in this Section. The term includes an
individual |
10 | | appointed as an inspector by the Director of State Police when
|
11 | | performing duties within the scope of the activities of a |
12 | | Metropolitan
Enforcement Group or a law enforcement |
13 | | organization established under the
Intergovernmental |
14 | | Cooperation Act. An individual who renders professional
advice |
15 | | and consultation to the State through an organization which |
16 | | qualifies as
an "employee" under the Act is also an employee. |
17 | | The term includes the estate
or personal representative of an |
18 | | employee.
|
19 | | (c) The term "pension fund" means a retirement system or |
20 | | pension
fund created under the Illinois Pension Code.
|
21 | | (Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; revised |
22 | | 8-9-13.)
|
23 | | Section 25. The State Employees Group Insurance Act of 1971 |
24 | | is amended by setting forth, renumbering, and changing multiple |
25 | | versions 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 |
3 | | Board members. Notwithstanding any other provision of this Act |
4 | | to the contrary, this Act does not apply to any member of the |
5 | | Regional Transportation Authority Board who first becomes a |
6 | | member of that Board on or after July 23, 2013 ( the effective |
7 | | date of Public Act 98-108) this amendatory Act of the 98th |
8 | | General 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 |
12 | | date 6 months after August 16, 2013 ( the effective date of |
13 | | Public Act 98-488) this amendatory Act of the 98th General |
14 | | Assembly , as provided in the Executive Order 1 (2012) |
15 | | Implementation Act, all of the powers, duties, rights, and |
16 | | responsibilities related to State healthcare purchasing under |
17 | | this Act that were transferred from the Department of Central |
18 | | Management Services to the Department of Healthcare and Family |
19 | | Services by Executive Order 3 (2005) are transferred back to |
20 | | the 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 |
23 | | setting forth, renumbering, and changing multiple versions of |
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1 | | Section 175 as follows:
|
2 | | (5 ILCS 490/175) |
3 | | Sec. 175. Mother Mary Ann Bickerdyke Day. The second |
4 | | Wednesday in May of each year is designated as Mother Mary Ann |
5 | | Bickerdyke Day, to be observed throughout the State as a day |
6 | | set apart to honor Mother Mary Ann Bickerdyke of Galesburg, |
7 | | military nurses, and the contribution of nurses to the State of |
8 | | Illinois 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) |
12 | | Month. The month of November in each year is designated as |
13 | | Chronic Obstructive Pulmonary Disease (COPD) Month to be |
14 | | observed throughout the State as a month for the people of |
15 | | Illinois to support efforts to decrease the prevalence of COPD, |
16 | | develop better treatments, and work toward an eventual cure |
17 | | through 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 |
21 | | first Saturday of each month is designated as Eat Local, Buy |
22 | | Illinois Products Day to promote local food initiatives and , |
23 | | Illinois agribusiness , and to encourage residents to re-invest |
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1 | | in the local economy. The Department of Agriculture's Illinois |
2 | | Product Logo Program shall assist in increasing awareness and |
3 | | sales 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 |
6 | | Sections 1A-16.5, 4-10, 5-9, 10-4, 19-4, 24A-15.1, 24A-16, and |
7 | | 28-3 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 |
11 | | maintain a system for online voter registration that permits a |
12 | | person to apply to register to vote or to update his or her |
13 | | existing voter registration. In accordance with technical |
14 | | specifications provided by the State Board of Elections, each |
15 | | election authority shall maintain a voter registration system |
16 | | capable of receiving and processing voter registration |
17 | | application information, including electronic signatures, from |
18 | | the online voter registration system established by the State |
19 | | Board of Elections. |
20 | | (b) The online voter registration system shall employ |
21 | | security measures to ensure the accuracy and integrity of voter |
22 | | registration applications submitted electronically pursuant to |
23 | | this Section. |
24 | | (c) The Board may receive voter registration information |
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1 | | provided by applicants using the State Board of Elections' |
2 | | website, may cross reference that information with data or |
3 | | information contained in the Secretary of State's database in |
4 | | order to match the information submitted by applicants, and may |
5 | | receive from the Secretary of State the applicant's digitized |
6 | | signature upon a successful match of that applicant's |
7 | | information with that contained in the Secretary of State's |
8 | | database. |
9 | | (d) Notwithstanding any other provision of law, a person |
10 | | who is qualified to register to vote and who has an authentic |
11 | | Illinois driver's license or State identification card issued |
12 | | by the Secretary of State may submit an application to register |
13 | | to vote electronically on a website maintained by the State |
14 | | Board of Elections. |
15 | | (e) An online voter registration application shall contain |
16 | | all of the information that is required for a paper application |
17 | | as provided in Section 1A-16 of this Code, except that the |
18 | | applicant 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 |
26 | | registration to be accepted, the applicant shall mark the box |
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1 | | associated with the following statement included as part of the |
2 | | online voter registration application: |
3 | | " By clicking on the box below, I swear or affirm all of the |
4 | | following: |
5 | | (1) I am the person whose name and identifying information |
6 | | is provided on this form, and I desire to register to vote in |
7 | | the State of Illinois. |
8 | | (2) All the information I have provided on this form is |
9 | | true and correct as of the date I am submitting this form. |
10 | | (3) I authorize the Secretary of State to transmit to the |
11 | | State Board of Elections my signature that is on file with the |
12 | | Secretary of State and understand that such signature will be |
13 | | used by my local election authority on this online voter |
14 | | registration application for admission as an elector as if I |
15 | | had signed this form personally.". |
16 | | (g) Immediately upon receiving a completed online voter |
17 | | registration application, the online voter registration system |
18 | | shall send, by electronic mail, a confirmation notice that the |
19 | | application has been received. Within 48 hours of receiving |
20 | | such an application, the online voter registration system shall |
21 | | send by electronic mail, a notice informing the applicant of |
22 | | whether the following information has been matched with the |
23 | | Secretary 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 |
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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 |
15 | | the information on the Secretary of State's databases for any |
16 | | driver's license and State identification card holder and is |
17 | | matched as provided in subsection (g) above, the online voter |
18 | | registration 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 |
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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 |
12 | | application, the county clerk or board of election |
13 | | commissioners having jurisdiction over the applicant's voter |
14 | | registration shall promptly search its voter registration |
15 | | database to determine whether the applicant is already |
16 | | registered to vote at the address on the application and |
17 | | whether the new registration would create a duplicate |
18 | | registration. If the applicant is already registered to vote at |
19 | | the address on the application, the clerk or board, as the case |
20 | | may be, shall send the applicant by first class mail, and |
21 | | electronic mail if the applicant has provided an electronic |
22 | | mail address on the original voter registration form for that |
23 | | address, a disposition notice as otherwise required by law |
24 | | informing the applicant that he or she is already registered to |
25 | | vote at such address. If the applicant is not already |
26 | | registered to vote at the address on the application and the |
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1 | | applicant is otherwise eligible to register to vote, the clerk |
2 | | or 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 |
12 | | duplicate registration application or a change of address form |
13 | | that is retrieved and imported from the Secretary of State's |
14 | | driver's license or State identification card database as |
15 | | provided herein may, in the discretion of the clerk or board, |
16 | | be substituted for and replace any existing signature for that |
17 | | individual in the voter registration database of the county |
18 | | clerk or board of election commissioners. |
19 | | (k) Any new registration or change of address submitted |
20 | | electronically as provided in this Section shall become |
21 | | effective as of the date it is received by the county clerk or |
22 | | board of election commissioners having jurisdiction over said |
23 | | registration. Disposition notices prescribed in this Section |
24 | | shall be sent within 5 business days of receipt of the online |
25 | | application or change of address by the county clerk or board |
26 | | of election commissioners. |
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1 | | (l) All provisions of this Code governing voter |
2 | | registration and applicable thereto and not inconsistent with |
3 | | this Section shall apply to online voter registration under |
4 | | this Section. All applications submitted on a website |
5 | | maintained by the State Board of Elections shall be deemed |
6 | | timely filed if they are submitted no later than 11:59 p.m. on |
7 | | the final day for voter registration prior to an election. |
8 | | After the registration period for an upcoming election has |
9 | | ended and until the 2nd day following such election, the web |
10 | | page containing the online voter registration form on the State |
11 | | Board of Elections website shall inform users of the procedure |
12 | | for grace period voting. |
13 | | (m) The State Board of Elections shall maintain a list of |
14 | | the name, street address, e-mail address, and likely precinct, |
15 | | ward, township, and district numbers, as the case may be, of |
16 | | people who apply to vote online through the voter registration |
17 | | system and those names and that information shall be stored in |
18 | | an electronic format on its website, arranged by county and |
19 | | accessible to State and local political committees. |
20 | | (n) The Illinois State Board of Elections shall submit a |
21 | | report to the General Assembly and the Governor by January 31, |
22 | | 2014 detailing the progress made to implement the online voter |
23 | | registration system described in this Section. |
24 | | (o) The online voter registration system provided for in |
25 | | this Section shall be fully operational by July 1, 2014.
|
26 | | (Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)
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1 | | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
|
2 | | Sec. 4-10.
Except as herein provided, no person shall be |
3 | | registered,
unless he applies in person to a registration |
4 | | officer, answers such
relevant questions as may be asked of him |
5 | | by the registration officer,
and executes the affidavit of |
6 | | registration. The registration officer shall
require the |
7 | | applicant to furnish two forms of identification, and except in |
8 | | the
case of a homeless individual, one of which must include |
9 | | his or her residence
address. These forms of identification |
10 | | shall include, but not be limited to,
any of the following: |
11 | | driver's license, social security card, public aid
|
12 | | identification card, utility bill, employee or student |
13 | | identification card,
lease or contract for a residence, credit |
14 | | card, or a civic, union or professional association membership |
15 | | card.
The registration officer shall require a homeless |
16 | | individual to furnish
evidence of his or her use of the mailing |
17 | | address stated. This use may be
demonstrated by a piece of mail |
18 | | addressed to that individual and received at
that address or by |
19 | | a statement from a person authorizing use of the mailing
|
20 | | address. The registration officer shall require each applicant |
21 | | for
registration to read or have read to him the affidavit of |
22 | | registration
before permitting him to execute the affidavit.
|
23 | | One of the registration officers or a deputy registration |
24 | | officer,
county clerk, or clerk in the office of the county |
25 | | clerk, shall
administer to all persons who shall personally |
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1 | | apply to register the
following oath or affirmation:
|
2 | | "You do solemnly swear (or affirm) that you will fully and |
3 | | truly
answer all such questions as shall be put to you touching |
4 | | your name,
place of residence, place of birth, your |
5 | | qualifications as an elector
and your right as such to register |
6 | | and vote under the laws of the State
of Illinois."
|
7 | | The registration officer shall satisfy himself that each |
8 | | applicant
for registration is qualified to register before |
9 | | registering him. If the
registration officer has reason to |
10 | | believe that the applicant is a resident
of a Soldiers' and |
11 | | Sailors' Home or any facility which is licensed or certified
|
12 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
13 | | Health Rehabilitation Act of 2013, or the ID/DD Community Care |
14 | | Act, the following question shall be put,
"When you entered the |
15 | | home which is your present address, was it your bona
fide |
16 | | intention to become a resident thereof?" Any voter of a |
17 | | township, city,
village or incorporated town in which such |
18 | | applicant resides, shall be
permitted to be present at the |
19 | | place of any precinct registration and shall
have the right to |
20 | | challenge any applicant who applies to be registered.
|
21 | | In case the officer is not satisfied that the applicant is |
22 | | qualified
he shall forthwith notify such applicant in writing |
23 | | to appear before the
county clerk to complete his registration. |
24 | | Upon the card of such
applicant shall be written the word |
25 | | "incomplete" and no such applicant
shall be permitted to vote |
26 | | unless such registration is satisfactorily
completed as |
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1 | | hereinafter provided. No registration shall be taken and
marked |
2 | | as incomplete if information to complete it can be furnished on
|
3 | | the date of the original application.
|
4 | | Any person claiming to be an elector in any election |
5 | | precinct and
whose registration card is marked "Incomplete" may |
6 | | make and sign an
application in writing, under oath, to the |
7 | | county clerk in substance in
the following form:
|
8 | | "I do solemnly swear that I, ...., did on (insert date) |
9 | | make
application to the board of registry of the .... precinct |
10 | | of the township of
.... (or to the county clerk of .... county) |
11 | | and that said board or clerk
refused to complete my |
12 | | registration as a qualified voter in said
precinct. That I |
13 | | reside in said precinct, that I intend to reside in said
|
14 | | precinct, and am a duly qualified voter of said precinct and am |
15 | | entitled to be
registered to vote in said precinct at the next |
16 | | election.
|
17 | | (Signature of applicant) ............................."
|
18 | | All such applications shall be presented to the county |
19 | | clerk or to
his duly authorized representative by the |
20 | | applicant, in person between
the hours of 9:00 a.m. and 5:00 |
21 | | p.m. on any day after the days on
which the 1969 and 1970 |
22 | | precinct re-registrations are held but not on
any day within 27 |
23 | | days preceding the ensuing general election and
thereafter for |
24 | | the registration provided in Section 4-7 all such
applications |
25 | | shall be presented to the county clerk or his duly
authorized |
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1 | | representative by the applicant in person between the hours
of |
2 | | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding |
3 | | the
ensuing general election. Such application shall be heard |
4 | | by the county
clerk or his duly authorized representative at |
5 | | the time the application
is presented. If the applicant for |
6 | | registration has registered with the
county clerk, such |
7 | | application may be presented to and heard by the
county clerk |
8 | | or by his duly authorized representative upon the dates
|
9 | | specified above or at any time prior thereto designated by the |
10 | | county clerk.
|
11 | | Any otherwise qualified person who is absent from his |
12 | | county of
residence either due to business of the United States |
13 | | or because he is
temporarily outside the territorial limits of |
14 | | the United States may
become registered by mailing an |
15 | | application to the county clerk within
the periods of |
16 | | registration provided for in this Article, or by simultaneous
|
17 | | application for absentee registration and absentee ballot as |
18 | | provided in
Article 20 of this Code.
|
19 | | Upon receipt of such application the county clerk shall |
20 | | immediately
mail an affidavit of registration in duplicate, |
21 | | which affidavit shall
contain the following and such other |
22 | | information as the State Board of
Elections may think it proper |
23 | | to require for the identification of the
applicant:
|
24 | | Name. The name of the applicant, giving surname and first |
25 | | or
Christian name in full, and the middle name or the initial |
26 | | for such
middle name, if any.
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1 | | Sex.
|
2 | | Residence. The name and number of the street, avenue or |
3 | | other
location of the dwelling, and such additional clear and |
4 | | definite
description as may be necessary to determine the exact |
5 | | location of the
dwelling of the applicant. Where the location |
6 | | cannot be determined by
street and number, then the Section, |
7 | | congressional township and range
number may be used, or such |
8 | | other information as may be necessary,
including post office |
9 | | mailing address.
|
10 | | Electronic mail address, if the registrant has provided |
11 | | this information. |
12 | | Term of residence in the State of Illinois and the |
13 | | precinct.
|
14 | | Nativity. The State or country in which the applicant was |
15 | | born.
|
16 | | Citizenship. Whether the applicant is native born or |
17 | | naturalized. If
naturalized, the court, place and date of |
18 | | naturalization.
|
19 | | Age. Date of birth, by month, day and year.
|
20 | | Out of State address of ..........................
|
21 | | AFFIDAVIT OF REGISTRATION
|
22 | | State of ...........)
|
23 | | )ss
|
24 | | County of ..........)
|
25 | | I hereby swear (or affirm) that I am a citizen of the |
26 | | United States;
that on the day of the next election I shall |
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1 | | have resided in the State
of Illinois and in the election |
2 | | precinct 30 days; that I am
fully qualified to vote, that I am |
3 | | not registered to vote anywhere else
in the United States, that |
4 | | I intend to remain a resident of the State of
Illinois and of |
5 | | the election precinct, that I intend to return to the State
of |
6 | | Illinois, 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 |
10 | | administer
oaths, on (insert date).
|
11 | | ........................................
|
12 | | Signature of officer administering oath.
|
13 | | Upon receipt of the executed duplicate affidavit of |
14 | | Registration, the
county clerk shall transfer the information |
15 | | contained thereon to
duplicate Registration Cards provided for |
16 | | in Section 4-8 of this Article
and shall attach thereto a copy |
17 | | of each of the duplicate affidavit of
registration and |
18 | | thereafter such registration card and affidavit shall
|
19 | | constitute the registration of such person the same as if he |
20 | | had applied
for registration in person.
|
21 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
22 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; |
23 | | revised 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 |
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1 | | registered
unless he applies in person to registration officer, |
2 | | answers such
relevant questions as may be asked of him by the |
3 | | registration officer,
and executes the affidavit of |
4 | | registration. The registration officer shall
require the |
5 | | applicant to furnish two forms of identification, and except in |
6 | | the
case of a homeless individual, one of which must include |
7 | | his or her residence
address. These forms of identification |
8 | | shall include, but not be limited to,
any of the following: |
9 | | driver's license, social security card, public aid
|
10 | | identification card, utility bill, employee or student |
11 | | identification card,
lease or contract for a residence, credit |
12 | | card, or a civic, union or professional association membership |
13 | | card.
The registration officer shall require a homeless |
14 | | individual to furnish
evidence of his or her use of the mailing |
15 | | address stated. This use may be
demonstrated by a piece of mail |
16 | | addressed to that individual and received at
that address or by |
17 | | a statement from a person authorizing use of the mailing
|
18 | | address. The registration officer shall require each applicant |
19 | | for registration
to read or have read to him the affidavit of |
20 | | registration before permitting him
to execute the affidavit.
|
21 | | One of the Deputy Registrars, the Judge of Registration, or |
22 | | an
Officer of Registration, County Clerk, or clerk in the |
23 | | office of the
County Clerk, shall administer to all persons who |
24 | | shall personally apply
to register the following oath or |
25 | | affirmation:
|
26 | | "You do solemnly swear (or affirm) that you will fully and |
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1 | | truly
answer all such questions as shall be put to you touching |
2 | | your place of
residence, name, place of birth, your |
3 | | qualifications as an elector and
your right as such to register |
4 | | and vote under the laws of the State of
Illinois."
|
5 | | The Registration Officer shall satisfy himself that each |
6 | | applicant
for registration is qualified to register before |
7 | | registering him. If the
registration officer has reason to |
8 | | believe that the applicant is a resident
of a Soldiers' and |
9 | | Sailors' Home or any facility which is licensed or certified
|
10 | | pursuant to the Nursing Home Care Act, the Specialized Mental |
11 | | Health Rehabilitation Act of 2013, or the ID/DD Community Care |
12 | | Act, the following question shall be put,
"When you entered the |
13 | | home which is your present address, was it your bona fide
|
14 | | intention to become a resident thereof?" Any voter of a |
15 | | township, city,
village or incorporated town in which such |
16 | | applicant resides, shall be
permitted to be present at the |
17 | | place of precinct registration, and shall have
the right to |
18 | | challenge any applicant who applies to be registered.
|
19 | | In case the officer is not satisfied that the applicant is |
20 | | qualified,
he shall forthwith in writing notify such applicant |
21 | | to appear before the
County Clerk to furnish further proof of |
22 | | his qualifications. Upon the
card of such applicant shall be |
23 | | written the word "Incomplete" and no
such applicant shall be |
24 | | permitted to vote unless such registration is
satisfactorily |
25 | | completed as hereinafter provided. No registration shall
be |
26 | | taken and marked as "incomplete" if information to complete it |
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1 | | can be
furnished on the date of the original application.
|
2 | | Any person claiming to be an elector in any election |
3 | | precinct in such
township, city, village or incorporated town |
4 | | and whose registration is
marked "Incomplete" may make and sign |
5 | | an application in writing, under
oath, to the County Clerk in |
6 | | substance in the following form:
|
7 | | "I do solemnly swear that I, .........., did on (insert |
8 | | date) make application to the Board of Registry of the ........
|
9 | | precinct of ........ ward of the City of .... or of the |
10 | | ......... District
......... Town of .......... (or to the |
11 | | County Clerk of .............) and
............ County; that |
12 | | said Board or Clerk refused to complete my
registration as a |
13 | | qualified voter in said precinct, that I reside in said
|
14 | | precinct (or that I intend to reside in said precinct), am a |
15 | | duly qualified
voter and entitled to vote in said precinct at |
16 | | the next election.
|
17 | | ...........................
|
18 | | (Signature of Applicant)"
|
19 | | All such applications shall be presented to the County |
20 | | Clerk by the
applicant, in person between the hours of nine |
21 | | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of |
22 | | the third week subsequent to
the weeks in which the 1961 and |
23 | | 1962 precinct re-registrations are to be
held, and thereafter |
24 | | for the registration provided in Section 5-17 of
this Article, |
25 | | all such applications shall be presented to the County
Clerk by |
26 | | the applicant in person between the hours of nine o'clock a.m.
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1 | | and nine o'clock p.m. on Monday and Tuesday of the third week
|
2 | | prior to the date on which such election is to be held.
|
3 | | Any otherwise qualified person who is absent from his |
4 | | county of
residence either due to business of the United States |
5 | | or because he is
temporarily outside the territorial limits of |
6 | | the United States may
become registered by mailing an |
7 | | application to the county clerk within
the periods of |
8 | | registration provided for in this Article or by simultaneous
|
9 | | application for absentee registration and absentee ballot as |
10 | | provided in
Article 20 of this Code.
|
11 | | Upon receipt of such application the county clerk shall |
12 | | immediately
mail an affidavit of registration in duplicate, |
13 | | which affidavit shall
contain the following and such other |
14 | | information as the State Board of
Elections may think it proper |
15 | | to require for the identification of the
applicant:
|
16 | | Name. The name of the applicant, giving surname and first |
17 | | or
Christian name in full, and the middle name or the initial |
18 | | for such
middle name, if any.
|
19 | | Sex.
|
20 | | Residence. The name and number of the street, avenue or |
21 | | other
location of the dwelling, and such additional clear and |
22 | | definite
description as may be necessary to determine the exact |
23 | | location of the
dwelling of the applicant. Where the location |
24 | | cannot be determined by
street and number, then the Section, |
25 | | congressional township and range
number may be used, or such |
26 | | other information as may be necessary,
including post office |
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1 | | mailing address.
|
2 | | Electronic mail address, if the registrant has provided |
3 | | this information. |
4 | | Term of residence in the State of Illinois and the |
5 | | precinct.
|
6 | | Nativity. The State or country in which the applicant was |
7 | | born.
|
8 | | Citizenship. Whether the applicant is native born or |
9 | | naturalized. If
naturalized, the court, place and date of |
10 | | naturalization.
|
11 | | Age. Date of birth, by month, day and year.
|
12 | | Out of State address of ..........................
|
13 | | AFFIDAVIT OF REGISTRATION
|
14 | | State of .........)
|
15 | | )ss
|
16 | | County of ........)
|
17 | | I hereby swear (or affirm) that I am a citizen of the |
18 | | United States;
that on the day of the next election I shall |
19 | | have resided in the State
of Illinois for 6 months and in the |
20 | | election precinct 30 days; that I am
fully qualified to vote, |
21 | | that I am not registered to vote anywhere else
in the United |
22 | | States, that I intend to remain a resident of the State of
|
23 | | Illinois and of the election precinct, that I intend to return |
24 | | to the State
of Illinois, and that the above statements are |
25 | | true.
|
26 | | ..............................
|
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1 | | (His or her signature or mark)
|
2 | | Subscribed and sworn to before me, an officer qualified to |
3 | | administer
oaths, on (insert date).
|
4 | | ........................................
|
5 | | Signature of officer administering oath.
|
6 | | Upon receipt of the executed duplicate affidavit of |
7 | | Registration, the
county clerk shall transfer the information |
8 | | contained thereon to
duplicate Registration Cards provided for |
9 | | in Section 5-7 of this Article
and shall attach thereto a copy |
10 | | of each of the duplicate affidavit of
registration and |
11 | | thereafter such registration card and affidavit shall
|
12 | | constitute the registration of such person the same as if he |
13 | | had applied
for registration in person.
|
14 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
15 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; |
16 | | revised 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 |
19 | | for nomination
under this Article 10 for
candidates for public |
20 | | office in this State, shall in addition to other
requirements |
21 | | provided by law, be as follows: Such petitions shall
consist of |
22 | | sheets of uniform size and each sheet shall contain, above
the |
23 | | space for signature, an appropriate heading, giving the |
24 | | information
as to name of candidate or candidates in whose |
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1 | | behalf such petition is
signed; the office; the party; place of |
2 | | residence; and such other
information or wording as required to |
3 | | make same valid, and the heading
of each sheet shall be the |
4 | | same. Such petition shall be signed by the
qualified voters in |
5 | | their own proper persons only, and opposite the
signature of |
6 | | each signer his residence address shall be written or
printed. |
7 | | The residence address required to be written or printed
|
8 | | opposite each qualified primary elector's name shall include |
9 | | the street
address or rural route number of the signer, as the |
10 | | case may be, as well as
the signer's county, and city, village |
11 | | or town, and state. However,
the county or city, village or
|
12 | | town, and state of residence of such electors may be printed on |
13 | | the
petition forms where all of the such electors signing the |
14 | | petition
reside in the same county or city, village or town, |
15 | | and state. Standard
abbreviations may be used in writing the |
16 | | residence address, including
street number, if any. No |
17 | | signature shall be valid or be counted in
considering the |
18 | | validity or sufficiency of such petition unless the
|
19 | | requirements of this Section are complied with. At the bottom |
20 | | of each
sheet of such petition shall be added a circulator's |
21 | | statement, signed by a
person 18
years of age or older who is a |
22 | | citizen of the United States; stating the street address or |
23 | | rural route
number, as the case may be, as well as the county,
|
24 | | city,
village or town, and state; certifying that the |
25 | | signatures on that sheet of
the petition
were signed in his or |
26 | | her presence; certifying that the signatures are
genuine;
and |
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1 | | either (1) indicating the dates on which that sheet was |
2 | | circulated, or (2)
indicating the first and last dates on which |
3 | | the sheet was circulated, or (3)
certifying that none of the |
4 | | signatures on the sheet were signed more than 90
days preceding |
5 | | the last day for the filing of the petition; and
certifying
|
6 | | that to the best of his knowledge and belief the persons so |
7 | | signing were at the
time of signing the petition duly |
8 | | registered voters under Articles 4, 5 or 6 of
the Code of the |
9 | | political subdivision or district for which the candidate or
|
10 | | candidates shall be nominated, and certifying that their |
11 | | respective residences
are correctly stated therein. Such |
12 | | statement shall be sworn to before some
officer authorized to |
13 | | administer oaths in this State. No petition sheet shall
be |
14 | | circulated more than 90 days preceding the last day provided in |
15 | | Section 10-6
for the filing of such petition. Such sheets, |
16 | | before being presented to the
electoral board or filed with the |
17 | | proper officer of the electoral district or
division of the |
18 | | state or municipality, as the case may be, shall be neatly
|
19 | | fastened together in book form, by placing the sheets in a pile |
20 | | and fastening
them together at one edge in a secure and |
21 | | suitable manner, and the sheets shall
then be numbered |
22 | | consecutively. The sheets shall not be fastened by pasting
them |
23 | | together end to end, so as to form a continuous strip or roll. |
24 | | All
petition sheets which are filed with the proper local |
25 | | election officials,
election authorities or the State Board of |
26 | | Elections shall be the original
sheets which have been signed |
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1 | | by the voters and by the circulator, and not
photocopies or |
2 | | duplicates of such sheets. A petition, when presented or
filed, |
3 | | shall not be withdrawn, altered, or added to, and no signature |
4 | | shall be
revoked except by revocation in writing presented or |
5 | | filed with the officers or
officer with whom the petition is |
6 | | required to be presented or filed, and before
the presentment |
7 | | or filing of such petition. Whoever forges any name of a
signer |
8 | | upon any petition shall be deemed guilty of a forgery, and on |
9 | | conviction
thereof, shall be punished accordingly. The word |
10 | | "petition" or "petition for
nomination", as used herein, shall |
11 | | mean what is sometimes known as nomination
papers, in |
12 | | distinction to what is known as a certificate of nomination. |
13 | | The
words "political division for which the candidate is |
14 | | nominated", or its
equivalent, shall mean the largest political |
15 | | division in which all qualified
voters may vote upon such |
16 | | candidate or candidates, as the state in the case of
state |
17 | | officers; the township in the case of township officers et |
18 | | cetera.
Provided, further, that no person shall circulate or |
19 | | certify petitions for
candidates of more than one political |
20 | | party, or for an independent candidate or
candidates in |
21 | | addition to one political party, to be voted upon at the next
|
22 | | primary or general election, or for such candidates and parties |
23 | | with respect to
the same political subdivision at the next |
24 | | consolidated election.
|
25 | | (Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01; |
26 | | revised 9-4-13.)
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1 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
|
2 | | Sec. 19-4. Mailing or delivery of ballots; time. ballots - |
3 | | Time.) Immediately upon
the receipt of such application either |
4 | | by mail or electronic means, not more than 40 days
nor less |
5 | | than 5 days prior to such election, or by personal delivery not
|
6 | | more than 40 days nor less than one day prior to such election, |
7 | | at the
office of such election authority, it shall be the duty |
8 | | of such election
authority to examine the records to ascertain |
9 | | whether or not such
applicant is lawfully entitled to vote as
|
10 | | requested, including a verification of the applicant's |
11 | | signature by comparison with the signature on the official |
12 | | registration record card, and if found so to be entitled to |
13 | | vote, to post within one business day thereafter
the name, |
14 | | street address,
ward and precinct number or township and |
15 | | district number, as the case may be,
of such applicant given on |
16 | | a list, the pages of which are to be numbered
consecutively to |
17 | | be kept by such election authority for such purpose in a
|
18 | | conspicuous, open and public place accessible to the public at |
19 | | the entrance of
the office of such election authority, and in |
20 | | such a manner that such list may
be viewed without necessity of |
21 | | requesting permission therefor. Within one
day after posting |
22 | | the name and other information of an applicant for
an absentee |
23 | | ballot, the election authority shall transmit by electronic |
24 | | means pursuant to a process established by the State Board of |
25 | | Elections that name and other
posted information to the State |
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1 | | Board of Elections, which shall maintain those
names and other |
2 | | information in an electronic format on its website, arranged by
|
3 | | county and accessible to State and local political committees. |
4 | | Within 2
business days after posting a name and other |
5 | | information on the list within
its
office, the election |
6 | | authority shall mail,
postage prepaid, or deliver in person in |
7 | | such office an official ballot
or ballots if more than one are |
8 | | to be voted at said election. Mail delivery
of Temporarily |
9 | | Absent Student ballot applications pursuant to Section
19-12.3 |
10 | | shall be by nonforwardable mail. However,
for the consolidated |
11 | | election, absentee ballots for certain precincts may
be |
12 | | delivered to applicants not less than 25 days before the |
13 | | election if
so much time is required to have prepared and |
14 | | printed the ballots containing
the names of persons nominated |
15 | | for offices at the consolidated primary.
The election authority |
16 | | shall enclose with each absentee ballot or
application written |
17 | | instructions on how voting assistance shall be provided
|
18 | | pursuant to Section 17-14 and a document, written and approved |
19 | | by the State
Board of Elections,
enumerating
the circumstances |
20 | | under which a person is authorized to vote by absentee
ballot |
21 | | pursuant to this Article; such document shall also include a
|
22 | | statement informing the applicant that if he or she falsifies |
23 | | or is
solicited by another to falsify his or her
eligibility to |
24 | | cast an absentee ballot, such applicant or other is subject
to
|
25 | | penalties pursuant to Section 29-10 and Section 29-20 of the |
26 | | Election Code.
Each election authority shall maintain a list of |
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1 | | the name, street address,
ward and
precinct, or township and |
2 | | district number, as the case may be, of all
applicants who have |
3 | | returned absentee ballots to such authority, and the name of |
4 | | such absent voter shall be added to such list
within one |
5 | | business day from receipt of such ballot.
If the absentee |
6 | | ballot envelope indicates that the voter was assisted in
|
7 | | casting the ballot, the name of the person so assisting shall |
8 | | be included on
the list. The list, the pages of which are to be |
9 | | numbered consecutively,
shall be kept by each election |
10 | | authority in a conspicuous, open, and public
place accessible |
11 | | to the public at the entrance of the office of the election
|
12 | | authority and in a manner that the list may be viewed without |
13 | | necessity of
requesting permission for viewing.
|
14 | | Each election authority shall maintain a list for each |
15 | | election
of the
voters to whom it has issued absentee ballots. |
16 | | The list shall be
maintained for each precinct within the |
17 | | jurisdiction of the election
authority. Prior to the opening of |
18 | | the polls on election day, the
election authority shall deliver |
19 | | to the judges of election in each
precinct the list of |
20 | | registered voters in that precinct to whom absentee
ballots |
21 | | have been issued by mail.
|
22 | | Each election authority shall maintain a list for each |
23 | | election of
voters to whom it has issued temporarily absent |
24 | | student ballots. The list
shall be maintained for each election |
25 | | jurisdiction within which such voters
temporarily abide. |
26 | | Immediately after the close of the period during which
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1 | | application may be made by mail or electronic means for |
2 | | absentee ballots, each election
authority shall mail to each |
3 | | other election authority within the State a
certified list of |
4 | | all such voters temporarily abiding within the
jurisdiction of |
5 | | the other election authority.
|
6 | | In the event that the return address of an
application for |
7 | | ballot by a physically incapacitated elector
is that of a |
8 | | facility licensed or certified under the Nursing Home Care
Act, |
9 | | the Specialized Mental Health Rehabilitation Act of 2013, or |
10 | | the ID/DD Community Care Act, within the jurisdiction of the |
11 | | election authority, and the applicant
is a registered voter in |
12 | | the precinct in which such facility is located,
the ballots |
13 | | shall be prepared and transmitted to a responsible judge of
|
14 | | election no later than 9 a.m. on the Saturday, Sunday or Monday |
15 | | immediately
preceding the election as designated by the |
16 | | election authority under
Section 19-12.2. Such judge shall |
17 | | deliver in person on the designated day
the ballot to the |
18 | | applicant on the premises of the facility from which
|
19 | | application was made. The election authority shall by mail |
20 | | notify the
applicant in such facility that the ballot will be |
21 | | delivered by a judge of
election on the designated day.
|
22 | | All applications for absentee ballots shall be available at |
23 | | the office
of the election authority for public inspection upon |
24 | | request from the
time of receipt thereof by the election |
25 | | authority until 30 days after the
election, except during the |
26 | | time such applications are kept in the
office of the election |
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1 | | authority pursuant to Section 19-7, and except during
the time |
2 | | such applications are in the possession of the judges of |
3 | | election.
|
4 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
5 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; |
6 | | revised 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 |
9 | | recounts and election
contests shall be conducted as otherwise |
10 | | provided for in "The Election Code",
as amended. The automatic |
11 | | tabulating equipment shall be tested prior to the
discovery |
12 | | recount or election contest as provided in Section 24A-9, and
|
13 | | then the official ballots or ballot cards shall be recounted on |
14 | | the
automatic tabulating equipment. In addition, (1) the ballot |
15 | | or ballot cards
shall be checked for the presence or absence of |
16 | | judges' initials and other
distinguishing marks, and (2) the |
17 | | ballots marked "Rejected", "Defective",
Objected to",
|
18 | | "Absentee Ballot", and "Early Ballot" shall be
examined
to |
19 | | determine the
propriety of the such labels, and (3) the |
20 | | "Duplicate Absentee Ballots",
"Duplicate Early Ballots",
|
21 | | "Duplicate Overvoted Ballots" and "Duplicate
Damaged Ballots" |
22 | | shall be
compared with their respective originals to determine |
23 | | the correctness of
the duplicates.
|
24 | | Any person who has filed a petition for discovery recount |
25 | | may request that
a redundant count be conducted in those |
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1 | | precincts in which the discovery
recount is being conducted. |
2 | | The additional costs of such a redundant count
shall be borne |
3 | | by the requesting party.
|
4 | | The log of the computer operator and all materials retained |
5 | | by the election
authority in relation to vote tabulation and |
6 | | canvass shall be made available
for any discovery recount or |
7 | | election 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 |
11 | | voting
systems provided by this Article. |
12 | | No voting system shall be approved
unless it fulfills the |
13 | | following 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 |
12 | | equipment or system that includes an external Infrared Data |
13 | | Association (IrDA) communications port.
|
14 | | The State Board of Elections is authorized to withdraw its |
15 | | approval of a
voting system if the system fails to fulfill the |
16 | | above requirements.
|
17 | | The vendor, person, or other private entity shall be solely |
18 | | responsible for the production and cost of: all application |
19 | | fees; all ballots; additional temporary workers; and other |
20 | | equipment or facilities needed and used in the testing of the |
21 | | vendor's, person's, or other private entity's respective |
22 | | equipment and software.
|
23 | | Any voting system vendor, person, or other private entity |
24 | | seeking the State Board of Elections' approval of a voting |
25 | | system shall, as part of the approval application, submit to |
26 | | the State Board a non-refundable fee. The State Board of |
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1 | | Elections by rule shall establish an appropriate fee structure, |
2 | | taking into account the type of voting system approval that is |
3 | | requested (such as approval of a new system, a modification of |
4 | | an existing system, the size of the modification, etc.). No |
5 | | voting system or modification of a voting system shall be |
6 | | approved unless the fee is paid.
|
7 | | No vendor, person, or other entity may sell, lease, or |
8 | | loan, or have a written contract, including a contract |
9 | | contingent upon State Board approval of the voting system or |
10 | | voting system component, to sell, lease, or loan, a voting
|
11 | | system or voting system component to any election jurisdiction |
12 | | unless the
voting system or voting system component is first |
13 | | approved by the State
Board of Elections pursuant to this |
14 | | Section.
|
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 |
18 | | for the
submission of public questions shall
consist of sheets |
19 | | of uniform size and each sheet shall contain, above
the space |
20 | | for signature, an appropriate heading, giving the information
|
21 | | as to the question of public policy to be submitted, and |
22 | | specifying the
state at large or the political subdivision or |
23 | | district or precinct or
combination of precincts or other |
24 | | territory in which it is to be submitted and,
where by law the |
25 | | public question must be submitted at a particular election,
the |
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1 | | election at which it is to be submitted. In the case of a |
2 | | petition for the
submission of a public question described in |
3 | | subsection (b) of Section 28-6,
the heading shall also specify |
4 | | the regular election at which the question is to
be submitted |
5 | | and include the precincts included in the territory concerning
|
6 | | which the public question is to be submitted, as well as a |
7 | | common description
of such territory in plain and nonlegal |
8 | | language, such description to describe
the territory by |
9 | | reference to streets, natural or artificial landmarks,
|
10 | | addresses or any other method which would enable a voter |
11 | | signing the petition
to be informed of the territory concerning |
12 | | which the question is to be
submitted. The heading of each |
13 | | sheet shall be the same. Such petition shall be
signed by the |
14 | | registered voters of the political subdivision or district or
|
15 | | precinct or combination of precincts in which the question of |
16 | | public policy is
to be submitted in their own proper persons |
17 | | only, and opposite the
signature of each signer his residence |
18 | | address shall be written or
printed, which residence address |
19 | | shall include the street address or
rural route number of the |
20 | | signer, as the case may be, as well as the
signer's county, and |
21 | | city, village or town, and state; provided that
the county or |
22 | | city, village or
town, and state of residence of such electors |
23 | | may be printed on the
petition forms where all of the such |
24 | | electors signing the petition
reside in the same county or |
25 | | city, village or town, and state. Standard
abbreviations may be |
26 | | used in writing the residence address, including
street number, |
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1 | | if any. No signature shall be valid or be counted in
|
2 | | considering the validity or sufficiency of such petition unless |
3 | | the
requirements of this Section are complied with.
|
4 | | At the bottom of each sheet of such petition shall be added |
5 | | a
circulator's statement, signed by a person 18 years of age or |
6 | | older who
is a citizen of the United States, stating the street |
7 | | address or rural route
number, as the case may be, as well as |
8 | | the county,
city,
village or town, and state; certifying that |
9 | | the signatures on that sheet of
the
petition were signed in his |
10 | | or her presence and are genuine, and that to
the best
of his or |
11 | | her knowledge and belief the persons so signing were at the |
12 | | time
of
signing the petition registered voters of the political |
13 | | subdivision or
district or precinct or combination of precincts |
14 | | in which the question of
public policy is to be submitted and |
15 | | that their respective residences are
correctly stated therein. |
16 | | Such statement shall be sworn to before some
officer authorized |
17 | | to administer oaths in this State.
|
18 | | Such sheets, before being filed with the proper officer or |
19 | | board
shall be bound securely and numbered consecutively. The |
20 | | sheets shall not be
fastened by pasting them together end to |
21 | | end, so as to form a continuous strip
or roll. All petition |
22 | | sheets which are filed with the proper local election
|
23 | | officials, election authorities or the State Board of Elections |
24 | | shall be the
original sheets which have been signed by the |
25 | | voters and by the circulator, and
not photocopies or duplicates |
26 | | of such sheets. A petition, when presented or
filed, shall not |
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1 | | be withdrawn, altered, or added to, and no signature shall be
|
2 | | revoked except by revocation in writing presented or filed with |
3 | | the board or
officer with whom the petition is required to be |
4 | | presented or filed, and before
the presentment or filing of |
5 | | such petition, except as may otherwise be provided
in another |
6 | | statute which authorize the public question. Whoever forges any |
7 | | name
of a signer upon any petition shall be deemed guilty of a |
8 | | forgery, and on
conviction thereof, shall be punished |
9 | | accordingly.
|
10 | | In addition to the foregoing requirements, a petition |
11 | | proposing an amendment
to Article IV of the Constitution |
12 | | pursuant to Section 3 of Article XIV of
the Constitution or a |
13 | | petition proposing a question of public policy to
be submitted |
14 | | to the voters of the entire State shall be in conformity with
|
15 | | the requirements of Section 28-9 of this Article.
|
16 | | If multiple sets of petitions for submission of the same |
17 | | public
questions are filed, the State Board of Elections, |
18 | | appropriate election
authority or local election official |
19 | | where the petitions are filed shall
within 2 business days |
20 | | notify the proponent of his or her multiple petition
filings |
21 | | and that proponent has 3 business days after receipt of the |
22 | | notice
to notify the State Board of Elections, appropriate |
23 | | election authority or
local election official that he or she |
24 | | may cancel prior sets of petitions.
If the proponent notifies |
25 | | the State Board of Elections, appropriate
election authority or |
26 | | local election official, the last set of petitions
filed shall |
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1 | | be the only petitions to be considered valid by the State Board
|
2 | | of Elections, appropriate election authority or local election |
3 | | official. If the
proponent fails to notify the State Board of |
4 | | Elections, appropriate
election authority or local election |
5 | | official then only the first set of
petitions filed shall be |
6 | | valid and all subsequent petitions shall be void.
|
7 | | (Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01; |
8 | | revised 9-12-13.)
|
9 | | Section 40. The Executive Reorganization Implementation |
10 | | Act 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 |
13 | | reorganization may
not provide for, and a reorganization under |
14 | | this Act may not have the effect of:
|
15 | | (a) continuing Continuing any function beyond the period |
16 | | authorized by law for its
exercise, or beyond the time when it |
17 | | would have terminated if the reorganization
had not been made;
|
18 | | (b) authorizing Authorizing any agency to exercise any |
19 | | function which is not expressly
authorized by law to be |
20 | | exercised by an agency in the executive branch when
the |
21 | | executive order is transmitted to the General Assembly;
|
22 | | (c) increasing Increasing the term of any office beyond |
23 | | that provided by law for the office; or
|
24 | | (d) eliminating any qualifications of or procedures for |
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1 | | selecting or appointing
any agency or department head or |
2 | | commission or board member; or
|
3 | | (e) abolishing Abolishing any agency created by the |
4 | | Illinois Constitution, or transferring
to any other agency any |
5 | | function conferred by the Illinois Constitution
on an agency |
6 | | created by that Constitution.
|
7 | | (Source: P.A. 81-984; revised 9-4-13.)
|
8 | | Section 45. The Illinois Identification Card Act is amended |
9 | | by 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 |
13 | | Identification Card to any natural person who is a resident
of |
14 | | the State of Illinois who applies for such card, or renewal |
15 | | thereof,
or who applies for a standard Illinois Identification |
16 | | Card upon release as a
committed person on parole, mandatory |
17 | | supervised release, aftercare release, final discharge, or
|
18 | | pardon from the Department of Corrections or Department of |
19 | | Juvenile Justice by submitting an identification card
issued by |
20 | | the Department of Corrections or Department of Juvenile Justice |
21 | | under Section 3-14-1 or Section 3-2.5-70 of the Unified
Code of |
22 | | Corrections,
together with the prescribed fees. No |
23 | | identification card shall be issued to any person who holds a |
24 | | valid
foreign state
identification card, license, or permit |
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1 | | unless the person first surrenders to
the Secretary of
State |
2 | | the valid foreign state identification card, license, or |
3 | | permit. The card shall be prepared and
supplied by the |
4 | | Secretary of State and shall include a photograph and signature |
5 | | or mark of the
applicant. However, the Secretary of State may |
6 | | provide by rule for the issuance of Illinois Identification |
7 | | Cards without photographs if the applicant has a bona fide |
8 | | religious objection to being photographed or to the display of |
9 | | his or her photograph. The Illinois Identification Card may be |
10 | | used for
identification purposes in any lawful situation only |
11 | | by the person to
whom it was issued.
As used in this Act, |
12 | | "photograph" means any color photograph or digitally
produced |
13 | | and captured image of an applicant for an identification card. |
14 | | As
used in this Act, "signature" means the name of a person as |
15 | | written by that
person and captured in a manner acceptable to |
16 | | the Secretary of State. |
17 | | (a-5) If an applicant for an identification card has a |
18 | | current driver's license or instruction permit issued by the |
19 | | Secretary of State, the Secretary may require the applicant to |
20 | | utilize the same residence address and name on the |
21 | | identification card, driver's license, and instruction permit |
22 | | records maintained by the Secretary. The Secretary may |
23 | | promulgate rules to implement this provision.
|
24 | | (a-10) If the applicant is a judicial officer as defined in |
25 | | Section 1-10 of the Judicial Privacy Act or a peace officer, |
26 | | the applicant may elect to have his or her office or work |
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1 | | address listed on the card instead of the applicant's residence |
2 | | or mailing address. The Secretary may promulgate rules to |
3 | | implement this provision. For the purposes of this subsection |
4 | | (a-10), "peace officer" means any person who by virtue of his |
5 | | or her office or public employment is vested by law with a duty |
6 | | to maintain public order or to make arrests for a violation of |
7 | | any penal statute of this State, whether that duty extends to |
8 | | all violations or is limited to specific violations. |
9 | | (b) The Secretary of State shall issue a special Illinois
|
10 | | Identification Card, which shall be known as an Illinois Person |
11 | | with a Disability
Identification Card, to any natural person |
12 | | who is a resident of the State
of Illinois, who is a person |
13 | | with a disability as defined in Section 4A of this Act,
who |
14 | | applies for such card, or renewal thereof. No Illinois Person |
15 | | with a Disability Identification Card shall be issued to any |
16 | | person who
holds a valid
foreign state identification card, |
17 | | license, or permit unless the person first
surrenders to the
|
18 | | Secretary of State the valid foreign state identification card, |
19 | | license, or
permit. The Secretary of State
shall charge no fee |
20 | | to issue such card. The card shall be prepared and
supplied by |
21 | | the Secretary of State, and shall include a photograph and |
22 | | signature or mark of the
applicant, a designation indicating |
23 | | that the card is an Illinois
Person with a Disability |
24 | | Identification Card, and shall include a comprehensible |
25 | | designation
of the type and classification of the applicant's |
26 | | disability as set out in
Section 4A of this Act. However, the |
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1 | | Secretary of State may provide by rule for the issuance of |
2 | | Illinois Person with a Disability Identification Cards without |
3 | | photographs if the applicant has a bona fide religious |
4 | | objection to being photographed or to the display of his or her |
5 | | photograph. If the applicant so requests, the card shall
|
6 | | include a description of the applicant's disability and any |
7 | | information
about the applicant's disability or medical |
8 | | history which the Secretary
determines would be helpful to the |
9 | | applicant in securing emergency medical
care. If a mark is used |
10 | | in lieu of a signature, such mark
shall be affixed to the card |
11 | | in the presence of two witnesses who attest to
the authenticity |
12 | | of the mark. The Illinois
Person with a Disability |
13 | | Identification Card may be used for identification purposes
in |
14 | | any lawful situation by the person to whom it was issued.
|
15 | | The Illinois Person with a Disability Identification Card |
16 | | may be used as adequate
documentation of disability in lieu of |
17 | | a physician's determination of
disability, a determination of |
18 | | disability from a physician assistant who has
been delegated |
19 | | the authority to make this determination by his or her
|
20 | | supervising physician, a determination of disability from an |
21 | | advanced practice
nurse who has a written collaborative |
22 | | agreement with a collaborating physician
that
authorizes the |
23 | | advanced practice nurse to make this determination, or any
|
24 | | other documentation
of disability whenever
any
State law
|
25 | | requires that a disabled person provide such documentation of |
26 | | disability,
however an Illinois Person with a Disability |
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1 | | Identification Card shall not qualify
the cardholder to |
2 | | participate in any program or to receive any benefit
which is |
3 | | not available to all persons with like disabilities.
|
4 | | Notwithstanding any other provisions of law, an Illinois Person |
5 | | with a Disability
Identification Card, or evidence that the |
6 | | Secretary of State has issued an
Illinois Person with a |
7 | | Disability Identification Card, shall not be used by any
person |
8 | | other than the person named on such card to prove that the |
9 | | person
named on such card is a disabled person or for any other |
10 | | purpose unless the
card is used for the benefit of the person |
11 | | named on such card, and the
person named on such card consents |
12 | | to such use at the time the card is so used.
|
13 | | An optometrist's determination of a visual disability |
14 | | under Section 4A of this Act is acceptable as documentation for |
15 | | the purpose of issuing an Illinois Person with a Disability |
16 | | Identification Card. |
17 | | When medical information is contained on an Illinois Person |
18 | | with a Disability
Identification Card, the Office of the |
19 | | Secretary of State shall not be
liable for any actions taken |
20 | | based upon that medical information.
|
21 | | (c) The Secretary of State shall provide
that each original |
22 | | or renewal Illinois Identification Card or Illinois
Person with |
23 | | a Disability Identification Card issued to a person under the |
24 | | age of 21
shall be of a distinct nature from those Illinois |
25 | | Identification Cards or
Illinois Person with a Disability |
26 | | Identification Cards issued to individuals 21
years of age or |
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1 | | older. The color designated for Illinois Identification
Cards |
2 | | or Illinois Person with a Disability Identification Cards for |
3 | | persons under
the age of 21 shall be at the discretion of the |
4 | | Secretary of State.
|
5 | | (c-1) Each original or renewal Illinois
Identification |
6 | | Card or Illinois Person with a Disability Identification Card |
7 | | issued to
a person under the age of 21 shall display the date |
8 | | upon which the person
becomes 18 years of age and the date upon |
9 | | which the person becomes 21 years of
age.
|
10 | | (c-3) The General Assembly recognizes the need to identify |
11 | | military veterans living in this State for the purpose of |
12 | | ensuring that they receive all of the services and benefits to |
13 | | which they are legally entitled, including healthcare, |
14 | | education assistance, and job placement. To assist the State in |
15 | | identifying these veterans and delivering these vital services |
16 | | and benefits, the Secretary of State is authorized to issue |
17 | | Illinois Identification Cards and Illinois Person with a |
18 | | Disability Identification Cards with the word "veteran" |
19 | | appearing on the face of the cards. This authorization is |
20 | | predicated on the unique status of veterans. The Secretary may |
21 | | not issue any other identification card which identifies an |
22 | | occupation, status, affiliation, hobby, or other unique |
23 | | characteristics of the identification card holder which is |
24 | | unrelated to the purpose of the identification card.
|
25 | | (c-5) Beginning on or before July 1, 2015, the Secretary of |
26 | | State shall designate a space on each original or renewal |
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1 | | identification card where, at the request of the applicant, the |
2 | | word "veteran" shall be placed. The veteran designation shall |
3 | | be available to a person identified as a veteran under |
4 | | subsection (b) of Section 5 of this Act who was discharged or |
5 | | separated under honorable conditions. |
6 | | (d) The Secretary of State may issue a Senior Citizen
|
7 | | discount card, to any natural person who is a resident of the |
8 | | State of
Illinois who is 60 years of age or older and who |
9 | | applies for such a card or
renewal thereof. The Secretary of |
10 | | State shall charge no fee to issue such
card. The card shall be |
11 | | issued in every county and applications shall be
made available |
12 | | at, but not limited to, nutrition sites, senior citizen
centers |
13 | | and Area Agencies on Aging. The applicant, upon receipt of such
|
14 | | card and prior to its use for any purpose, shall have affixed |
15 | | thereon in
the space provided therefor his signature or mark.
|
16 | | (e) The Secretary of State, in his or her discretion, may |
17 | | designate on each Illinois
Identification Card or Illinois |
18 | | Person with a Disability Identification Card a space where the |
19 | | card holder may place a sticker or decal, issued by the |
20 | | Secretary of State, of uniform size as the Secretary may |
21 | | specify, that shall indicate in appropriate language that the |
22 | | card holder has renewed his or her Illinois
Identification Card |
23 | | or 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, |
25 | | eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, |
26 | | eff. 8-16-13; 98-558, eff. 1-1-14; revised 9-4-13.)
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1 | | Section 50. The State Comptroller Act is amended by |
2 | | changing 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 |
5 | | powers and duties of the Comptroller comptroller as respects |
6 | | warrants are set
out in the Sections following this Section and |
7 | | preceding 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, |
11 | | mislaid or destroyed,
or becomes void after issuance, so that |
12 | | it cannot be presented for payment
by the person entitled |
13 | | thereto, the Comptroller, at any time before that
warrant is |
14 | | paid by the State Treasurer, but within 5 years of the
date of |
15 | | issuance, may issue a replacement warrant to the person |
16 | | entitled
thereto. If the original warrant was not cancelled or |
17 | | did not become void,
the Comptroller, before issuing the |
18 | | replacement warrant, shall issue a stop
payment order on the |
19 | | State Treasurer and receive a confirmation of the stop
payment |
20 | | order on the original warrant from the State Treasurer.
|
21 | | (b) Only the person entitled to the original warrant, or |
22 | | his heirs or
legal representatives, or a third party to whom it |
23 | | was properly negotiated
or the heirs or legal representatives |
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1 | | of such party, may request a replacement
warrant. In the case |
2 | | of a warrant issued to a payee who dies before the
warrant is |
3 | | paid by the State Treasurer and whose estate has been probated
|
4 | | pursuant to law, the Comptroller, upon receipt of a certified |
5 | | copy of a
judicial order establishing the person or entity |
6 | | entitled to payment, may
issue a replacement warrant to such |
7 | | person or entity.
|
8 | | (c) Within 12 months from the date of issuance of the
|
9 | | original warrant, if the original warrant has not been canceled |
10 | | for redeposit,
the Comptroller may issue a replacement warrant |
11 | | on the original voucher drawing
upon the same fund and charging |
12 | | the same appropriation or other expenditure
authorization as |
13 | | the original warrant.
|
14 | | (d) Within 12 months from the date of issuance of the |
15 | | original
warrant, if the original warrant has been canceled for |
16 | | redeposit, and if the
issuance of the replacement warrant would |
17 | | not over-obligate the appropriation
or other expenditure |
18 | | authority against which it is drawn, the Comptroller may
issue |
19 | | the replacement warrant. If the original warrant was issued |
20 | | against
an appropriation or other expenditure authority which |
21 | | has lapsed, the
replacement warrant shall be drawn on the |
22 | | Warrant Escheat Fund. If the
appropriation or other |
23 | | obligational authority against which the replacement
warrant |
24 | | is drawn has not lapsed, the Comptroller shall notify the
|
25 | | originating agency of the request for a replacement warrant and |
26 | | shall
receive a replacement voucher from that agency before |
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1 | | drawing the
replacement warrant, which shall be drawn on the |
2 | | same fund and charged to
the same appropriation or other |
3 | | expenditure authority as the original warrant.
|
4 | | (e) Within 12 months from the date of issuance of the |
5 | | original
warrant, if the original warrant has been canceled for |
6 | | redeposit, the Comptroller
may not issue a replacement warrant |
7 | | where such issuance would over-obligate
the appropriation or |
8 | | other expenditure authority against which the original
warrant |
9 | | was drawn. Whenever the Comptroller is presented with a request
|
10 | | for a replacement warrant which may not be issued under the |
11 | | limitation of
this subsection, if the appropriation or other |
12 | | expenditure authority
against which the original warrant was |
13 | | drawn has not lapsed, the Comptroller
shall immediately inform |
14 | | the originating agency of the request and that
the request may |
15 | | not be honored because of the resulting
over-obligation, and |
16 | | shall request the agency to determine whether or not
that |
17 | | agency will take some corrective action before the applicable |
18 | | expenditure
authorization lapses. The originating agency shall |
19 | | respond to the Comptroller's
inquiry within 5 business days.
|
20 | | (f) After 12 months from the date of issuance of the
|
21 | | original warrant,
if the original warrant has not been |
22 | | cancelled for redeposit, the Comptroller
shall issue the |
23 | | replacement warrant on the Warrant Escheat Fund.
|
24 | | (f-5) After 5 years from the date of issuance of the |
25 | | original warrant but no later than 10 years after that date, |
26 | | the Comptroller may issue a replacement warrant on the Warrant |
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1 | | Escheat Fund to a person or entity entitled thereto, as those |
2 | | persons and entities are described in subsection (b) of this |
3 | | Section, 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 |
12 | | replacement warrants
for more than $500 shall show entitlement |
13 | | to such warrant by
including an affidavit, in writing, sworn |
14 | | before a person authorized to
administer oaths and |
15 | | affirmations, stating the loss or destruction of the
warrant, |
16 | | or the
fact that the warrant is void. However, when the written |
17 | | request for a
replacement warrant submitted by the person to |
18 | | whom the original warrant was
issued is accompanied by the |
19 | | original warrant, no affidavit is
required. Requests for |
20 | | replacement warrants for $500 or less shall show entitlement to |
21 | | such
warrant by submitting a written statement of the loss
or |
22 | | destruction of the warrant, or the fact that the warrant is |
23 | | void on an
application form prescribed by the Comptroller. If |
24 | | the person requesting the
replacement is in possession of the |
25 | | original warrant, or any part thereof, the
original warrant or |
26 | | the part thereof must accompany the request for
replacement. |
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1 | | The Comptroller shall then draw such replacement warrant, and |
2 | | the
treasurer
shall pay the replacement warrant. If at the time |
3 | | of a loss or destruction
a warrant was negotiated to a third |
4 | | party, however (which fact shall be
ascertained by the oath of |
5 | | the party making the application, or otherwise),
before the |
6 | | replacement warrant is drawn
by the Comptroller, the person |
7 | | requesting the replacement warrant must give
the Comptroller a |
8 | | bond or bonds with sufficient sureties, to be approved
by the |
9 | | Comptroller, when required by regulation of the Comptroller, |
10 | | payable
to the People of the State of Illinois, for the |
11 | | refunding of the
amount, together with all costs and charges, |
12 | | should the State afterwards
be compelled to pay the original |
13 | | warrant.
|
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 |
16 | | changing 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. |
19 | | In addition
to powers and duties otherwise provided by law, the |
20 | | Department shall have the
following powers and duties:
|
21 | | (1) To evaluate all programs, services, and facilities for |
22 | | the aged
and for minority senior citizens within the State and |
23 | | determine the extent
to which present public or private |
24 | | programs, services and facilities meet the
needs of the aged.
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1 | | (2) To coordinate and evaluate all programs, services, and |
2 | | facilities
for the Aging and for minority senior citizens |
3 | | presently furnished by State
agencies and make appropriate |
4 | | recommendations regarding such services, programs
and |
5 | | facilities to the Governor and/or the General Assembly.
|
6 | | (2-a) To request, receive, and share information |
7 | | electronically through the use of data-sharing agreements for |
8 | | the purpose of (i) establishing and verifying the initial and |
9 | | continuing eligibility of older adults to participate in |
10 | | programs administered by the Department; (ii) maximizing |
11 | | federal financial participation in State assistance |
12 | | expenditures; and (iii) investigating allegations of fraud or |
13 | | other abuse of publicly funded benefits. Notwithstanding any |
14 | | other law to the contrary, but only for the limited purposes |
15 | | identified in the preceding sentence, this paragraph (2-a) |
16 | | expressly authorizes the exchanges of income, identification, |
17 | | and other pertinent eligibility information by and among the |
18 | | Department and the Social Security Administration, the |
19 | | Department of Employment Security, the Department of |
20 | | Healthcare and Family Services, the Department of Human |
21 | | Services, the Department of Revenue, the Secretary of State, |
22 | | the U.S. Department of Veterans Affairs, and any other |
23 | | governmental entity. The confidentiality of information |
24 | | otherwise shall be maintained as required by law. In addition, |
25 | | the Department on Aging shall verify employment information at |
26 | | the request of a community care provider for the purpose of |
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1 | | ensuring program integrity under the Community Care Program. |
2 | | (3) To function as the sole State agency to develop a |
3 | | comprehensive
plan to meet the needs of the State's senior |
4 | | citizens and the State's
minority senior citizens.
|
5 | | (4) To receive and disburse State and federal funds made |
6 | | available
directly to the Department including those funds made |
7 | | available under the
Older Americans Act and the Senior |
8 | | Community Service Employment Program for
providing services |
9 | | for senior citizens and minority senior citizens or for
|
10 | | purposes related thereto, and shall develop and administer any |
11 | | State Plan
for the Aging required by federal law.
|
12 | | (5) To solicit, accept, hold, and administer in behalf of |
13 | | the State
any grants or legacies of money, securities, or |
14 | | property to the State of
Illinois for services to senior |
15 | | citizens and minority senior citizens or
purposes related |
16 | | thereto.
|
17 | | (6) To provide consultation and assistance to communities, |
18 | | area agencies
on aging, and groups developing local services |
19 | | for senior citizens and
minority senior citizens.
|
20 | | (7) To promote community education regarding the problems |
21 | | of senior
citizens and minority senior citizens through |
22 | | institutes, publications,
radio, television and the local |
23 | | press.
|
24 | | (8) To cooperate with agencies of the federal government in |
25 | | studies
and conferences designed to examine the needs of senior |
26 | | citizens and minority
senior citizens and to prepare programs |
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1 | | and facilities to meet those needs.
|
2 | | (9) To establish and maintain information and referral |
3 | | sources
throughout the State when not provided by other |
4 | | agencies.
|
5 | | (10) To provide the staff support that may reasonably be |
6 | | required
by the Council.
|
7 | | (11) To make and enforce rules and regulations necessary |
8 | | and proper
to the performance of its duties.
|
9 | | (12) To establish and fund programs or projects or |
10 | | experimental facilities
that are specially designed as |
11 | | alternatives to institutional care.
|
12 | | (13) To develop a training program to train the counselors |
13 | | presently
employed by the Department's aging network to provide |
14 | | Medicare
beneficiaries with counseling and advocacy in |
15 | | Medicare, private health
insurance, and related health care |
16 | | coverage plans. The Department shall
report to the General |
17 | | Assembly on the implementation of the training
program on or |
18 | | before December 1, 1986.
|
19 | | (14) To make a grant to an institution of higher learning |
20 | | to study the
feasibility of establishing and implementing an |
21 | | affirmative action
employment plan for the recruitment, |
22 | | hiring, training and retraining of
persons 60 or more years old |
23 | | for jobs for which their employment would not
be precluded by |
24 | | law.
|
25 | | (15) To present one award annually in each of the |
26 | | categories of community
service, education, the performance |
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1 | | and graphic arts, and the labor force
to outstanding Illinois |
2 | | senior citizens and minority senior citizens in
recognition of |
3 | | their individual contributions to either community service,
|
4 | | education, the performance and graphic arts, or the labor |
5 | | force. The awards
shall be presented to 4 senior citizens and |
6 | | minority senior citizens
selected from a list of 44 nominees |
7 | | compiled annually by
the Department. Nominations shall be |
8 | | solicited from senior citizens'
service providers, area |
9 | | agencies on aging, senior citizens'
centers, and senior |
10 | | citizens' organizations. The Department shall establish a |
11 | | central location within
the State to be designated as the |
12 | | Senior Illinoisans Hall of Fame for the
public display of all |
13 | | the annual awards, or replicas thereof.
|
14 | | (16) To establish multipurpose senior centers through area |
15 | | agencies on
aging and to fund those new and existing |
16 | | multipurpose senior centers
through area agencies on aging, the |
17 | | establishment and funding to begin in
such areas of the State |
18 | | as the Department shall designate by rule and as
specifically |
19 | | appropriated funds become available.
|
20 | | (17) To develop the content and format of the |
21 | | acknowledgment regarding
non-recourse reverse mortgage loans |
22 | | under Section 6.1 of the Illinois
Banking Act; to provide |
23 | | independent consumer information on reverse
mortgages and |
24 | | alternatives; and to refer consumers to independent
counseling |
25 | | services with expertise in reverse mortgages.
|
26 | | (18) To develop a pamphlet in English and Spanish which may |
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1 | | be used by
physicians licensed to practice medicine in all of |
2 | | its branches pursuant
to the Medical Practice Act of 1987, |
3 | | pharmacists licensed pursuant to the
Pharmacy Practice Act, and |
4 | | Illinois residents 65 years of age or
older for the purpose of |
5 | | assisting physicians, pharmacists, and patients in
monitoring |
6 | | prescriptions provided by various physicians and to aid persons
|
7 | | 65 years of age or older in complying with directions for |
8 | | proper use of
pharmaceutical prescriptions. The pamphlet may |
9 | | provide space for recording
information including but not |
10 | | limited 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 |
19 | | with the
Illinois State Medical Society, the Center for |
20 | | Minority Health Services,
the Illinois Pharmacists Association |
21 | | and
senior citizens organizations. The Department shall |
22 | | distribute the
pamphlets to physicians, pharmacists and |
23 | | persons 65 years of age or older
or various senior citizen |
24 | | organizations throughout the State.
|
25 | | (19) To conduct a study of the feasibility of
implementing |
26 | | the Senior Companion Program throughout the State.
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1 | | (20) The reimbursement rates paid through the community |
2 | | care program
for chore housekeeping services and home care |
3 | | aides
shall be the same.
|
4 | | (21) From funds appropriated to the Department from the |
5 | | Meals on Wheels
Fund, a special fund in the State treasury that |
6 | | is hereby created, and in
accordance with State and federal |
7 | | guidelines and the intrastate funding
formula, to make grants |
8 | | to area agencies on aging, designated by the
Department, for |
9 | | the sole purpose of delivering meals to homebound persons 60
|
10 | | years of age and older.
|
11 | | (22) To distribute, through its area agencies on aging, |
12 | | information
alerting seniors on safety issues regarding |
13 | | emergency weather
conditions, including extreme heat and cold, |
14 | | flooding, tornadoes, electrical
storms, and other severe storm |
15 | | weather. The information shall include all
necessary |
16 | | instructions for safety and all emergency telephone numbers of
|
17 | | organizations that will provide additional information and |
18 | | assistance.
|
19 | | (23) To develop guidelines for the organization and |
20 | | implementation of
Volunteer Services Credit Programs to be |
21 | | administered by Area Agencies on
Aging or community based |
22 | | senior service organizations. The Department shall
hold public |
23 | | hearings on the proposed guidelines for public comment, |
24 | | suggestion,
and determination of public interest. The |
25 | | guidelines shall be based on the
findings of other states and |
26 | | of community organizations in Illinois that are
currently |
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1 | | operating volunteer services credit programs or demonstration
|
2 | | volunteer services credit programs. The Department shall offer |
3 | | guidelines for
all aspects of the programs including, but not |
4 | | limited 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.
|
22 | | The Department shall submit a written copy of the guidelines to |
23 | | the General
Assembly by July 1, 1998.
|
24 | | (24) To function as the sole State agency to receive and |
25 | | disburse State and federal funds for providing adult protective |
26 | | services in a domestic living situation in accordance with the |
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1 | | Adult Protective Services Act. |
2 | | (25) (24) To hold conferences, trainings, and other |
3 | | programs for which the Department shall determine by rule a |
4 | | reasonable fee to cover related administrative costs. Rules to |
5 | | implement the fee authority granted by this paragraph (25) (24) |
6 | | must be adopted in accordance with all provisions of the |
7 | | Illinois Administrative Procedure Act and all rules and |
8 | | procedures of the Joint Committee on Administrative Rules; any |
9 | | purported rule not so adopted, for whatever reason, is |
10 | | unauthorized. |
11 | | (Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380, |
12 | | eff. 8-16-13; revised 9-4-13.)
|
13 | | Section 60. The Department of Central Management Services |
14 | | Law of the
Civil Administrative Code of Illinois is amended by |
15 | | changing 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 |
18 | | employees. The
Department shall develop and implement plans to
|
19 | | increase the number of Hispanics employed by State government |
20 | | and the
number of bilingual persons employed in State |
21 | | government at supervisory,
technical, professional, and |
22 | | managerial levels.
|
23 | | The Department shall prepare and revise annually a State |
24 | | Hispanic Employment Plan and a State Asian-American Employment |
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1 | | Plan in consultation with individuals and organizations |
2 | | informed on these subjects, including the Hispanic Employment |
3 | | Plan Advisory Council and the Asian-American Employment Plan |
4 | | Advisory Council. The Department shall report to the General |
5 | | Assembly by February 1 of each year each State agency's |
6 | | activities in implementing the State Hispanic Employment Plan |
7 | | and the State Asian-American Employment Plan. |
8 | | (Source: P.A. 97-856, eff. 7-27-12; 98-329, eff. 1-1-14; |
9 | | revised 10-8-13.)
|
10 | | (20 ILCS 405/405-335) |
11 | | Sec. 405-335. Illinois Transparency and Accountability |
12 | | Portal (ITAP).
|
13 | | (a) The Department, within 12 months after the effective |
14 | | date of this amendatory Act of the 96th General Assembly, shall |
15 | | establish and maintain a website, known as the Illinois |
16 | | Transparency and Accountability Portal (ITAP), with a |
17 | | full-time webmaster tasked with compiling and updating the ITAP |
18 | | database with information received from all State agencies as |
19 | | defined in this Section. Subject to appropriation, the |
20 | | full-time webmaster must also compile and update the ITAP |
21 | | database with information received from all counties, |
22 | | townships, library districts, and municipalities. |
23 | | (b) For purposes of this Section: |
24 | | "State agency" means the offices of the constitutional |
25 | | officers identified in Article V of the Illinois Constitution, |
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1 | | executive agencies, and departments, boards, commissions, and |
2 | | Authorities under the Governor. |
3 | | "Contracts" means payment obligations with vendors on file |
4 | | with the Office of the Comptroller to purchase goods and |
5 | | services exceeding $10,000 in value (or, in the case of |
6 | | professional or artistic services, exceeding $5,000 in value). |
7 | | "Appropriation" means line-item detail of spending |
8 | | approved by the General Assembly and Governor, categorized by |
9 | | object of expenditure. |
10 | | "Individual consultants" means temporary workers eligible |
11 | | to receive State benefits paid on a State payroll. |
12 | | "Recipients" means State agencies receiving |
13 | | appropriations. |
14 | | (c) The ITAP shall provide direct access to each of the |
15 | | following: |
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. |
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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 |
4 | | published by subsection (c) of this Section that is available |
5 | | to the Department in a format the Department can compile and |
6 | | publish on the ITAP. The Department shall update the ITAP as |
7 | | additional information becomes available in a format that can |
8 | | be compiled and published on the ITAP by the Department. |
9 | | (e) Each State agency, county, township, library district, |
10 | | and municipality shall cooperate with the Department in |
11 | | furnishing the information necessary for the implementation of |
12 | | this Section within a timeframe specified by the Department. |
13 | | (f) Each county, township, library district, or |
14 | | municipality submitting information to be displayed on the |
15 | | Illinois Transparency and Accountability Portal (ITAP) is |
16 | | responsible 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 |
19 | | of the 98th General Assembly , shall distribute a spreadsheet or |
20 | | otherwise make data entry available to each State agency to |
21 | | facilitate the collection of data on the State's annual |
22 | | workforce characteristics, workforce compensation, and |
23 | | employee mobility. The Department shall determine the data to |
24 | | be collected by each State agency. Each State agency shall |
25 | | cooperate with the Department in furnishing the data necessary |
26 | | for the implementation of this subsection within the timeframe |
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1 | | specified by the Department. The Department shall publish the |
2 | | data received from each State agency on the ITAP or another |
3 | | open data site annually. |
4 | | (Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283, |
5 | | eff. 1-1-14; revised 9-4-13.)
|
6 | | Section 65. The Children and Family Services Act is amended |
7 | | by changing Section 5 as follows:
|
8 | | (20 ILCS 505/5) (from Ch. 23, par. 5005)
|
9 | | Sec. 5. Direct child welfare services; Department of |
10 | | Children and Family
Services. To provide direct child welfare |
11 | | services when not available
through other public or private |
12 | | child 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 |
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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 |
13 | | the
expenditure of public funds for the purpose of performing |
14 | | abortions.
|
15 | | (c) The Department shall establish and maintain |
16 | | tax-supported child
welfare services and extend and seek to |
17 | | improve voluntary services
throughout the State, to the end |
18 | | that services and care shall be available
on an equal basis |
19 | | throughout the State to children requiring such services.
|
20 | | (d) The Director may authorize advance disbursements for |
21 | | any new program
initiative to any agency contracting with the |
22 | | Department. As a
prerequisite for an advance disbursement, the |
23 | | contractor must post a
surety bond in the amount of the advance |
24 | | disbursement and have a
purchase of service contract approved |
25 | | by the Department. The Department
may pay up to 2 months |
26 | | operational expenses in advance. The amount of the
advance |
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1 | | disbursement shall be prorated over the life of the contract
or |
2 | | the remaining months of the fiscal year, whichever is less, and |
3 | | the
installment amount shall then be deducted from future |
4 | | bills. Advance
disbursement authorizations for new initiatives |
5 | | shall not be made to any
agency after that agency has operated |
6 | | during 2 consecutive fiscal years.
The requirements of this |
7 | | Section concerning advance disbursements shall
not apply with |
8 | | respect to the following: payments to local public agencies
for |
9 | | child day care services as authorized by Section 5a of this |
10 | | Act; and
youth service programs receiving grant funds under |
11 | | Section 17a-4.
|
12 | | (e) (Blank).
|
13 | | (f) (Blank).
|
14 | | (g) The Department shall establish rules and regulations |
15 | | concerning
its operation of programs designed to meet the goals |
16 | | of child safety and
protection,
family preservation, family |
17 | | reunification, 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 |
6 | | include
provisions for training Department staff and the staff |
7 | | of Department
grantees, through contracts with other agencies |
8 | | or resources, in alcohol
and drug abuse screening techniques |
9 | | approved by the Department of Human
Services, as a successor to |
10 | | the Department of Alcoholism and Substance Abuse,
for the |
11 | | purpose of identifying children and adults who
should be |
12 | | referred to an alcohol and drug abuse treatment program for
|
13 | | professional evaluation.
|
14 | | (h) If the Department finds that there is no appropriate |
15 | | program or
facility within or available to the Department for a |
16 | | ward and that no
licensed private facility has an adequate and |
17 | | appropriate program or none
agrees to accept the ward, the |
18 | | Department shall create an appropriate
individualized, |
19 | | program-oriented plan for such ward. The
plan may be developed |
20 | | within the Department or through purchase of services
by the |
21 | | Department to the extent that it is within its statutory |
22 | | authority
to do.
|
23 | | (i) Service programs shall be available throughout the |
24 | | State and shall
include but not be limited to the following |
25 | | services:
|
26 | | (1) case management;
|
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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 |
7 | | to 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 |
13 | | services it
makes available to children or families or for |
14 | | which it refers children
or families.
|
15 | | (j) The Department may provide categories of financial |
16 | | assistance and
education assistance grants, and shall
|
17 | | establish rules and regulations concerning the assistance and |
18 | | grants, to
persons who
adopt physically or mentally |
19 | | handicapped, older and other hard-to-place
children who (i) |
20 | | immediately prior to their adoption were legal wards of
the |
21 | | Department
or (ii) were determined eligible for financial |
22 | | assistance with respect to a
prior adoption and who become |
23 | | available for adoption because the
prior adoption has been |
24 | | dissolved and the parental rights of the adoptive
parents have |
25 | | been
terminated or because the child's adoptive parents have |
26 | | died.
The Department may continue to provide financial |
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1 | | assistance and education assistance grants for a child who was |
2 | | determined eligible for financial assistance under this |
3 | | subsection (j) in the interim period beginning when the child's |
4 | | adoptive parents died and ending with the finalization of the |
5 | | new adoption of the child by another adoptive parent or |
6 | | parents. The Department may also provide categories of |
7 | | financial
assistance and education assistance grants, and
|
8 | | shall establish rules and regulations for the assistance and |
9 | | grants, to persons
appointed guardian of the person under |
10 | | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, |
11 | | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children |
12 | | who were wards of the Department for 12 months immediately
|
13 | | prior to the appointment of the guardian.
|
14 | | The amount of assistance may vary, depending upon the needs |
15 | | of the child
and the adoptive parents,
as set forth in the |
16 | | annual
assistance agreement. Special purpose grants are |
17 | | allowed where the child
requires special service but such costs |
18 | | may not exceed the amounts
which similar services would cost |
19 | | the Department if it were to provide or
secure them as guardian |
20 | | of the child.
|
21 | | Any financial assistance provided under this subsection is
|
22 | | inalienable by assignment, sale, execution, attachment, |
23 | | garnishment, or any
other remedy for recovery or collection of |
24 | | a judgment or debt.
|
25 | | (j-5) The Department shall not deny or delay the placement |
26 | | of a child for
adoption
if an approved family is available |
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1 | | either outside of the Department region
handling the case,
or |
2 | | outside of the State of Illinois.
|
3 | | (k) The Department shall accept for care and training any |
4 | | child who has
been adjudicated neglected or abused, or |
5 | | dependent committed to it pursuant
to the Juvenile Court Act or |
6 | | the Juvenile Court Act of 1987.
|
7 | | (l) The Department shall
offer family preservation |
8 | | services, as defined in Section 8.2 of the Abused
and
Neglected |
9 | | Child
Reporting Act, to help families, including adoptive and |
10 | | extended families.
Family preservation
services shall be |
11 | | offered (i) to prevent the
placement
of children in
substitute |
12 | | care when the children can be cared for at home or in the |
13 | | custody of
the person
responsible for the children's welfare,
|
14 | | (ii) to
reunite children with their families, or (iii) to
|
15 | | maintain an adoptive placement. Family preservation services |
16 | | shall only be
offered when doing so will not endanger the |
17 | | children's health or safety. With
respect to children who are |
18 | | in substitute care pursuant to the Juvenile Court
Act of 1987, |
19 | | family preservation services shall not be offered if a goal |
20 | | other
than those of subdivisions (A), (B), or (B-1) of |
21 | | subsection (2) of Section 2-28
of
that Act has been set.
|
22 | | Nothing in this paragraph shall be construed to create a |
23 | | private right of
action or claim on the part of any individual |
24 | | or child welfare agency, except that when a child is the |
25 | | subject of an action under Article II of the Juvenile Court Act |
26 | | of 1987 and the child's service plan calls for services to |
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1 | | facilitate achievement of the permanency goal, the court |
2 | | hearing the action under Article II of the Juvenile Court Act |
3 | | of 1987 may order the Department to provide the services set |
4 | | out in the plan, if those services are not provided with |
5 | | reasonable promptness and if those services are available.
|
6 | | The Department shall notify the child and his family of the
|
7 | | Department's
responsibility to offer and provide family |
8 | | preservation services as
identified in the service plan. The |
9 | | child and his family shall be eligible
for services as soon as |
10 | | the report is determined to be "indicated". The
Department may |
11 | | offer services to any child or family with respect to whom a
|
12 | | report of suspected child abuse or neglect has been filed, |
13 | | prior to
concluding its investigation under Section 7.12 of the |
14 | | Abused and Neglected
Child Reporting Act. However, the child's |
15 | | or family's willingness to
accept services shall not be |
16 | | considered in the investigation. The
Department may also |
17 | | provide services to any child or family who is the
subject of |
18 | | any report of suspected child abuse or neglect or may refer |
19 | | such
child or family to services available from other agencies |
20 | | in the community,
even if the report is determined to be |
21 | | unfounded, if the conditions in the
child's or family's home |
22 | | are reasonably likely to subject the child or
family to future |
23 | | reports of suspected child abuse or neglect. Acceptance
of such |
24 | | services shall be voluntary. The Department may also provide |
25 | | services to any child or family after completion of a family |
26 | | assessment, as an alternative to an investigation, as provided |
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1 | | under the "differential response program" provided for in |
2 | | subsection (a-5) of Section 7.4 of the Abused and Neglected |
3 | | Child Reporting Act.
|
4 | | The Department may, at its discretion except for those |
5 | | children also
adjudicated neglected or dependent, accept for |
6 | | care and training any child
who has been adjudicated addicted, |
7 | | as a truant minor in need of
supervision or as a minor |
8 | | requiring authoritative intervention, under the
Juvenile Court |
9 | | Act or the Juvenile Court Act of 1987, but no such child
shall |
10 | | be committed to the Department by any court without the |
11 | | approval of
the Department. A minor charged with a criminal |
12 | | offense under the Criminal
Code of 1961 or the Criminal Code of |
13 | | 2012 or adjudicated delinquent shall not be placed in the |
14 | | custody of or
committed to the Department by any court, except |
15 | | (i) a minor less than 15 years
of age committed to the |
16 | | Department under Section 5-710 of the Juvenile Court
Act
of |
17 | | 1987, (ii) a minor for whom an independent basis of abuse, |
18 | | neglect, or dependency exists, which must be defined by |
19 | | departmental rule, or (iii) a minor for whom the court has |
20 | | granted a supplemental petition to reinstate wardship pursuant |
21 | | to subsection (2) of Section 2-33 of the Juvenile Court Act of |
22 | | 1987. An independent basis exists when the allegations or |
23 | | adjudication of abuse, neglect, or dependency do not arise from |
24 | | the same facts, incident, or circumstances which give rise to a |
25 | | charge or adjudication of delinquency.
|
26 | | As soon as is possible after August 7, 2009 (the effective |
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1 | | date of Public Act 96-134), the Department shall develop and |
2 | | implement a special program of family preservation services to |
3 | | support intact, foster, and adoptive families who are |
4 | | experiencing extreme hardships due to the difficulty and stress |
5 | | of caring for a child who has been diagnosed with a pervasive |
6 | | developmental disorder if the Department determines that those |
7 | | services are necessary to ensure the health and safety of the |
8 | | child. The Department may offer services to any family whether |
9 | | or not a report has been filed under the Abused and Neglected |
10 | | Child Reporting Act. The Department may refer the child or |
11 | | family to services available from other agencies in the |
12 | | community if the conditions in the child's or family's home are |
13 | | reasonably likely to subject the child or family to future |
14 | | reports of suspected child abuse or neglect. Acceptance of |
15 | | these services shall be voluntary. The Department shall develop |
16 | | and implement a public information campaign to alert health and |
17 | | social service providers and the general public about these |
18 | | special family preservation services. The nature and scope of |
19 | | the services offered and the number of families served under |
20 | | the special program implemented under this paragraph shall be |
21 | | determined by the level of funding that the Department annually |
22 | | allocates for this purpose. The term "pervasive developmental |
23 | | disorder" under this paragraph means a neurological condition, |
24 | | including but not limited to, Asperger's Syndrome and autism, |
25 | | as defined in the most recent edition of the Diagnostic and |
26 | | Statistical Manual of Mental Disorders of the American |
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1 | | Psychiatric Association. |
2 | | (l-1) The legislature recognizes that the best interests of |
3 | | the child
require that
the child be placed in the most |
4 | | permanent living arrangement as soon as is
practically
|
5 | | possible. To achieve this goal, the legislature directs the |
6 | | Department of
Children and
Family Services to conduct |
7 | | concurrent planning so that permanency may occur at
the
|
8 | | earliest opportunity. Permanent living arrangements may |
9 | | include prevention of
placement of a child outside the home of |
10 | | the family when the child can be cared
for at
home without |
11 | | endangering the child's health or safety; reunification with |
12 | | the
family,
when safe and appropriate, if temporary placement |
13 | | is necessary; or movement of
the child
toward the most |
14 | | permanent living arrangement and permanent legal status.
|
15 | | When determining reasonable efforts to be made with respect |
16 | | to a child, as
described in this
subsection, and in making such |
17 | | reasonable efforts, the child's health and
safety shall be the
|
18 | | paramount concern.
|
19 | | When a child is placed in foster care, the Department shall |
20 | | ensure and
document that reasonable efforts were made to |
21 | | prevent or eliminate the need to
remove the child from the |
22 | | child's home. The Department must make
reasonable efforts to |
23 | | reunify the family when temporary placement of the child
occurs
|
24 | | unless otherwise required, pursuant to the Juvenile Court Act |
25 | | of 1987.
At any time after the dispositional hearing where the |
26 | | Department believes
that further reunification services would |
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1 | | be ineffective, it may request a
finding from the court that |
2 | | reasonable efforts are no longer appropriate. The
Department is |
3 | | not required to provide further reunification services after |
4 | | such
a
finding.
|
5 | | A decision to place a child in substitute care shall be |
6 | | made with
considerations of the child's health, safety, and |
7 | | best interests. At the
time of placement, consideration should |
8 | | also be given so that if reunification
fails or is delayed, the |
9 | | placement made is the best available placement to
provide |
10 | | permanency for the child.
|
11 | | The Department shall adopt rules addressing concurrent |
12 | | planning for
reunification and permanency. The Department |
13 | | shall consider the following
factors when determining |
14 | | appropriateness 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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1 | | child 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.
|
9 | | If the child is found in his or her residence without a parent, |
10 | | guardian,
custodian or responsible caretaker, the Department |
11 | | may, instead of removing
the child and assuming temporary |
12 | | custody, place an authorized
representative of the Department |
13 | | in that residence until such time as a
parent, guardian or |
14 | | custodian enters the home and expresses a willingness
and |
15 | | apparent ability to ensure the child's health and safety and |
16 | | resume
permanent
charge of the child, or until a
relative |
17 | | enters the home and is willing and able to ensure the child's |
18 | | health
and
safety and assume charge of the
child until a |
19 | | parent, guardian or custodian enters the home and expresses
|
20 | | such willingness and ability to ensure the child's safety and |
21 | | resume
permanent charge. After a caretaker has remained in the |
22 | | home for a period not
to exceed 12 hours, the Department must |
23 | | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or |
24 | | 5-415 of the Juvenile Court Act
of 1987.
|
25 | | The Department shall have the authority, responsibilities |
26 | | and duties that
a legal custodian of the child would have |
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1 | | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court |
2 | | Act of 1987. Whenever a child is taken
into temporary custody |
3 | | pursuant to an investigation under the Abused and
Neglected |
4 | | Child Reporting Act, or pursuant to a referral and acceptance
|
5 | | under the Juvenile Court Act of 1987 of a minor in limited |
6 | | custody, the
Department, during the period of temporary custody |
7 | | and before the child
is brought before a judicial officer as |
8 | | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile |
9 | | Court Act of 1987, shall have
the authority, responsibilities |
10 | | and duties that a legal custodian of the child
would have under |
11 | | subsection (9) of Section 1-3 of the Juvenile Court Act of
|
12 | | 1987.
|
13 | | The Department shall ensure that any child taken into |
14 | | custody
is scheduled for an appointment for a medical |
15 | | examination.
|
16 | | A parent, guardian or custodian of a child in the temporary |
17 | | custody of the
Department who would have custody of the child |
18 | | if he were not in the
temporary custody of the Department may |
19 | | deliver to the Department a signed
request that the Department |
20 | | surrender the temporary custody of the child.
The Department |
21 | | may retain temporary custody of the child for 10 days after
the |
22 | | receipt of the request, during which period the Department may |
23 | | cause to
be filed a petition pursuant to the Juvenile Court Act |
24 | | of 1987. If a
petition is so filed, the Department shall retain |
25 | | temporary custody of the
child until the court orders |
26 | | otherwise. If a petition is not filed within
the 10 day period, |
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1 | | the child shall be surrendered to the custody of the
requesting |
2 | | parent, guardian or custodian not later than the expiration of
|
3 | | the 10 day period, at which time the authority and duties of |
4 | | the Department
with respect to the temporary custody of the |
5 | | child shall terminate.
|
6 | | (m-1) The Department may place children under 18 years of |
7 | | age in a secure
child care facility licensed by the Department |
8 | | that cares for children who are
in need of secure living |
9 | | arrangements for their health, safety, and well-being
after a |
10 | | determination is made by the facility director and the Director |
11 | | or the
Director's designate prior to admission to the facility |
12 | | subject to Section
2-27.1 of the Juvenile Court Act of 1987. |
13 | | This subsection (m-1) does not apply
to a child who is subject |
14 | | to placement in a correctional facility operated
pursuant to |
15 | | Section 3-15-2 of the Unified Code of Corrections, unless the
|
16 | | child is a ward who was placed under the care of the Department |
17 | | before being
subject to placement in a correctional facility |
18 | | and a court of competent
jurisdiction has ordered placement of |
19 | | the child in a secure care facility.
|
20 | | (n) The Department may place children under 18 years of age |
21 | | in
licensed child care facilities when in the opinion of the |
22 | | Department,
appropriate services aimed at family preservation |
23 | | have been unsuccessful and
cannot ensure the child's health and |
24 | | safety or are unavailable and such
placement would be for their |
25 | | best interest. Payment
for board, clothing, care, training and |
26 | | supervision of any child placed in
a licensed child care |
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1 | | facility may be made by the Department, by the
parents or |
2 | | guardians of the estates of those children, or by both the
|
3 | | Department and the parents or guardians, except that no |
4 | | payments shall be
made by the Department for any child placed |
5 | | in a licensed child care
facility for board, clothing, care, |
6 | | training and supervision of such a
child that exceed the |
7 | | average per capita cost of maintaining and of caring
for a |
8 | | child in institutions for dependent or neglected children |
9 | | operated by
the Department. However, such restriction on |
10 | | payments does not apply in
cases where children require |
11 | | specialized care and treatment for problems of
severe emotional |
12 | | disturbance, physical disability, social adjustment, or
any |
13 | | combination thereof and suitable facilities for the placement |
14 | | of such
children are not available at payment rates within the |
15 | | limitations set
forth in this Section. All reimbursements for |
16 | | services delivered shall be
absolutely inalienable by |
17 | | assignment, sale, attachment, garnishment or
otherwise.
|
18 | | (n-1) The Department shall provide or authorize child |
19 | | welfare services, aimed at assisting minors to achieve |
20 | | sustainable self-sufficiency as independent adults, for any |
21 | | minor eligible for the reinstatement of wardship pursuant to |
22 | | subsection (2) of Section 2-33 of the Juvenile Court Act of |
23 | | 1987, whether or not such reinstatement is sought or allowed, |
24 | | provided that the minor consents to such services and has not |
25 | | yet attained the age of 21. The Department shall have |
26 | | responsibility for the development and delivery of services |
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1 | | under this Section. An eligible youth may access services under |
2 | | this Section through the Department of Children and Family |
3 | | Services or by referral from the Department of Human Services. |
4 | | Youth participating in services under this Section shall |
5 | | cooperate with the assigned case manager in developing an |
6 | | agreement identifying the services to be provided and how the |
7 | | youth will increase skills to achieve self-sufficiency. A |
8 | | homeless shelter is not considered appropriate housing for any |
9 | | youth receiving child welfare services under this Section. The |
10 | | Department shall continue child welfare services under this |
11 | | Section to any eligible minor until the minor becomes 21 years |
12 | | of age, no longer consents to participate, or achieves |
13 | | self-sufficiency as identified in the minor's service plan. The |
14 | | Department of Children and Family Services shall create clear, |
15 | | readable notice of the rights of former foster youth to child |
16 | | welfare services under this Section and how such services may |
17 | | be obtained. The Department of Children and Family Services and |
18 | | the Department of Human Services shall disseminate this |
19 | | information statewide. The Department shall adopt regulations |
20 | | describing services intended to assist minors in achieving |
21 | | sustainable self-sufficiency as independent adults. |
22 | | (o) The Department shall establish an administrative |
23 | | review and appeal
process for children and families who request |
24 | | or receive child welfare
services from the Department. Children |
25 | | who are wards of the Department and
are placed by private child |
26 | | welfare agencies, and foster families with whom
those children |
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1 | | are placed, shall be afforded the same procedural and appeal
|
2 | | rights as children and families in the case of placement by the |
3 | | Department,
including the right to an initial review of a |
4 | | private agency decision by
that agency. The Department shall |
5 | | insure that any private child welfare
agency, which accepts |
6 | | wards of the Department for placement, affords those
rights to |
7 | | children and foster families. The Department shall accept for
|
8 | | administrative review and an appeal hearing a complaint made by |
9 | | (i) a child
or foster family concerning a decision following an |
10 | | initial review by a
private child welfare agency or (ii) a |
11 | | prospective adoptive parent who alleges
a violation of |
12 | | subsection (j-5) of this Section. An appeal of a decision
|
13 | | concerning a change in the placement of a child shall be |
14 | | conducted in an
expedited manner. A court determination that a |
15 | | current foster home placement is necessary and appropriate |
16 | | under Section 2-28 of the Juvenile Court Act of 1987 does not |
17 | | constitute a judicial determination on the merits of an |
18 | | administrative appeal, filed by a former foster parent, |
19 | | involving a change of placement decision.
|
20 | | (p) There is hereby created the Department of Children and |
21 | | Family
Services Emergency Assistance Fund from which the |
22 | | Department may provide
special financial assistance to |
23 | | families which are in economic crisis when
such assistance is |
24 | | not available through other public or private sources
and the |
25 | | assistance is deemed necessary to prevent dissolution of the |
26 | | family
unit or to reunite families which have been separated |
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1 | | due to child abuse and
neglect. The Department shall establish |
2 | | administrative rules specifying
the criteria for determining |
3 | | eligibility for and the amount and nature of
assistance to be |
4 | | provided. The Department may also enter into written
agreements |
5 | | with private and public social service agencies to provide
|
6 | | emergency financial services to families referred by the |
7 | | Department.
Special financial assistance payments shall be |
8 | | available to a family no
more than once during each fiscal year |
9 | | and the total payments to a
family may not exceed $500 during a |
10 | | fiscal year.
|
11 | | (q) The Department may receive and use, in their entirety, |
12 | | for the
benefit of children any gift, donation or bequest of |
13 | | money or other
property which is received on behalf of such |
14 | | children, or any financial
benefits to which such children are |
15 | | or may become entitled while under
the jurisdiction or care of |
16 | | the Department.
|
17 | | The Department shall set up and administer no-cost, |
18 | | interest-bearing accounts in appropriate financial |
19 | | institutions
for children for whom the Department is legally |
20 | | responsible and who have been
determined eligible for Veterans' |
21 | | Benefits, Social Security benefits,
assistance allotments from |
22 | | the armed forces, court ordered payments, parental
voluntary |
23 | | payments, Supplemental Security Income, Railroad Retirement
|
24 | | payments, Black Lung benefits, or other miscellaneous |
25 | | payments. Interest
earned by each account shall be credited to |
26 | | the account, unless
disbursed in accordance with this |
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1 | | subsection.
|
2 | | In disbursing funds from children's accounts, the |
3 | | Department
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 |
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1 | | encouraging all adoption
agencies to voluntarily forward to the |
2 | | Department or its agent names and
addresses of all persons who |
3 | | have applied for and have been approved for
adoption of a |
4 | | hard-to-place or handicapped child and the names of such
|
5 | | children who have not been placed for adoption. A list of such |
6 | | names and
addresses shall be maintained by the Department or |
7 | | its agent, and coded
lists which maintain the confidentiality |
8 | | of the person seeking to adopt the
child and of the child shall |
9 | | be made available, without charge, to every
adoption agency in |
10 | | the State to assist the agencies in placing such
children for |
11 | | adoption. The Department may delegate to an agent its duty to
|
12 | | maintain and make available such lists. The Department shall |
13 | | ensure that
such agent maintains the confidentiality of the |
14 | | person seeking to adopt the
child and of the child.
|
15 | | (s) The Department of Children and Family Services may |
16 | | establish and
implement a program to reimburse Department and |
17 | | private child welfare
agency foster parents licensed by the |
18 | | Department of Children and Family
Services for damages |
19 | | sustained by the foster parents as a result of the
malicious or |
20 | | negligent acts of foster children, as well as providing third
|
21 | | party coverage for such foster parents with regard to actions |
22 | | of foster
children to other individuals. Such coverage will be |
23 | | secondary to the
foster parent liability insurance policy, if |
24 | | applicable. The program shall
be funded through appropriations |
25 | | from the General Revenue Fund,
specifically designated for such |
26 | | purposes.
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1 | | (t) The Department shall perform home studies and |
2 | | investigations and
shall exercise supervision over visitation |
3 | | as ordered by a court pursuant
to the Illinois Marriage and |
4 | | Dissolution 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 |
13 | | court of the
specific arrangements for supervised visitation |
14 | | and projected monthly costs
within 60 days of the court order. |
15 | | The Department shall send to the court
information related to |
16 | | the costs incurred except in cases where the court
has |
17 | | determined the parties are financially unable to pay. The court |
18 | | may
order additional periodic reports as appropriate.
|
19 | | (u) In addition to other information that must be provided, |
20 | | whenever the Department places a child with a prospective |
21 | | adoptive parent or parents or in a licensed foster home,
group |
22 | | home, child care institution, or in a relative home, the |
23 | | Department
shall provide to the prospective adoptive parent or |
24 | | parents or other caretaker:
|
25 | | (1) available detailed information concerning the |
26 | | child's educational
and health history, copies of |
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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 |
13 | | behavioral
information (including, but not limited to, |
14 | | criminal background, fire
setting, perpetuation of
sexual |
15 | | abuse, destructive behavior, and substance abuse) necessary to |
16 | | care
for and safeguard the children to be placed or currently |
17 | | in the home. The Department may prepare a written summary of |
18 | | the information required by this paragraph, which may be |
19 | | provided to the foster or prospective adoptive parent in |
20 | | advance of a placement. The foster or prospective adoptive |
21 | | parent may review the supporting documents in the child's file |
22 | | in the presence of casework staff. In the case of an emergency |
23 | | placement, casework staff shall at least provide known |
24 | | information verbally, if necessary, and must subsequently |
25 | | provide the information in writing as required by this |
26 | | subsection.
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1 | | The information described in this subsection shall be |
2 | | provided in writing. In the case of emergency placements when |
3 | | time does not allow prior review, preparation, and collection |
4 | | of written information, the Department shall provide such |
5 | | information as it becomes available. Within 10 business days |
6 | | after placement, the Department shall obtain from the |
7 | | prospective adoptive parent or parents or other caretaker a |
8 | | signed verification of receipt of the information provided. |
9 | | Within 10 business days after placement, the Department shall |
10 | | provide to the child's guardian ad litem a copy of the |
11 | | information provided to the prospective adoptive parent or |
12 | | parents or other caretaker. The information provided to the |
13 | | prospective adoptive parent or parents or other caretaker shall |
14 | | be reviewed and approved regarding accuracy at the supervisory |
15 | | level.
|
16 | | (u-5) Effective July 1, 1995, only foster care placements |
17 | | licensed as
foster family homes pursuant to the Child Care Act |
18 | | of 1969 shall be eligible to
receive foster care payments from |
19 | | the Department.
Relative caregivers who, as of July 1, 1995, |
20 | | were approved pursuant to approved
relative placement rules |
21 | | previously promulgated by the Department at 89 Ill.
Adm. Code |
22 | | 335 and had submitted an application for licensure as a foster |
23 | | family
home may continue to receive foster care payments only |
24 | | until the Department
determines that they may be licensed as a |
25 | | foster family home or that their
application for licensure is |
26 | | denied or until September 30, 1995, whichever
occurs first.
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1 | | (v) The Department shall access criminal history record |
2 | | information
as defined in the Illinois Uniform Conviction |
3 | | Information Act and information
maintained in the adjudicatory |
4 | | and dispositional record system as defined in
Section 2605-355 |
5 | | of the
Department of State Police Law (20 ILCS 2605/2605-355)
|
6 | | if the Department determines the information is necessary to |
7 | | perform its duties
under the Abused and Neglected Child |
8 | | Reporting Act, the Child Care Act of 1969,
and the Children and |
9 | | Family Services Act. The Department shall provide for
|
10 | | interactive computerized communication and processing |
11 | | equipment that permits
direct on-line communication with the |
12 | | Department of State Police's central
criminal history data |
13 | | repository. The Department shall comply with all
certification |
14 | | requirements and provide certified operators who have been
|
15 | | trained by personnel from the Department of State Police. In |
16 | | addition, one
Office of the Inspector General investigator |
17 | | shall have training in the use of
the criminal history |
18 | | information access system and have
access to the terminal. The |
19 | | Department of Children and Family Services and its
employees |
20 | | shall abide by rules and regulations established by the |
21 | | Department of
State Police relating to the access and |
22 | | dissemination of
this information.
|
23 | | (v-1) Prior to final approval for placement of a child, the |
24 | | Department shall conduct a criminal records background check of |
25 | | the prospective foster or adoptive parent, including |
26 | | fingerprint-based checks of national crime information |
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1 | | databases. Final approval for placement shall not be granted if |
2 | | the record check reveals a felony conviction for child abuse or |
3 | | neglect, for spousal abuse, for a crime against children, or |
4 | | for a crime involving violence, including rape, sexual assault, |
5 | | or homicide, but not including other physical assault or |
6 | | battery, or if there is a felony conviction for physical |
7 | | assault, battery, or a drug-related offense committed within |
8 | | the past 5 years. |
9 | | (v-2) Prior to final approval for placement of a child, the |
10 | | Department shall check its child abuse and neglect registry for |
11 | | information concerning prospective foster and adoptive |
12 | | parents, and any adult living in the home. If any prospective |
13 | | foster or adoptive parent or other adult living in the home has |
14 | | resided in another state in the preceding 5 years, the |
15 | | Department shall request a check of that other state's child |
16 | | abuse and neglect registry.
|
17 | | (w) Within 120 days of August 20, 1995 (the effective date |
18 | | of Public Act
89-392), the Department shall prepare and submit |
19 | | to the Governor and the
General Assembly, a written plan for |
20 | | the development of in-state licensed
secure child care |
21 | | facilities that care for children who are in need of secure
|
22 | | living
arrangements for their health, safety, and well-being. |
23 | | For purposes of this
subsection, secure care facility shall |
24 | | mean a facility that is designed and
operated to ensure that |
25 | | all entrances and exits from the facility, a building
or a |
26 | | distinct part of the building, are under the exclusive control |
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1 | | of the
staff of the facility, whether or not the child has the |
2 | | freedom of movement
within the perimeter of the facility, |
3 | | building, or distinct part of the
building. The plan shall |
4 | | include descriptions of the types of facilities that
are needed |
5 | | in Illinois; the cost of developing these secure care |
6 | | facilities;
the estimated number of placements; the potential |
7 | | cost savings resulting from
the movement of children currently |
8 | | out-of-state who are projected to be
returned to Illinois; the |
9 | | necessary geographic distribution of these
facilities in |
10 | | Illinois; and a proposed timetable for development of such
|
11 | | facilities. |
12 | | (x) The Department shall conduct annual credit history |
13 | | checks to determine the financial history of children placed |
14 | | under its guardianship pursuant to the Juvenile Court Act of |
15 | | 1987. The Department shall conduct such credit checks starting |
16 | | when a ward turns 12 years old and each year thereafter for the |
17 | | duration of the guardianship as terminated pursuant to the |
18 | | Juvenile Court Act of 1987. The Department shall determine if |
19 | | financial exploitation of the child's personal information has |
20 | | occurred. If financial exploitation appears to have taken place |
21 | | or is presently ongoing, the Department shall notify the proper |
22 | | law enforcement agency, the proper State's Attorney, or the |
23 | | Attorney General. |
24 | | (y) Beginning on the effective date of this amendatory Act |
25 | | of the 96th General Assembly, a child with a disability who |
26 | | receives residential and educational services from the |
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1 | | Department shall be eligible to receive transition services in |
2 | | accordance with Article 14 of the School Code from the age of |
3 | | 14.5 through age 21, inclusive, notwithstanding the child's |
4 | | residential services arrangement. For purposes of this |
5 | | subsection, "child with a disability" means a child with a |
6 | | disability as defined by the federal Individuals with |
7 | | Disabilities Education Improvement Act of 2004. |
8 | | (z) The Department shall access criminal history record |
9 | | information as defined as "background information" in this |
10 | | subsection and criminal history record information as defined |
11 | | in the Illinois Uniform Conviction Information Act for each |
12 | | Department employee or Department applicant. Each Department |
13 | | employee or Department applicant shall submit his or her |
14 | | fingerprints to the Department of State Police in the form and |
15 | | manner prescribed by the Department of State Police. These |
16 | | fingerprints shall be checked against the fingerprint records |
17 | | now and hereafter filed in the Department of State Police and |
18 | | the Federal Bureau of Investigation criminal history records |
19 | | databases. The Department of State Police shall charge a fee |
20 | | for conducting the criminal history record check, which shall |
21 | | be deposited into the State Police Services Fund and shall not |
22 | | exceed the actual cost of the record check. The Department of |
23 | | State Police shall furnish, pursuant to positive |
24 | | identification, all Illinois conviction information to the |
25 | | Department 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 |
20 | | employee coded or certified within the State of Illinois |
21 | | Personnel System. |
22 | | "Department applicant" means an individual who has |
23 | | conditional Department full-time or part-time work, a |
24 | | contractor, an individual used to replace or supplement staff, |
25 | | an academic intern, a volunteer in Department offices or on |
26 | | Department contracts, a work-study student, an individual or |
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1 | | entity licensed by the Department, or an unlicensed service |
2 | | provider who works as a condition of a contract or an agreement |
3 | | and whose work may bring the unlicensed service provider into |
4 | | contact with Department clients or client records. |
5 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14; |
6 | | 98-570, eff. 8-27-13; revised 9-4-13.)
|
7 | | Section 70. The Department of Commerce and Economic |
8 | | Opportunity Law of the
Civil Administrative Code of Illinois is |
9 | | amended by changing Sections 605-300 and 605-320 as follows:
|
10 | | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
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11 | | Sec. 605-300. Economic and business development plans; |
12 | | Illinois Business Development Council. |
13 | | (a) Economic development plans. The Department shall |
14 | | develop a strategic economic development plan for the State by |
15 | | July 1, 2014. By no later than July 1, 2015, and by July 1 |
16 | | annually thereafter, the Department shall make modifications |
17 | | to the plan as modifications are warranted by changes in |
18 | | economic conditions or by other factors, including changes in |
19 | | policy. In addition to the annual modification, the plan shall |
20 | | be reviewed and redeveloped in full every 5 years. In the |
21 | | development of the annual economic development plan, the |
22 | | Department shall consult with representatives of the private |
23 | | sector, other State agencies, academic institutions, local |
24 | | economic development organizations, local governments, and |
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1 | | not-for-profit organizations. The annual economic development |
2 | | plan shall set specific, measurable, attainable, relevant, and |
3 | | time-sensitive goals and shall include a focus on areas of high |
4 | | unemployment or poverty. |
5 | | The term "economic development" shall be construed broadly |
6 | | by the Department and may include, but is not limited to, job |
7 | | creation, job retention, tax base enhancements, development of |
8 | | human capital, workforce productivity, critical |
9 | | infrastructure, regional competitiveness, social inclusion, |
10 | | standard of living, environmental sustainability, energy |
11 | | independence, quality of life, the effective use of financial |
12 | | incentives, the utilization of public private partnerships |
13 | | where appropriate, and other metrics determined by the |
14 | | Department. |
15 | | The plan shall be based on relevant economic data, focus on |
16 | | economic development as prescribed by this Section, and |
17 | | emphasize strategies to retain and create jobs. |
18 | | The plan shall identify and develop specific strategies for |
19 | | utilizing the assets of regions within the State defined as |
20 | | counties and municipalities or other political subdivisions in |
21 | | close geographical proximity that share common economic traits |
22 | | such as commuting zones, labor market areas, or other |
23 | | economically integrated characteristics. |
24 | | If the plan includes strategies that have a fiscal impact |
25 | | on the Department or any other agency, the plan shall include a |
26 | | detailed description of the estimated fiscal impact of such |
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1 | | strategies. |
2 | | Prior to publishing the plan in its final form, the |
3 | | Department shall allow for a reasonable time for public input. |
4 | | The Department shall transmit copies of the economic |
5 | | development plan to the Governor and the General Assembly no |
6 | | later than July 1, 2014, and by July 1 annually thereafter. The |
7 | | plan and its corresponding modifications shall be published and |
8 | | made available to the public in both paper and electronic |
9 | | media, on the Department's website, and by any other method |
10 | | that the Department deems appropriate. |
11 | | The Department shall annually submit legislation to |
12 | | implement the strategic economic development plan or |
13 | | modifications to the strategic economic development plan to the |
14 | | Governor, the President and Minority Leader of the Senate, and |
15 | | the Speaker and the Minority Leader of the House of |
16 | | Representatives. The legislation shall be in the form of one or |
17 | | more substantive bills drafted by the Legislative Reference |
18 | | Bureau. |
19 | | (b) Business development plans; Illinois Business |
20 | | Development 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 |
15 | | encourage
the growth and expansion of industries now existing
|
16 | | within the State by providing comprehensive business services |
17 | | and promoting
interdepartmental cooperation for assistance to |
18 | | industries.
|
19 | | As a condition of any financial incentives provided by the |
20 | | Department in the form of (1) tax credits and tax exemptions |
21 | | (other than given under tax increment financing) given as an |
22 | | incentive to a recipient business organization pursuant to an |
23 | | initial certification or an initial designation made by the |
24 | | Department under the Economic Development for a Growing Economy |
25 | | Tax Credit Act, the River Edge Redevelopment Zone Act, and the |
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1 | | Illinois Enterprise Zone Act, including the High Impact |
2 | | Business program, (2) grants or loans given to a recipient as |
3 | | an incentive to a business organization pursuant to the River |
4 | | Edge Redevelopment Zone Act, the Large Business Development |
5 | | Program, the Business Development Public Infrastructure |
6 | | Program, or the Industrial Training Program, the Department |
7 | | shall require the recipient of such financial incentives to |
8 | | report at least quarterly the number of jobs to be created or |
9 | | retained, or both created and retained, by the recipient as a |
10 | | result of the financial incentives, including the number of |
11 | | full-time, permanent jobs, the number of part-time jobs, and |
12 | | the number of temporary jobs. Further, the recipient of such |
13 | | financial incentives shall provide the Department at least |
14 | | annually a detailed list of the occupation or job |
15 | | classifications and number of new employees or retained |
16 | | employees to be hired in full-time, permanent jobs, a schedule |
17 | | of anticipated starting dates of the new hires and the actual |
18 | | average wage by occupation or job classification and total |
19 | | payroll 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 |
22 | | changing Section 20 as follows:
|
23 | | (20 ILCS 896/20)
|
24 | | Sec. 20. Offshore Wind Energy Economic Development Policy |
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1 | | Task Force. |
2 | | (a) The Governor shall convene an Offshore Wind Energy |
3 | | Economic Development Policy Task Force, to be chaired by the |
4 | | Director of Commerce and Economic Opportunity, or his or her |
5 | | designee, to analyze and evaluate policy and economic options |
6 | | to facilitate the development of offshore wind energy, and to |
7 | | propose an appropriate Illinois mechanism for purchasing and |
8 | | selling power from possible offshore wind energy projects. The |
9 | | Task Force shall examine mechanisms used in other states and |
10 | | jurisdictions, including, without limitation, feed-in tariffs |
11 | | feed-in-tariffs , renewable energy certificates, renewable |
12 | | energy certificate carve-outs, power purchase agreements, and |
13 | | pilot projects. The Task Force shall report its findings and |
14 | | recommendations to the Governor and General Assembly by |
15 | | December 31, 2013.
|
16 | | (b) The Director of the Illinois Power Agency (or his or |
17 | | her designee), the Executive Director of the Illinois Commerce |
18 | | Commission (or his or her designee), the Director of Natural |
19 | | Resources (or his or her designee), and the Attorney General |
20 | | (or his or her designee) shall serve as ex officio members of |
21 | | the Task Force.
|
22 | | (c) The Governor shall appoint the following public members |
23 | | to 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 |
12 | | the Task Force. |
13 | | (e) The Speaker of the House of Representatives, Minority |
14 | | Leader of the House of Representatives,
Senate President, and |
15 | | Minority Leader of the Senate shall each appoint one member of |
16 | | the General Assembly to serve on the Task Force.
|
17 | | (f) Members of the Task Force shall serve without |
18 | | compensation.
|
19 | | (Source: P.A. 98-447, eff. 8-16-13; revised 10-7-13.)
|
20 | | Section 80. The Mental Health and Developmental |
21 | | Disabilities Administrative Act is amended by changing Section |
22 | | 14 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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1 | | operate a
facility for the care, custody, and treatment of |
2 | | persons with mental
illness or habilitation of persons with |
3 | | developmental disabilities hereinafter
designated, to be known |
4 | | as the Chester Mental Health Center.
|
5 | | Within the Chester Mental Health Center there shall be |
6 | | confined the
following classes of persons, whose history, in |
7 | | the opinion of the
Department, discloses dangerous or violent |
8 | | tendencies and who, upon
examination under the direction of the |
9 | | Department, have been found a fit
subject for confinement in |
10 | | that 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 |
24 | | Chester Mental
Health Center that it is necessary to confine |
25 | | persons in order to maintain
security or provide for the |
26 | | protection and safety of recipients and staff, the
Chester |
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1 | | Mental Health Center may confine all persons on a unit to their |
2 | | rooms.
This period of confinement shall not exceed 10 hours in |
3 | | a 24 hour period,
including the recipient's scheduled hours of |
4 | | sleep, unless approved by the
Secretary of the Department. |
5 | | During the period of
confinement, the
persons confined shall be |
6 | | observed at least every 15 minutes. A record shall
be kept of |
7 | | the observations. This confinement shall not be considered
|
8 | | seclusion as defined in the Mental Health and Developmental |
9 | | Disabilities
Code.
|
10 | | The facility director of the Chester Mental Health Center |
11 | | may authorize
the temporary use of handcuffs on a recipient for |
12 | | a period not to exceed 10
minutes when necessary in the course |
13 | | of transport of the recipient within the
facility to maintain |
14 | | custody or security. Use of handcuffs is subject to the
|
15 | | provisions of Section 2-108 of the Mental Health and |
16 | | Developmental Disabilities
Code. The facility shall keep a |
17 | | monthly record listing each instance in which
handcuffs are |
18 | | used, circumstances indicating the need for use of handcuffs, |
19 | | and
time of application of handcuffs and time of release |
20 | | therefrom. The facility
director shall allow the Illinois |
21 | | Guardianship and Advocacy Commission, the
agency designated by |
22 | | the Governor under Section 1 of the Protection and
Advocacy for |
23 | | Developmentally Disabled Persons Act, and the Department to
|
24 | | examine and copy such record upon request.
|
25 | | The facility director of the Chester Mental Health Center |
26 | | may authorize the temporary use of transport devices on a civil |
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1 | | recipient when necessary in the course of transport of the |
2 | | civil recipient outside the facility to maintain custody or |
3 | | security. The decision whether to use any transport devices |
4 | | shall be reviewed and approved on an individualized basis by a |
5 | | physician based upon a determination of the civil recipient's: |
6 | | (1) history of violence, (2) history of violence during |
7 | | transports, (3) history of escapes and escape attempts, (4) |
8 | | history of trauma, (5) history of incidents of restraint or |
9 | | seclusion and use of involuntary medication, (6) current |
10 | | functioning level and medical status, and (7) prior experience |
11 | | during similar transports, and (8) the length, duration, and |
12 | | purpose of the transport. The least restrictive transport |
13 | | device consistent with the individual's need shall be used. |
14 | | Staff transporting the individual shall be trained in the use |
15 | | of the transport devices, recognizing and responding to a |
16 | | person in distress, and shall observe and monitor the |
17 | | individual while being transported. The facility shall keep a |
18 | | monthly record listing all transports, including those |
19 | | transports for which use of transport devices was were not |
20 | | sought, those for which use of transport devices was were |
21 | | sought but denied, and each instance in which transport devices |
22 | | are used, circumstances indicating the need for use of |
23 | | transport devices, time of application of transport devices, |
24 | | time of release from those devices, and any adverse events. The |
25 | | facility director shall allow the Illinois Guardianship and |
26 | | Advocacy Commission, the agency designated by the Governor |
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1 | | under Section 1 of the Protection and Advocacy for |
2 | | Developmentally Disabled Persons Act, and the Department to |
3 | | examine and copy the record upon request. This use of transport |
4 | | devices shall not be considered restraint as defined in the |
5 | | Mental Health and Developmental Disabilities Code. For the |
6 | | purpose of this Section "transport device" means ankle cuffs, |
7 | | handcuffs, waist chains or wrist-waist devices designed to |
8 | | restrict an individual's range of motion while being |
9 | | transported. These devices must be approved by the Division of |
10 | | Mental Health, used in accordance with the manufacturer's |
11 | | instructions, and used only by qualified staff members who have |
12 | | completed all training required to be eligible to transport |
13 | | patients and all other required training relating to the safe |
14 | | use and application of transport devices, including |
15 | | recognizing and responding to signs of distress in an |
16 | | individual whose movement is being restricted by a transport |
17 | | device. |
18 | | If and when it shall appear to the satisfaction of the |
19 | | Department that
any person confined in the Chester Mental |
20 | | Health Center is not or has
ceased to be such a source of |
21 | | danger to the public as to require his
subjection to the |
22 | | regimen of the center, the Department is hereby
authorized to |
23 | | transfer such person to any State facility for treatment of
|
24 | | persons with mental illness or habilitation of persons with |
25 | | developmental
disabilities, as the nature of the individual |
26 | | case may require.
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1 | | Subject to the provisions of this Section, the Department, |
2 | | except where
otherwise provided by law, shall, with respect to |
3 | | the management, conduct
and control of the Chester Mental |
4 | | Health Center and the discipline, custody
and treatment of the |
5 | | persons confined therein, have and exercise the same
rights and |
6 | | powers as are vested by law in the Department with respect to
|
7 | | any and all of the State facilities for treatment of persons |
8 | | with mental
illness or habilitation of persons with |
9 | | developmental disabilities, and the
recipients thereof, and |
10 | | shall be subject to the same duties as are imposed by
law upon |
11 | | the Department with respect to such facilities and the |
12 | | recipients
thereof. |
13 | | The Department may elect to place persons who have been |
14 | | ordered by the court to be detained under the Sexually Violent |
15 | | Persons Commitment Act in a distinct portion of the Chester |
16 | | Mental Health Center. The persons so placed shall be separated |
17 | | and shall not comingle with the recipients of the Chester |
18 | | Mental Health Center. The portion of Chester Mental Health |
19 | | Center that is used for the persons detained under the Sexually |
20 | | Violent Persons Commitment Act shall not be a part of the |
21 | | mental health facility for the enforcement and implementation |
22 | | of the Mental Health and Developmental Disabilities Code nor |
23 | | shall their care and treatment be subject to the provisions of |
24 | | the Mental Health and Developmental Disabilities Code. The |
25 | | changes added to this Section by this amendatory Act of the |
26 | | 98th General Assembly are inoperative on and after June 30, |
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1 | | 2015.
|
2 | | (Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13; |
3 | | revised 9-4-13.)
|
4 | | Section 85. The Department of Professional Regulation Law |
5 | | of the
Civil Administrative Code of Illinois is amended by |
6 | | changing 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 |
10 | | Civil
Administrative Code of Illinois, the following powers and |
11 | | duties:
|
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 |
17 | | loan or scholarship provided by or guaranteed by the Illinois |
18 | | Student Assistance Commission or any governmental agency of |
19 | | this State or in cases involving delinquency in complying with |
20 | | a child support order or violation of the Non-Support |
21 | | Punishment Act, no person or entity whose license, certificate, |
22 | | or authority has been revoked as authorized in any licensing |
23 | | Act administered by the Department may apply for restoration of |
24 | | that license, certification, or authority until 3 years after |
25 | | the effective date of the revocation. |
26 | | (b) The Department may, when a fee is payable to the |
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1 | | Department for a wall
certificate of registration provided by |
2 | | the Department of Central Management
Services, require that |
3 | | portion of the payment for printing and distribution
costs be |
4 | | made directly or through the Department to the Department of |
5 | | Central
Management Services for deposit into the Paper and |
6 | | Printing Revolving Fund.
The remainder shall be deposited into |
7 | | the General Revenue Fund.
|
8 | | (c) For the purpose of securing and preparing evidence, and |
9 | | for the purchase
of controlled substances, professional |
10 | | services, and equipment necessary for
enforcement activities, |
11 | | recoupment of investigative costs, and other activities
|
12 | | directed at suppressing the misuse and abuse of controlled |
13 | | substances,
including those activities set forth in Sections |
14 | | 504 and 508 of the Illinois
Controlled Substances Act, the |
15 | | Director and agents appointed and authorized by
the Director |
16 | | may expend sums from the Professional Regulation Evidence Fund
|
17 | | that the Director deems necessary from the amounts appropriated |
18 | | for that
purpose. Those sums may be advanced to the agent when |
19 | | the Director deems that
procedure to be in the public interest. |
20 | | Sums for the purchase of controlled
substances, professional |
21 | | services, and equipment necessary for enforcement
activities |
22 | | and other activities as set forth in this Section shall be |
23 | | advanced
to the agent who is to make the purchase from the |
24 | | Professional Regulation
Evidence Fund on vouchers signed by the |
25 | | Director. The Director and those
agents are authorized to |
26 | | maintain one or more commercial checking accounts with
any |
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1 | | State banking corporation or corporations organized under or |
2 | | subject to the
Illinois Banking Act for the deposit and |
3 | | withdrawal of moneys to be used for
the purposes set forth in |
4 | | this Section; provided, that no check may be written
nor any |
5 | | withdrawal made from any such account except upon the written
|
6 | | signatures of 2 persons designated by the Director to write |
7 | | those checks and
make those withdrawals. Vouchers for those |
8 | | expenditures must be signed by the
Director. All such |
9 | | expenditures shall be audited by the Director, and the
audit |
10 | | shall be submitted to the Department of Central Management |
11 | | Services for
approval.
|
12 | | (d) Whenever the Department is authorized or required by |
13 | | law to consider
some aspect of criminal history record |
14 | | information for the purpose of carrying
out its statutory |
15 | | powers and responsibilities, then, upon request and payment
of |
16 | | fees in conformance with the requirements of Section 2605-400 |
17 | | of the
Department of State Police Law (20 ILCS 2605/2605-400), |
18 | | the Department of State
Police is authorized to furnish, |
19 | | pursuant to positive identification, the
information contained |
20 | | in State files that is necessary to fulfill the request.
|
21 | | (e) The provisions of this Section do not apply to private |
22 | | business and
vocational schools as defined by Section 15 of the |
23 | | Private Business and
Vocational Schools Act of 2012.
|
24 | | (f) Beginning July 1, 1995, this Section does not apply to |
25 | | those
professions, trades, and occupations licensed under the |
26 | | Real Estate License
Act of 2000, nor does it apply to any |
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1 | | permits, certificates, or other
authorizations to do business |
2 | | provided for in the Land Sales Registration Act
of 1989 or the |
3 | | Illinois Real Estate Time-Share Act.
|
4 | | (g) Notwithstanding anything that may appear in any |
5 | | individual licensing statute or administrative rule, the |
6 | | Department shall deny any license application or renewal |
7 | | authorized under any licensing Act administered by the |
8 | | Department to any person who has failed to file a return, or to |
9 | | pay the tax, penalty, or interest shown in a filed return, or |
10 | | to pay any final assessment of tax, penalty, or interest, as |
11 | | required by any tax Act administered by the Illinois Department |
12 | | of Revenue, until such time as the requirement of any such tax |
13 | | Act are satisfied; however, the Department may issue a license |
14 | | or renewal if the person has established a satisfactory |
15 | | repayment record as determined by the Illinois Department of |
16 | | Revenue. For the purpose of this Section, "satisfactory |
17 | | repayment record" shall be defined by rule.
|
18 | | In addition, a complaint filed with the Department by the |
19 | | Illinois Department of Revenue that includes a certification, |
20 | | signed by its Director or designee, attesting to the amount of |
21 | | the unpaid tax liability or the years for which a return was |
22 | | not filed, or both, is prima facie facia evidence of the |
23 | | licensee's failure to comply with the tax laws administered by |
24 | | the Illinois Department of Revenue. Upon receipt of that |
25 | | certification, the Department shall, without a hearing, |
26 | | immediately suspend all licenses held by the licensee. |
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1 | | Enforcement of the Department's order shall be stayed for 60 |
2 | | days. The Department shall provide notice of the suspension to |
3 | | the licensee by mailing a copy of the Department's order by |
4 | | certified and regular mail to the licensee's last known address |
5 | | as registered with the Department. The notice shall advise the |
6 | | licensee that the suspension shall be effective 60 days after |
7 | | the issuance of the Department's order unless the Department |
8 | | receives, from the licensee, a request for a hearing before the |
9 | | Department to dispute the matters contained in the order.
|
10 | | Any suspension imposed under this subsection (g) shall be |
11 | | terminated by the Department upon notification from the |
12 | | Illinois Department of Revenue that the licensee is in |
13 | | compliance with all tax laws administered by the Illinois |
14 | | Department of Revenue.
|
15 | | The Department shall promulgate rules for the |
16 | | administration of this subsection (g).
|
17 | | (h) The Department may grant the title "Retired", to be |
18 | | used immediately adjacent to the title of a profession |
19 | | regulated by the Department, to eligible retirees. The use of |
20 | | the title "Retired" shall not constitute representation of |
21 | | current licensure, registration, or certification. Any person |
22 | | without an active license, registration, or certificate in a |
23 | | profession that requires licensure, registration, or |
24 | | certification shall not be permitted to practice that |
25 | | profession. |
26 | | (i) Within 180 days after December 23, 2009 (the effective |
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1 | | date of Public Act 96-852), the Department shall promulgate |
2 | | rules which permit a person with a criminal record, who seeks a |
3 | | license or certificate in an occupation for which a criminal |
4 | | record is not expressly a per se bar, to apply to the |
5 | | Department for a non-binding, advisory opinion to be provided |
6 | | by the Board or body with the authority to issue the license or |
7 | | certificate as to whether his or her criminal record would bar |
8 | | the individual from the licensure or certification sought, |
9 | | should the individual meet all other licensure requirements |
10 | | including, but not limited to, the successful completion of the |
11 | | relevant examinations. |
12 | | (Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09; |
13 | | 96-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)
|
14 | | Section 90. The Department of Public Health Powers and |
15 | | Duties Law of the
Civil Administrative Code of Illinois is |
16 | | amended by setting forth, renumbering, and changing multiple |
17 | | versions of Section 2310-665 as follows:
|
18 | | (20 ILCS 2310/2310-665) |
19 | | Sec. 2310-665. Educational materials on streptococcal |
20 | | infection. The Department, in conjunction with the Illinois |
21 | | State Board of Education, shall develop educational material on |
22 | | streptococcal infection for distribution in elementary and |
23 | | secondary schools. The material shall include, but not be |
24 | | limited 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 |
3 | | implementation of an education campaign to inform breast cancer |
4 | | patients, especially those in racial and ethnic minority |
5 | | groups, anticipating surgery regarding the availability and |
6 | | coverage of breast reconstruction, prostheses, and other |
7 | | options. The
campaign shall include the dissemination, at a |
8 | | minimum, on relevant State health Internet websites, including |
9 | | the Department of Public Health's Internet website, of the |
10 | | following 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 |
24 | | information, whether developed by the Director or by other |
25 | | entities, as the Director determines relevant.
The campaign |
26 | | shall not specify, or be designed to serve as a tool to limit, |
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1 | | the health care providers available to patients. |
2 | | (d) In developing the information to be disseminated under |
3 | | this Section, the Director shall consult with appropriate |
4 | | medical societies and patient advocates related to breast |
5 | | cancer, patient advocates representing racial and ethnic |
6 | | minority groups, with a special emphasis on African-American |
7 | | and Hispanic populations' population's breast reconstructive |
8 | | surgery, and breast prostheses and breast forms. |
9 | | (e) Beginning no later than January 1, 2016 ( 2 years after |
10 | | the effective date of Public Act 98-479) this amendatory Act of |
11 | | the 98th General Assembly and continuing each second year |
12 | | thereafter, the Director shall submit to the General Assembly a |
13 | | report describing the activities carried out under this Section |
14 | | during the preceding 2 fiscal years, including evaluating the |
15 | | extent to which the activities have been effective in improving |
16 | | the 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 |
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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 |
6 | | the Department of Public Health. The purpose of the Task Force |
7 | | shall 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 |
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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 |
6 | | filled in the same
manner provided for in the original |
7 | | appointments. |
8 | | (d) The Task Force shall organize within 120 days following |
9 | | the
appointment of a majority of its members and shall select a |
10 | | chairperson and
vice-chairperson from among the members. The |
11 | | chairperson shall appoint a
secretary, who need not be a member |
12 | | of the Task Force. |
13 | | (e) The public members shall serve without compensation and |
14 | | shall not be reimbursed for necessary expenses incurred in the
|
15 | | performance of their duties, unless funds
become available to |
16 | | the Task Force. |
17 | | (f) The Task Force shall be entitled to call to its |
18 | | assistance and avail
itself of the services of the employees of |
19 | | any State, county, or municipal
department, board, bureau, |
20 | | commission, or agency as it may require and as may be
available |
21 | | to it for its purposes. |
22 | | (g) The Task Force may meet and hold hearings as it deems |
23 | | appropriate. |
24 | | (h) The Department of Public Health shall provide staff
|
25 | | support to the Task Force. |
26 | | (i) The Task Force shall report its findings and |
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1 | | recommendations to the
Governor and to the General Assembly, |
2 | | along with any legislative bills that it desires to recommend
|
3 | | for adoption by the General Assembly, no later than December |
4 | | 31, 2015. |
5 | | (j) The Task Force is abolished and this Section is |
6 | | repealed 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 |
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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
|
17 | | in the Department of Public Health. The purpose of the Task |
18 | | Force 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 |
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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 |
20 | | filled in the same
manner provided for in the original |
21 | | appointments. |
22 | | (d) The Task Force shall organize within 120 days following |
23 | | the
appointment of a majority of its members and shall select a |
24 | | chairperson and
vice-chairperson from among the members. The |
25 | | chairperson shall appoint a
secretary who need not be a member |
26 | | of the Task Force. |
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1 | | (e) The public members shall serve without compensation and |
2 | | shall not be reimbursed for necessary expenses incurred in the
|
3 | | performance of their duties unless funds
become available to |
4 | | the Task Force. |
5 | | (f) The Task Force may meet and hold hearings as it deems |
6 | | appropriate. |
7 | | (g) The Department of Public Health shall provide staff
|
8 | | support to the Task Force. |
9 | | (h) The Task Force shall report its findings and |
10 | | recommendations to the
Governor and to the General Assembly, |
11 | | along with any legislative bills that it desires to recommend
|
12 | | for adoption by the General Assembly, no later than December |
13 | | 31, 2015. |
14 | | (i) The Task Force is abolished and this Section is |
15 | | repealed 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 |
18 | | amended 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 |
22 | | disabilities included are
defined for purposes of this Act as |
23 | | follows:
|
24 | | "Disability" means a disability as defined by the Americans
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1 | | with Disabilities Act of 1990 that is attributable to a
|
2 | | developmental disability, a mental illness, or a physical
|
3 | | disability, or combination of those.
|
4 | | "Developmental disability" means a disability that is
|
5 | | attributable to an intellectual disability or a related |
6 | | condition. A
related condition must meet all of the following |
7 | | conditions:
|
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
|
25 | | verified by a diagnosis contained in the
Diagnostic and |
26 | | Statistical Manual of Mental Disorders-Fourth Edition, |
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1 | | published
by the American Psychiatric Association (DSM-IV), or |
2 | | its successor, or
International Classification of Diseases, |
3 | | 9th Revision, Clinical Modification
(ICD-9-CM), or its |
4 | | successor, that
substantially impairs a person's cognitive, |
5 | | emotional, or
behavioral functioning, or any combination of |
6 | | those, excluding
(i) conditions that may be the focus of |
7 | | clinical attention but are not of
sufficient duration or |
8 | | severity to be categorized as a mental illness, such as
|
9 | | parent-child relational problems, partner-relational problems, |
10 | | sexual abuse of
a child, bereavement, academic problems, |
11 | | phase-of-life problems, and
occupational problems |
12 | | (collectively, "V codes"), (ii) organic disorders such as
|
13 | | substance intoxication dementia, substance withdrawal |
14 | | dementia, Alzheimer's
disease, vascular dementia, dementia due |
15 | | to HIV infection, and dementia due to Creutzfeldt-Jakob
|
16 | | Creutzfeld-Jakob disease
and disorders associated with
known |
17 | | or unknown physical conditions such as hallucinosis, amnestic
|
18 | | disorders and delirium, and psychoactive substance-induced |
19 | | organic
disorders, and (iii) an intellectual disability or |
20 | | psychoactive substance use
disorders.
|
21 | | "Intellectual disability" means significantly sub-average |
22 | | general
intellectual functioning existing concurrently with |
23 | | deficits in
adaptive behavior and manifested before the age of |
24 | | 22 years.
|
25 | | "Physical disability" means a disability as defined by the
|
26 | | Americans with Disabilities Act of 1990 that meets the |
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1 | | following
criteria:
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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, |
15 | | activities,
and strategies for persons with disabilities that |
16 | | are
representative of the lifestyle activities of nondisabled |
17 | | peers of similar
age in the community.
|
18 | | "Comprehensive evaluation" means procedures used by |
19 | | qualified professionals
selectively with an individual to
|
20 | | determine whether a person has a disability and the nature
and |
21 | | extent of the services that the person with a disability
needs.
|
22 | | "Department" means the Department on Aging, the Department |
23 | | of Human Services,
the Department of Public Health, the |
24 | | Department of
Public Aid (now Department Healthcare and Family |
25 | | Services), the University of Illinois Division of Specialized |
26 | | Care for
Children, the Department of Children and Family |
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1 | | Services, and the Illinois
State
Board of Education, where |
2 | | appropriate, as designated in the implementation plan
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3 | | developed under Section 20.
|
4 | | "Family" means a natural, adoptive, or foster parent or |
5 | | parents or
other person or persons responsible for the care of |
6 | | an individual with a
disability in a family setting.
|
7 | | "Family or individual support" means those resources and |
8 | | services
that are necessary to maintain an individual with a
|
9 | | disability within the family home or his or her own home. These |
10 | | services may
include, but are not
limited to, cash subsidy, |
11 | | respite care, and counseling services.
|
12 | | "Independent service coordination" means a social service |
13 | | that enables
persons
with developmental disabilities and their |
14 | | families to locate, use, and
coordinate resources
and
|
15 | | opportunities in their communities on the basis of individual |
16 | | need. Independent
service
coordination is independent of |
17 | | providers of services and funding sources and is
designed
to |
18 | | ensure accessibility, continuity of care, and accountability |
19 | | and to maximize
the
potential of persons with developmental |
20 | | disabilities for independence,
productivity, and
integration |
21 | | into
the community. Independent service coordination includes, |
22 | | at a minimum: (i)
outreach to
identify eligible individuals; |
23 | | (ii) assessment and periodic reassessment to
determine each
|
24 | | individual's strengths, functional limitations, and need for |
25 | | specific services;
(iii)
participation in the development of a |
26 | | comprehensive individual service or
treatment plan;
(iv) |
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1 | | referral to and linkage with needed services and supports; (v) |
2 | | monitoring
to ensure
the delivery of appropriate services and |
3 | | to determine individual progress in
meeting goals
and |
4 | | objectives; and (vi) advocacy to assist the person in obtaining |
5 | | all
services for which
he or she is eligible or entitled.
|
6 | | "Individual service or treatment plan" means a recorded |
7 | | assessment of the
needs
of a person with a disability, a |
8 | | description of the services
recommended, the goals of each type |
9 | | of element of service, an anticipated
timetable for the |
10 | | accomplishment of the goals, and a designation of the
qualified |
11 | | professionals responsible for the implementation of the plan.
|
12 | | "Least restrictive environment" means an environment that
|
13 | | represents the least departure from the normal patterns of |
14 | | living and that
effectively meets the needs of the person |
15 | | receiving the service.
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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
|
18 | | Civil Administrative Code of Illinois is amended by setting |
19 | | forth and renumbering multiple versions of Section 2605-595 as |
20 | | follows:
|
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 |
24 | | known as the State Police Firearm Services Fund. The Fund shall |
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1 | | receive revenue under the Firearm Concealed Carry Act and |
2 | | Section 5 of the Firearm Owners Identification Card Act. The |
3 | | Fund may also receive revenue from grants, pass-through grants, |
4 | | donations, appropriations, and any other legal source. |
5 | | (b) The Department of State Police may use moneys in the |
6 | | Fund to finance any of its lawful purposes, mandates, |
7 | | functions, and duties under the Firearm Owners Identification |
8 | | Card Act and the Firearm Concealed Carry Act, including the |
9 | | cost of sending notices of expiration of Firearm Owner's |
10 | | Identification Cards, concealed carry licenses, the prompt and |
11 | | efficient processing of applications under the Firearm Owners |
12 | | Identification Card Act and the Firearm Concealed Carry Act, |
13 | | the improved efficiency and reporting of the LEADS and federal |
14 | | NICS law enforcement data systems, and support for |
15 | | investigations required under these Acts and law. Any surplus |
16 | | funds beyond what is needed to comply with the aforementioned |
17 | | purposes shall be used by the Department to improve the Law |
18 | | Enforcement Agencies Data System (LEADS) and criminal history |
19 | | background check system. |
20 | | (c) Investment income that is attributable to the |
21 | | investment of moneys in the Fund shall be retained in the Fund |
22 | | for the uses specified in this Section.
|
23 | | (Source: P.A. 98-63, eff. 7-9-13.)
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24 | | (20 ILCS 2605/2605-600) |
25 | | Sec. 2605-600 2605-595 . Crimes Against Police Officers |
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1 | | Advisory. |
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 |
16 | | Police Officers Advisory is established within
the Department |
17 | | of State Police. The purpose of the Crimes Against Police |
18 | | Officers Advisory is to
provide a regional system for the rapid |
19 | | dissemination of information regarding a person who is |
20 | | suspected of committing or attempting to commit any of the |
21 | | offenses described in subsection (c). |
22 | | (c) The Department of State Police shall develop an |
23 | | advisory to assist law enforcement agencies when the commission |
24 | | or attempted commission of the following offenses against a |
25 | | peace 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 |
6 | | may 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 |
14 | | authority to determine if dissemination of the information will |
15 | | pose a significant risk to the public or jeopardize the |
16 | | investigation. |
17 | | (f) The Department of State Police may partner with media |
18 | | and may request a media broadcast concerning details of the |
19 | | suspect in order to obtain the public's assistance in locating |
20 | | the 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 |
23 | | changing 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 |
2 | | identification: the Bertillon The
Bertillion system, the |
3 | | finger print system, and any system of measurement
or |
4 | | identification that may be adopted by law or rule in the |
5 | | various penal
institutions or bureaus of identification |
6 | | wherever located.
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7 | | The Department shall make a record consisting of duplicates |
8 | | of all
measurements, processes, operations, signalletic cards, |
9 | | plates,
photographs, outline pictures, measurements, |
10 | | descriptions of and data
relating to all persons confined in |
11 | | penal institutions wherever located, so
far as the same are |
12 | | obtainable, in accordance with whatever system or
systems may |
13 | | be 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, |
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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 |
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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
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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 |
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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 |
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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. |
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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)). |
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1 | | (D) Records identified in subsection |
2 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
3 | | reached the age of 25 years. |
4 | | (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 |
18 | | expungement under subsections (b), (e), and (e-6) and sealing |
19 | | under 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 |
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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 |
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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 |
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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 |
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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 |
25 | | is granted
a pardon by the Governor which specifically |
26 | | authorizes expungement, he or she may,
upon verified petition |
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1 | | to the Chief Judge of the circuit where the person had
been |
2 | | convicted, any judge of the circuit designated by the Chief |
3 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
4 | | presiding trial judge at the
defendant's trial, have a court |
5 | | order entered expunging the record of
arrest from the official |
6 | | records of the arresting authority and order that the
records |
7 | | of the circuit court clerk and the Department be sealed until
|
8 | | further order of the court upon good cause shown or as |
9 | | otherwise provided
herein, and the name of the defendant |
10 | | obliterated from the official index
requested to be kept by the |
11 | | circuit court clerk under Section 16 of the Clerks
of Courts |
12 | | Act in connection with the arrest and conviction for the |
13 | | offense for
which he or she had been pardoned but the order |
14 | | shall not affect any index issued by
the circuit court clerk |
15 | | before the entry of the order. All records sealed by
the |
16 | | Department may be disseminated by the Department only to the |
17 | | arresting authority, the State's Attorney, and the court upon a |
18 | | later
arrest for the same or similar offense or for the purpose |
19 | | of sentencing for any
subsequent felony. Upon conviction for |
20 | | any subsequent offense, the Department
of Corrections shall |
21 | | have access to all sealed records of the Department
pertaining |
22 | | to that individual. Upon entry of the order of expungement, the
|
23 | | circuit court clerk shall promptly mail a copy of the order to |
24 | | the
person who was pardoned. |
25 | | (e-5) Whenever a person who has been convicted of an |
26 | | offense is granted a certificate of eligibility for sealing by |
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1 | | the Prisoner Review Board which specifically authorizes |
2 | | sealing, he or she may, upon verified petition to the Chief |
3 | | Judge of the circuit where the person had been convicted, any |
4 | | judge of the circuit designated by the Chief Judge, or in |
5 | | counties of less than 3,000,000 inhabitants, the presiding |
6 | | trial judge at the petitioner's trial, have a court order |
7 | | entered sealing the record of arrest from the official records |
8 | | of the arresting authority and order that the records of the |
9 | | circuit court clerk and the Department be sealed until further |
10 | | order of the court upon good cause shown or as otherwise |
11 | | provided herein, and the name of the petitioner obliterated |
12 | | from the official index requested to be kept by the circuit |
13 | | court clerk under Section 16 of the Clerks of Courts Act in |
14 | | connection with the arrest and conviction for the offense for |
15 | | which he or she had been granted the certificate but the order |
16 | | shall not affect any index issued by the circuit court clerk |
17 | | before the entry of the order. All records sealed by the |
18 | | Department may be disseminated by the Department only as |
19 | | required by this Act or to the arresting authority, a law |
20 | | enforcement agency, the State's Attorney, and the court upon a |
21 | | later arrest for the same or similar offense or for the purpose |
22 | | of sentencing for any subsequent felony. Upon conviction for |
23 | | any subsequent offense, the Department of Corrections shall |
24 | | have access to all sealed records of the Department pertaining |
25 | | to that individual. Upon entry of the order of sealing, the |
26 | | circuit court clerk shall promptly mail a copy of the order to |
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1 | | the person who was granted the certificate of eligibility for |
2 | | sealing. |
3 | | (e-6) Whenever a person who has been convicted of an |
4 | | offense is granted a certificate of eligibility for expungement |
5 | | by the Prisoner Review Board which specifically authorizes |
6 | | expungement, he or she may, upon verified petition to the Chief |
7 | | Judge of the circuit where the person had been convicted, any |
8 | | judge of the circuit designated by the Chief Judge, or in |
9 | | counties of less than 3,000,000 inhabitants, the presiding |
10 | | trial judge at the petitioner's trial, have a court order |
11 | | entered expunging the record of arrest from the official |
12 | | records of the arresting authority and order that the records |
13 | | of the circuit court clerk and the Department be sealed until |
14 | | further order of the court upon good cause shown or as |
15 | | otherwise provided herein, and the name of the petitioner |
16 | | obliterated from the official index requested to be kept by the |
17 | | circuit court clerk under Section 16 of the Clerks of Courts |
18 | | Act in connection with the arrest and conviction for the |
19 | | offense for which he or she had been granted the certificate |
20 | | but the order shall not affect any index issued by the circuit |
21 | | court clerk before the entry of the order. All records sealed |
22 | | by the Department may be disseminated by the Department only as |
23 | | required by this Act or to the arresting authority, a law |
24 | | enforcement agency, the State's Attorney, and the court upon a |
25 | | later arrest for the same or similar offense or for the purpose |
26 | | of sentencing for any subsequent felony. Upon conviction for |
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1 | | any subsequent offense, the Department of Corrections shall |
2 | | have access to all expunged records of the Department |
3 | | pertaining to that individual. Upon entry of the order of |
4 | | expungement, the circuit court clerk shall promptly mail a copy |
5 | | of the order to the person who was granted the certificate of |
6 | | eligibility for expungement. |
7 | | (f) Subject to available funding, the Illinois Department
|
8 | | of Corrections shall conduct a study of the impact of sealing,
|
9 | | especially on employment and recidivism rates, utilizing a
|
10 | | random sample of those who apply for the sealing of their
|
11 | | criminal records under Public Act 93-211. At the request of the
|
12 | | Illinois Department of Corrections, records of the Illinois
|
13 | | Department of Employment Security shall be utilized as
|
14 | | appropriate to assist in the study. The study shall not
|
15 | | disclose any data in a manner that would allow the
|
16 | | identification of any particular individual or employing unit.
|
17 | | The study shall be made available to the General Assembly no
|
18 | | later than September 1, 2010.
|
19 | | (Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; |
20 | | 97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. |
21 | | 1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, |
22 | | eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, |
23 | | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised |
24 | | 9-4-13.)
|
25 | | Section 110. The Governor's Office of Management and Budget |
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1 | | Act 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 |
4 | | underwriting
securities that are payable from State |
5 | | appropriations, whether issued by the
State or by others, by |
6 | | providing financial and other information regarding the
State |
7 | | to securities investors, nationally recognized securities |
8 | | information
repositories,
or the federal Municipal Securities |
9 | | Rulemaking Board, and to any State
information depository as |
10 | | required by the federal Securities and Exchange Act
of 1934 and |
11 | | the rules promulgated thereunder. The Governor's Office of
|
12 | | Management and Budget is the
only State office authorized to |
13 | | provide 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 |
16 | | by 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 |
19 | | the promotion
and preservation of the arts by securing suitable |
20 | | works of art for the
adornment of public buildings constructed |
21 | | or subjected to major renovation by
the State or which utilize |
22 | | State funds, and thereby reflecting the diverse cultural |
23 | | heritage of Illinois, with emphasis on the works of Illinois |
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1 | | artists.
|
2 | | (b) As used in this Act , "works : "Works of art" shall apply |
3 | | to and include
paintings, prints, sculptures, graphics, mural |
4 | | decorations, stained glass,
statues, bas reliefs, ornaments, |
5 | | fountains, ornamental
gateways, or other creative works which |
6 | | reflect form, beauty and aesthetic
perceptions.
|
7 | | (c) Beginning with the fiscal year ending June 30, 1979, |
8 | | and for each
succeeding fiscal year thereafter, for |
9 | | construction projects managed by the Capital Development |
10 | | Board, the Capital Development Board shall set
aside 1/2 of 1 |
11 | | percent of the amount authorized and appropriated for
|
12 | | construction or reconstruction of each public building |
13 | | financed in whole or in
part by State funds and generally |
14 | | accessible to and used by the public for
purchase and placement |
15 | | of suitable works of art in such public buildings. The
location |
16 | | and character of the work or works of art to be installed in |
17 | | such
public buildings shall be determined by the Chairperson of |
18 | | the Illinois Arts Council, in consultation with the designing |
19 | | architect. The work or works of art shall be in a permanent and |
20 | | prominent location. .
|
21 | | (d) There is created a Fine Arts Review Committee |
22 | | consisting of the
designing
architect, the Chairperson of the |
23 | | Illinois Arts Council or his or her designee, who shall serve |
24 | | as the chair of the Committee, the
Director of the Illinois |
25 | | State Museum or his or her designee, and a representative of |
26 | | the using agency.
The Committee, after such study as it deems |
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1 | | necessary, shall recommend three
artists or works of art in |
2 | | order of preference. The Chairperson of the Illinois Arts |
3 | | Council will make the final selection from among the |
4 | | recommendations
submitted. The Illinois Arts Council shall |
5 | | provide administrative support for the Fine Arts Review |
6 | | Committee and may promulgate rules to implement this |
7 | | subsection.
|
8 | | (e) Subsection (c) does not apply to construction projects |
9 | | for which the amount appropriated is less than $1,000,000.
|
10 | | (f) The Capital Development Board shall enter into a |
11 | | contract with the artist, or with the owner of the work or |
12 | | works of art, selected by the Chairperson of the Illinois Arts |
13 | | Council as provided in subsection (d) of this Section. The |
14 | | total amount of the contract or contracts shall not exceed the |
15 | | amount set aside pursuant to subsection (c) of this Section. If |
16 | | the Capital Development Board cannot reach an agreement with |
17 | | the artist or owner of the work or works of art, then the Board |
18 | | shall notify the Chairperson of the Illinois Arts Council, and |
19 | | the Chairperson may select a different artist or work or works |
20 | | of art from the three recommendations made by the Fine Arts |
21 | | Review Committee.
|
22 | | (Source: P.A. 98-572, eff. 1-1-14; revised 11-12-13.)
|
23 | | Section 120. The Illinois Emergency Management Agency Act |
24 | | is amended by changing Section 21 as follows:
|
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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 |
4 | | premises who voluntarily and without compensation grants a
|
5 | | license or privilege, or otherwise permits the designation or |
6 | | use of the
whole or any part or parts of such real estate or |
7 | | premises for the purpose
of sheltering persons during an actual |
8 | | or impending disaster, or an a exercise together with his or |
9 | | her successors in
interest, if any, shall not be civilly liable |
10 | | for negligently causing the
death of, or injury to, any person |
11 | | on or about such real estate or premises
under such license, |
12 | | privilege or other permission, or for negligently
causing loss |
13 | | of, or damage to, the property of such person.
|
14 | | (b) Any private person, firm or corporation and employees |
15 | | and agents of such
person, firm or corporation in the |
16 | | performance of a contract with, and under
the direction of, the |
17 | | State, or any political
subdivision of the State under the |
18 | | provisions of this Act shall not be
civilly liable for causing |
19 | | the death of, or injury to, any person or damage
to any |
20 | | property except in the event of willful misconduct.
|
21 | | (c) Any private person, firm or corporation, and any |
22 | | employee or agent
of such person, firm or corporation, who |
23 | | renders assistance or advice at
the request of the State, or |
24 | | any political
subdivision of the State under this Act during an |
25 | | actual or impending
disaster, shall not be civilly liable for |
26 | | causing the death of, or injury
to, any person or damage to any |
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1 | | property except in the event of willful
misconduct.
|
2 | | The immunities provided in this subsection (c) shall not |
3 | | apply to any
private person, firm or corporation, or to any |
4 | | employee or agent of such
person, firm or corporation
whose act |
5 | | or omission caused in whole or in part such actual or
impending |
6 | | disaster 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 |
9 | | by changing Section 801-10 as follows:
|
10 | | (20 ILCS 3501/801-10)
|
11 | | Sec. 801-10. Definitions. The following terms, whenever |
12 | | used or referred
to
in this Act, shall have the following |
13 | | meanings, except in such instances where
the context may |
14 | | clearly indicate otherwise:
|
15 | | (a) The term "Authority" means the Illinois Finance |
16 | | Authority created by
this Act.
|
17 | | (b) The term "project" means an industrial project, |
18 | | conservation project, housing project, public
purpose project, |
19 | | higher education project, health facility project, cultural
|
20 | | institution project, municipal bond program project, |
21 | | agricultural facility or agribusiness, and "project" may
|
22 | | include any combination of one or more of the foregoing |
23 | | undertaken jointly by
any person with one or more other |
24 | | persons.
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1 | | (c) The term "public purpose project" means any project or |
2 | | facility ,
including
without limitation land, buildings, |
3 | | structures, machinery, equipment and all
other real and |
4 | | personal property, which is authorized or required by law to be
|
5 | | acquired, constructed, improved, rehabilitated, reconstructed, |
6 | | replaced or
maintained by any unit of government or any other |
7 | | lawful public purpose which
is authorized or required by law to |
8 | | be undertaken by any unit of government.
|
9 | | (d) The term "industrial project" means the acquisition, |
10 | | construction,
refurbishment, creation, development or |
11 | | redevelopment of any facility,
equipment, machinery, real |
12 | | property or personal property for use by any
instrumentality of |
13 | | the State or its political subdivisions, for use by any
person |
14 | | or institution, public or private, for profit or not for |
15 | | profit, or for
use in any trade or business , including, but not |
16 | | limited to, any industrial,
manufacturing or commercial |
17 | | enterprise that is located within or outside the State, |
18 | | provided that, with respect to a project involving property |
19 | | located outside the State, the property must be owned, |
20 | | operated, leased or managed by an entity located within the |
21 | | State or an entity affiliated with an entity located within the |
22 | | State, and which is (1) a capital project ,
including , but not |
23 | | limited to: (i) land and any rights therein, one or more
|
24 | | buildings, structures or other improvements, machinery and |
25 | | equipment, whether
now existing or hereafter acquired, and |
26 | | whether or not located on the same site
or sites; (ii) all |
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1 | | appurtenances and facilities incidental to the foregoing,
|
2 | | including, but not limited to , utilities, access roads, |
3 | | railroad sidings, track,
docking and similar facilities, |
4 | | parking facilities, dockage, wharfage, railroad
roadbed, |
5 | | track, trestle, depot, terminal, switching and signaling or |
6 | | related
equipment, site preparation and landscaping; and (iii) |
7 | | all non-capital costs
and expenses relating thereto or (2) any |
8 | | addition to, renovation,
rehabilitation or
improvement of a |
9 | | capital project or (3) any activity or undertaking within or |
10 | | outside the State, provided that, with respect to a project |
11 | | involving property located outside the State, the property must |
12 | | be owned, operated, leased or managed by an entity located |
13 | | within the State or an entity affiliated with an entity located |
14 | | within the State, which the
Authority determines will aid, |
15 | | assist or encourage economic growth, development
or |
16 | | redevelopment within the State or any area thereof, will |
17 | | promote the
expansion, retention or diversification of |
18 | | employment opportunities within the
State or any area thereof |
19 | | or will aid in stabilizing or developing any industry
or |
20 | | economic sector of the State economy. The term "industrial |
21 | | project" 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), |
24 | | certificates and/or other evidences of
indebtedness |
25 | | representing an obligation to pay money, including refunding
|
26 | | bonds.
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1 | | (f) The terms "lease agreement" and "loan agreement" shall |
2 | | mean: (i) an
agreement whereby a project acquired by the |
3 | | Authority by purchase, gift or
lease
is leased to any person, |
4 | | corporation or unit of local government which will use
or cause |
5 | | the project to be used as a project as heretofore defined upon |
6 | | terms
providing for lease rental payments at least sufficient |
7 | | to pay when due all
principal of, interest and premium, if any, |
8 | | on any bonds of the Authority
issued
with respect to such |
9 | | project, providing for the maintenance, insuring and
operation |
10 | | of the project on terms satisfactory to the Authority, |
11 | | providing for
disposition of the project upon termination of |
12 | | the lease term, including
purchase options or abandonment of |
13 | | the premises, and such other terms as may be
deemed desirable |
14 | | by the Authority, or (ii) any agreement pursuant to which the
|
15 | | Authority agrees to loan the proceeds of its bonds issued with |
16 | | respect to a
project or other funds of the Authority to any |
17 | | person which will use or cause
the project to be used as a |
18 | | project as heretofore defined upon terms providing
for loan |
19 | | repayment installments at least sufficient to pay when due all
|
20 | | principal of, interest and premium, if any, on any bonds of the |
21 | | Authority, if
any, issued with respect to the project, and |
22 | | providing for maintenance,
insurance and other matters as may |
23 | | be deemed desirable by the Authority.
|
24 | | (g) The term "financial aid" means the expenditure of |
25 | | Authority funds or
funds provided by the Authority through the |
26 | | issuance of its bonds, notes or
other
evidences of indebtedness |
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1 | | or from other sources for the development,
construction, |
2 | | acquisition or improvement of a project.
|
3 | | (h) The term "person" means an individual, corporation, |
4 | | unit of government,
business trust, estate, trust, partnership |
5 | | or association, 2 or more persons
having a joint or common |
6 | | interest, or any other legal entity.
|
7 | | (i) The term "unit of government" means the federal |
8 | | government, the State or
unit of local government, a school |
9 | | district, or any agency or instrumentality,
office, officer, |
10 | | department, division, bureau, commission, college or
|
11 | | university thereof.
|
12 | | (j) The term "health facility" means: (a) any public or |
13 | | private institution,
place, building, or agency required to be |
14 | | licensed under the Hospital Licensing
Act; (b) any public or |
15 | | private institution, place, building, or agency required
to be |
16 | | licensed under the Nursing Home Care Act, the Specialized |
17 | | Mental Health Rehabilitation Act of 2013, or the ID/DD |
18 | | Community Care Act; (c)
any public or licensed private hospital |
19 | | as defined in the Mental Health and
Developmental Disabilities |
20 | | Code; (d) any such facility exempted from such
licensure when |
21 | | the Director of Public Health attests that such exempted
|
22 | | facility
meets the statutory definition of a facility subject |
23 | | to licensure; (e) any
other
public or private health service |
24 | | institution, place, building, or agency which
the Director of |
25 | | Public Health attests is subject to certification by the
|
26 | | Secretary, U.S. Department of Health and Human Services under |
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1 | | the Social
Security Act, as now or hereafter amended, or which |
2 | | the Director of Public
Health attests is subject to |
3 | | standard-setting by a recognized public or
voluntary |
4 | | accrediting or standard-setting agency; (f) any public or |
5 | | private
institution, place, building or agency engaged in |
6 | | providing one or more
supporting services to a health facility; |
7 | | (g) any public or private
institution,
place, building or |
8 | | agency engaged in providing training in the healing arts,
|
9 | | including , but not limited to , schools of medicine, dentistry, |
10 | | osteopathy,
optometry, podiatry, pharmacy or nursing, schools |
11 | | for the training of x-ray,
laboratory or other health care |
12 | | technicians and schools for the training of
para-professionals |
13 | | in the health care field; (h) any public or private
congregate, |
14 | | life or extended care or elderly housing facility or any public |
15 | | or
private home for the aged or infirm, including, without |
16 | | limitation, any
Facility as defined in the Life Care Facilities |
17 | | Act; (i) any public or private
mental, emotional or physical |
18 | | rehabilitation facility or any public or private
educational, |
19 | | counseling, or rehabilitation facility or home, for those |
20 | | persons
with a developmental disability, those who are |
21 | | physically ill or disabled, the
emotionally disturbed, those |
22 | | persons with a mental illness or persons with
learning or |
23 | | similar disabilities or problems; (j) any public or private
|
24 | | alcohol, drug or substance abuse diagnosis, counseling |
25 | | treatment or
rehabilitation
facility, (k) any public or private |
26 | | institution, place, building or agency
licensed by the |
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1 | | Department of Children and Family Services or which is not so
|
2 | | licensed but which the Director of Children and Family Services |
3 | | attests
provides child care, child welfare or other services of |
4 | | the type provided by
facilities
subject to such licensure; (l) |
5 | | any public or private adoption agency or
facility; and (m) any |
6 | | public or private blood bank or blood center. "Health
facility" |
7 | | also means a public or private structure or structures suitable
|
8 | | primarily for use as a laboratory, laundry, nurses or interns |
9 | | residence or
other housing or hotel facility used in whole or |
10 | | in part for staff, employees
or
students and their families, |
11 | | patients or relatives of patients admitted for
treatment or |
12 | | care in a health facility, or persons conducting business with |
13 | | a
health facility, physician's facility, surgicenter, |
14 | | administration building,
research facility, maintenance, |
15 | | storage or utility facility and all structures
or facilities |
16 | | related to any of the foregoing or required or useful for the
|
17 | | operation of a health facility, including parking or other |
18 | | facilities or other
supporting service structures required or |
19 | | useful for the orderly conduct of
such health facility. "Health |
20 | | facility" also means, with respect to a project located outside |
21 | | the State, any public or private institution, place, building, |
22 | | or agency which provides services similar to those described |
23 | | above, provided that such project is owned, operated, leased or |
24 | | managed by a participating health institution located within |
25 | | the State, or a participating health institution affiliated |
26 | | with an entity located within the State.
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1 | | (k) The term "participating health institution" means (i) a |
2 | | private corporation
or association or (ii) a public entity of |
3 | | this State, in either case authorized by the laws of this
State |
4 | | or the applicable state to provide or operate a health facility |
5 | | as defined in this Act and which,
pursuant to the provisions of |
6 | | this Act, undertakes the financing, construction
or |
7 | | acquisition of a project or undertakes the refunding or |
8 | | refinancing of
obligations, loans, indebtedness or advances as |
9 | | provided in this Act.
|
10 | | (l) The term "health facility project", means a specific |
11 | | health facility
work
or improvement to be financed or |
12 | | refinanced (including without limitation
through reimbursement |
13 | | of prior expenditures), acquired, constructed, enlarged,
|
14 | | remodeled, renovated, improved, furnished, or equipped, with |
15 | | funds provided in
whole or in part hereunder, any accounts |
16 | | receivable, working capital, liability
or insurance cost or |
17 | | operating expense financing or refinancing program of a
health |
18 | | facility with or involving funds provided in whole or in part |
19 | | hereunder,
or any combination thereof.
|
20 | | (m) The term "bond resolution" means the resolution or |
21 | | resolutions
authorizing the issuance of, or providing terms and |
22 | | conditions related to,
bonds issued
under this Act and |
23 | | includes, where appropriate, any trust agreement, trust
|
24 | | indenture, indenture of mortgage or deed of trust providing |
25 | | terms and
conditions for such bonds.
|
26 | | (n) The term "property" means any real, personal or mixed |
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1 | | property, whether
tangible or intangible, or any interest |
2 | | therein, including, without limitation,
any real estate, |
3 | | leasehold interests, appurtenances, buildings, easements,
|
4 | | equipment, furnishings, furniture, improvements, machinery, |
5 | | rights of way,
structures, accounts, contract rights or any |
6 | | interest therein.
|
7 | | (o) The term "revenues" means, with respect to any project, |
8 | | the rents, fees,
charges, interest, principal repayments, |
9 | | collections and other income or profit
derived therefrom.
|
10 | | (p) The term "higher education project" means, in the case |
11 | | of a private
institution of higher education, an educational |
12 | | facility to be acquired,
constructed, enlarged, remodeled, |
13 | | renovated, improved, furnished, or equipped,
or any |
14 | | combination thereof.
|
15 | | (q) The term "cultural institution project" means, in the |
16 | | case of a cultural
institution, a cultural facility to be |
17 | | acquired, constructed, enlarged,
remodeled, renovated, |
18 | | improved, furnished, or equipped, or any combination
thereof.
|
19 | | (r) The term "educational facility" means any property |
20 | | located within the
State, or any property located outside the |
21 | | State, provided that, if the property is located outside the |
22 | | State, it must be owned, operated, leased or managed by an |
23 | | entity located within the State or an entity affiliated with an |
24 | | entity located within the State, in each case
constructed or |
25 | | acquired before or after the effective date of this Act, which
|
26 | | is
or will be, in whole or in part, suitable for the |
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1 | | instruction, feeding,
recreation or housing of students, the |
2 | | conducting of research or other work of
a
private institution |
3 | | of higher education, the use by a private institution of
higher |
4 | | education in connection with any educational, research or |
5 | | related or
incidental activities then being or to be conducted |
6 | | by it, or any combination
of the foregoing, including, without |
7 | | limitation, any such property suitable for
use as or in |
8 | | connection with any one or more of the following: an academic
|
9 | | facility, administrative facility, agricultural facility, |
10 | | assembly hall,
athletic facility, auditorium, boating |
11 | | facility, campus, communication
facility,
computer facility, |
12 | | continuing education facility, classroom, dining hall,
|
13 | | dormitory, exhibition hall, fire fighting facility, fire |
14 | | prevention facility,
food service and preparation facility, |
15 | | gymnasium, greenhouse, health care
facility, hospital, |
16 | | housing, instructional facility, laboratory, library,
|
17 | | maintenance facility, medical facility, museum, offices, |
18 | | parking area,
physical education facility, recreational |
19 | | facility, research facility, stadium,
storage facility, |
20 | | student union, study facility, theatre or utility.
|
21 | | (s) The term "cultural facility" means any property located |
22 | | within the State, or any property located outside the State, |
23 | | provided that, if the property is located outside the State, it |
24 | | must be owned, operated, leased or managed by an entity located |
25 | | within the State or an entity affiliated with an entity located |
26 | | within the State, in each case
constructed or acquired before |
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1 | | or after the effective date of this Act, which
is or will be, |
2 | | in whole or in part, suitable for the particular purposes or
|
3 | | needs
of a cultural institution, including, without |
4 | | limitation, any such property
suitable for use as or in |
5 | | connection with any one or more of the following: an
|
6 | | administrative facility, aquarium, assembly hall, auditorium, |
7 | | botanical garden,
exhibition hall, gallery, greenhouse, |
8 | | library, museum, scientific laboratory,
theater or zoological |
9 | | facility, and shall also include, without limitation,
books, |
10 | | works of art or music, animal, plant or aquatic life or other |
11 | | items for
display, exhibition or performance. The term |
12 | | "cultural facility" includes
buildings on the National |
13 | | Register of Historic Places which are owned or
operated by |
14 | | nonprofit entities.
|
15 | | (t) "Private institution of higher education" means a |
16 | | not-for-profit
educational institution which is not owned by |
17 | | the State or any political
subdivision, agency, |
18 | | instrumentality, district or municipality thereof, which
is
|
19 | | authorized by law to provide a program of education beyond the |
20 | | high 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 |
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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 |
26 | | not-for-profit institution
which
is not owned by the State or |
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1 | | any political subdivision, agency,
instrumentality,
district |
2 | | or municipality thereof, which institution engages in, or |
3 | | facilitates
academic, scientific, educational or professional |
4 | | research or learning in a
field or fields of study taught at a |
5 | | private institution of higher education.
Academic institutions |
6 | | include, without limitation, libraries, archives,
academic, |
7 | | scientific, educational or professional societies, |
8 | | institutions,
associations or foundations having such |
9 | | purposes.
|
10 | | (v) The term "cultural institution" means any |
11 | | not-for-profit institution
which
is not owned by the State or |
12 | | any political subdivision, agency,
instrumentality,
district |
13 | | or municipality thereof, which institution engages in the |
14 | | cultural,
intellectual, scientific, educational or artistic |
15 | | enrichment of the people of
the State. Cultural institutions |
16 | | include, without limitation, aquaria,
botanical societies, |
17 | | historical societies, libraries, museums, performing arts
|
18 | | associations or societies, scientific societies and zoological |
19 | | societies.
|
20 | | (w) The term "affiliate" means, with respect to financing |
21 | | of an agricultural
facility or an agribusiness, any lender, any |
22 | | person, firm or corporation
controlled by, or under common |
23 | | control with, such lender, and any person, firm
or corporation |
24 | | controlling such lender.
|
25 | | (x) The term "agricultural facility" means land, any |
26 | | building or other
improvement thereon or thereto, and any |
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1 | | personal properties deemed necessary or
suitable for use, |
2 | | whether or not now in existence, in farming, ranching, the
|
3 | | production of agricultural commodities (including, without |
4 | | limitation, the
products of aquaculture, hydroponics and |
5 | | silviculture) or the treating,
processing or storing of such |
6 | | agricultural commodities when such activities are
customarily |
7 | | engaged in by farmers as a part of farming and which land, |
8 | | building, improvement or personal property is located within |
9 | | the State, or is located outside the State, provided , that , if |
10 | | such property is located outside the State, it must be owned, |
11 | | operated, leased, or managed by an entity located within the |
12 | | State or an entity affiliated with an entity located within the |
13 | | State.
|
14 | | (y) The term "lender" with respect to financing of an |
15 | | agricultural facility
or an agribusiness, means any federal or |
16 | | State chartered bank, Federal Land
Bank,
Production Credit |
17 | | Association, Bank for Cooperatives, federal or State
chartered |
18 | | savings and loan association or building and loan association, |
19 | | Small
Business
Investment Company or any other institution |
20 | | qualified within this State to
originate and service loans, |
21 | | including, but without limitation to, insurance
companies, |
22 | | credit unions and mortgage loan companies. "Lender" also means |
23 | | a
wholly owned subsidiary of a manufacturer, seller or |
24 | | distributor of goods or
services that makes loans to businesses |
25 | | or individuals, commonly known as a
"captive finance company".
|
26 | | (z) The term "agribusiness" means any sole proprietorship, |
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1 | | limited
partnership, co-partnership, joint venture, |
2 | | corporation or cooperative which
operates or will operate a |
3 | | facility located within the State or outside the State, |
4 | | provided , that , if any facility is located outside the State, |
5 | | it must be owned, operated, leased, or managed by an entity |
6 | | located within the State or an entity affiliated with an entity |
7 | | located within the State, that
is related to the
processing of |
8 | | agricultural commodities (including, without limitation, the
|
9 | | products of aquaculture, hydroponics and silviculture) or the |
10 | | manufacturing,
production or construction of agricultural |
11 | | buildings, structures, equipment,
implements, and supplies, or |
12 | | any other facilities or processes used in
agricultural |
13 | | production. Agribusiness includes but is not limited to the
|
14 | | following:
|
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;
|
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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.
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1 | | (aa) The term "asset" with respect to financing of any |
2 | | agricultural facility
or
any agribusiness, means, but is not |
3 | | limited to the following: cash crops or
feed on hand; livestock |
4 | | held for sale; breeding stock; marketable bonds and
securities; |
5 | | securities not readily marketable; accounts receivable; notes
|
6 | | receivable; cash invested in growing crops; net cash value of |
7 | | life insurance;
machinery and equipment; cars and trucks; farm |
8 | | and other real estate including
life estates and personal |
9 | | residence; value of beneficial interests in trusts;
government |
10 | | payments or grants; and any other assets.
|
11 | | (bb) The term "liability" with respect to financing of any |
12 | | agricultural
facility or any agribusiness shall include, but |
13 | | not be limited to the
following:
accounts payable; notes or |
14 | | other indebtedness owed to any source; taxes; rent;
amounts |
15 | | owed on real estate contracts or real estate mortgages; |
16 | | judgments;
accrued interest payable; and any other liability.
|
17 | | (cc) The term "Predecessor Authorities" means those |
18 | | authorities as described
in Section 845-75.
|
19 | | (dd) The term "housing project" means a specific work or |
20 | | improvement located within the State or outside the State and
|
21 | | undertaken
to provide residential dwelling accommodations, |
22 | | including the acquisition,
construction or rehabilitation of |
23 | | lands, buildings and community facilities and
in connection |
24 | | therewith to provide nonhousing facilities which are part of |
25 | | the
housing project, including land, buildings, improvements, |
26 | | equipment and all
ancillary facilities for use for offices, |
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1 | | stores, retirement homes, hotels,
financial institutions, |
2 | | service, health care, education, recreation or research
|
3 | | establishments, or any other commercial purpose which are or |
4 | | are to be related
to a housing development, provided that any |
5 | | work or improvement located outside the State is owned, |
6 | | operated, leased or managed by an entity located within the |
7 | | State, or any entity affiliated with an entity located within |
8 | | the State. |
9 | | (ee) The term "conservation project" means any project |
10 | | including the acquisition, construction, rehabilitation, |
11 | | maintenance, operation, or upgrade that is intended to create |
12 | | or expand open space or to reduce energy usage through |
13 | | efficiency measures. For the purpose of this definition, "open |
14 | | space" has the definition set forth under Section 10 of the |
15 | | Illinois Open Land Trust Act.
|
16 | | (ff) The term "significant presence" means the existence |
17 | | within the State of the national or regional headquarters of an |
18 | | entity or group or such other facility of an entity or group of |
19 | | entities where a significant amount of the business functions |
20 | | are performed for such entity or group of entities. |
21 | | (gg) The term "municipal bond issuer" means the State or |
22 | | any other state or commonwealth of the United States, or any |
23 | | unit of local government, school district, agency or |
24 | | instrumentality, office, department, division, bureau, |
25 | | commission, college or university thereof located in the State |
26 | | or any other state or commonwealth of the United States. |
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1 | | (hh) The term "municipal bond program project" means a |
2 | | program for the funding of the purchase of bonds, notes or |
3 | | other obligations issued by or on behalf of a municipal bond |
4 | | issuer. |
5 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, |
6 | | eff. 7-13-12; 98-90, eff. 7-15-13; 98-104, eff. 7-22-13; |
7 | | revised 8-9-13.)
|
8 | | Section 130. The Illinois Power Agency Act is amended by |
9 | | changing 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 |
13 | | Authority, through one or more Agency loan agreements, the net |
14 | | proceeds of revenue bonds for costs incurred in connection with |
15 | | the development and construction of a facility, provided that |
16 | | the stated maturity date of any of those revenue bonds shall |
17 | | not exceed 40 years from their respective issuance dates, (2) |
18 | | to accept prepayments from purchasers of electric energy from a |
19 | | project and to apply the same to costs incurred in connection |
20 | | with the development and construction of a facility, subject to |
21 | | any obligation to refund the same under the circumstances |
22 | | specified in the purchasers' contract for the purchase and sale |
23 | | of electric energy from that project, (3) to enter into leases |
24 | | or similar arrangements to finance the property constituting a |
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1 | | part of a project and associated costs incurred in connection |
2 | | with the development and construction of a facility, provided |
3 | | that the term of any such lease or similar arrangement shall |
4 | | not exceed 40 years from its inception, and (4) to enter into |
5 | | agreements for the sale of revenue bonds that bear interest at |
6 | | a rate or rates not exceeding the maximum rate permitted by the |
7 | | Bond Authorization Act. All Agency loan agreements shall |
8 | | include terms making the obligations thereunder subject to |
9 | | redemption before maturity. |
10 | | (b) The Agency may from time to time engage the services of |
11 | | the Authority, attorneys, appraisers, architects, engineers, |
12 | | accountants, credit analysts, bond underwriters, bond |
13 | | trustees, credit enhancement providers, and other financial |
14 | | professionals and consultants, if the Agency deems it |
15 | | advisable. |
16 | | (c) The Agency may pledge, as security for the payment of |
17 | | its revenue bonds in respect of a project, (1) revenues derived |
18 | | from the operation of the project in part or whole, (2) the |
19 | | real and personal property, machinery, equipment, structures, |
20 | | fixtures, and inventories directly associated with the |
21 | | project, (3) grants or other revenues or taxes expected to be |
22 | | received by the Agency directly linked to the project, (4) |
23 | | payments to be made by another governmental unit or other |
24 | | entity pursuant to a service, user, or other similar agreement |
25 | | with that governmental unit or other entity that is a result of |
26 | | the project, (5) any other revenues or moneys deposited or to |
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1 | | be deposited directly linked to the project, (6) all design, |
2 | | engineering, procurement, construction, installation, |
3 | | management, and operation agreements associated with the |
4 | | project, (7) any reserve or debt service funds created under |
5 | | the agreements governing the indebtedness, (8) the Illinois |
6 | | Power Agency Facilities Fund or the Illinois Power Agency Debt |
7 | | Service Fund, or (9) any combination thereof. Any such pledge |
8 | | shall be authorized in a writing, signed by the Director of the |
9 | | Agency, and then signed by the Governor of Illinois. At no time |
10 | | shall the funds contained in the Illinois Power Agency Trust |
11 | | Fund be pledged or used in any way to pay for the indebtedness |
12 | | of the Agency. The Director shall not authorize the issuance or |
13 | | grant of any pledge until he or she has certified that any |
14 | | associated project is in full compliance with Sections 1-85 and |
15 | | 1-86 of this Act. The certification shall be duly attached or |
16 | | referenced in the agreements reflecting the pledge. Any such |
17 | | pledge made by the Agency shall be valid and binding from the |
18 | | time the pledge is made. The revenues, property, or funds that |
19 | | are pledged and thereafter received by the Agency shall |
20 | | immediately be subject to the lien of the pledge without any |
21 | | physical delivery thereof or further act; and, subject only to |
22 | | the provisions of prior liens, the lien of the pledge shall be |
23 | | valid and binding as against all parties having claims of any |
24 | | kind in tort, contract, or otherwise against the Agency |
25 | | irrespective of whether the parties have notice thereof. All |
26 | | bonds issued on behalf of the Agency must be issued by the |
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1 | | Authority and must be revenue bonds. These revenue bonds may be |
2 | | taxable or tax-exempt. |
3 | | (d) All indebtedness issued by or on behalf of the Agency, |
4 | | including, without limitation, any revenue bonds issued by the |
5 | | Authority on behalf of the Agency, shall not be a debt of the |
6 | | State, the Authority, any political subdivision thereof (other |
7 | | than the Agency to the extent provided in agreements governing |
8 | | the indebtedness), any local government, any governmental |
9 | | aggregator as defined in the this Act, or any local government, |
10 | | and none of the State, the Authority, any political subdivision |
11 | | thereof (other than the Agency to the extent provided in |
12 | | agreements governing the indebtedness), any local government, |
13 | | or any government aggregator shall be liable thereon. Neither |
14 | | the Authority nor the Agency shall have the power to pledge the |
15 | | credit, the revenues, or the taxing power of the State, any |
16 | | political subdivision thereof (other than the Agency), any |
17 | | governmental aggregator, or of any local government, and |
18 | | neither the credit, the revenues, nor the taxing power of the |
19 | | State, any political subdivision thereof (other than the |
20 | | Agency), any governmental aggregator, or any local government |
21 | | shall be, or shall be deemed to be, pledged to the payment of |
22 | | any revenue bonds, notes, or other obligations of the Agency. |
23 | | In addition, the agreements governing any issue of indebtedness |
24 | | shall provide that all holders of that indebtedness, by virtue |
25 | | of their acquisition thereof, have agreed to waive and release |
26 | | all claims and causes of action against the State of Illinois |
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1 | | in respect of the indebtedness or any project associated |
2 | | therewith based on any theory of law. However, the waiver shall |
3 | | not prohibit the holders of indebtedness issued on behalf of |
4 | | the Agency from filing any cause of action against or |
5 | | recovering damages from the Agency, recovering from any |
6 | | property or funds pledged to secure the indebtedness, or |
7 | | recovering from any property or funds to which the Agency holds |
8 | | title, provided the property or funds are directly associated |
9 | | with the project for which the indebtedness was specifically |
10 | | issued. Each evidence of indebtedness of the Agency, including |
11 | | the revenue bonds issued by the Authority on behalf of the |
12 | | Agency, shall contain a clear and explicit statement of the |
13 | | provisions of this Section. |
14 | | (e) The Agency may from time to time enter into an |
15 | | agreement or agreements to defease indebtedness issued on its |
16 | | behalf or to refund, at maturity, at a redemption date or in |
17 | | advance of either, any indebtedness issued on its behalf or |
18 | | pursuant to redemption provisions or at any time before |
19 | | maturity. All such refunding indebtedness shall be subject to |
20 | | the requirements set forth in subsections (a), (c), and (d) of |
21 | | this Section. No revenue bonds issued to refund or advance |
22 | | refund revenue bonds issued under this Section may mature later |
23 | | than the longest maturity date of the series of bonds being |
24 | | refunded. After the aggregate original principal amount of |
25 | | revenue bonds authorized in this Section has been issued, the |
26 | | payment of any principal amount of those revenue bonds does not |
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1 | | authorize the issuance of additional revenue bonds (except |
2 | | refunding revenue bonds). |
3 | | (f) If the Agency fails to pay the principal of, interest, |
4 | | or premium, if any, on any indebtedness as the same becomes |
5 | | due, a civil action to compel payment may be instituted in the |
6 | | appropriate circuit court by the holder or holders of the |
7 | | indebtedness on which the default of payment exists or by any |
8 | | administrative agent, collateral agent, or indenture trustee |
9 | | acting on behalf of those holders. Delivery of a summons and a |
10 | | copy of the complaint to the Director of the Agency shall |
11 | | constitute sufficient service to give the circuit court |
12 | | jurisdiction over the subject matter of the suit and |
13 | | jurisdiction over the Agency and its officers named as |
14 | | defendants for the purpose of compelling that payment. Any |
15 | | case, controversy, or cause of action concerning the validity |
16 | | of this Act shall relate to the revenue of the Agency. Any such |
17 | | claims and related proceedings are subject in all respects to |
18 | | the provisions of subsection (d) of this Section. The State of |
19 | | Illinois shall not be liable or in any other way financially |
20 | | responsible for any indebtedness issued by or on behalf of the |
21 | | Agency or the performance or non-performance of any covenants |
22 | | associated with any such indebtedness. The foregoing statement |
23 | | shall not prohibit the holders of any indebtedness issued on |
24 | | behalf of the Agency from filing any cause of action against or |
25 | | recovering damages from the Agency recovering from any property |
26 | | pledged to secure that indebtedness or recovering from any |
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1 | | property or funds to which the Agency holds title provided such |
2 | | property or funds are directly associated with the project for |
3 | | which the indebtedness is specifically issued. |
4 | | (g) Upon each delivery of the revenue bonds authorized to |
5 | | be issued by the Authority under this Act, the Agency shall |
6 | | compute and certify to the State Comptroller the total amount |
7 | | of principal of and interest on the Agency loan agreement |
8 | | supporting the revenue bonds issued that will be payable in |
9 | | order to retire those revenue bonds and the amount of principal |
10 | | of and interest on the Agency loan agreement that will be |
11 | | payable on each payment date during the then current and each |
12 | | succeeding fiscal year. As soon as possible after the first day |
13 | | of each month, beginning on the date set forth in the Agency |
14 | | loan agreement where that date specifies when the Agency shall |
15 | | begin setting aside revenues and other moneys for repayment of |
16 | | the revenue bonds per the agreed to schedule, the Agency shall |
17 | | certify to the Comptroller and the Comptroller shall order |
18 | | transferred and the Treasurer shall transfer from the Illinois |
19 | | Power Agency Facilities Fund to the Illinois Power Agency Debt |
20 | | Service Fund for each month remaining in the State fiscal year |
21 | | a sum of money, appropriated for that purpose, equal to the |
22 | | result of the amount of principal of and interest on those |
23 | | revenue bonds payable on the next payment date divided by the |
24 | | number of full calendar months between the date of those |
25 | | revenue bonds, and the first such payment date, and thereafter |
26 | | divided by the number of months between each succeeding payment |
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1 | | date after the first. The Comptroller is authorized and |
2 | | directed to draw warrants on the State Treasurer from the |
3 | | Illinois Power Agency Facilities Fund and the Illinois Power |
4 | | Agency Debt Service Fund for the amount of all payments of |
5 | | principal and interest on the Agency loan agreement relating to |
6 | | the Authority revenue bonds issued under this Act. The State |
7 | | Treasurer or the State Comptroller shall deposit or cause to be |
8 | | deposited any amount of grants or other revenues expected to be |
9 | | received by the Agency that the Agency has pledged to the |
10 | | payment of revenue bonds directly into the Illinois Power |
11 | | Agency Debt Service Fund.
|
12 | | (Source: P.A. 95-481, eff. 8-28-07; revised 9-12-13.)
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13 | | (20 ILCS 3855/1-92) |
14 | | Sec. 1-92. Aggregation of electrical load by |
15 | | municipalities, townships, and counties. |
16 | | (a) The corporate authorities of a municipality, township |
17 | | board, or county board of a county
may
adopt an ordinance under |
18 | | which it may aggregate in accordance with this
Section |
19 | | residential and small commercial retail electrical loads |
20 | | located, respectively, within the
municipality, the township, |
21 | | or the unincorporated areas of the county and, for that |
22 | | purpose, may solicit bids and enter into service
agreements to |
23 | | facilitate
for those
loads the sale and purchase of electricity |
24 | | and related services and equipment. |
25 | | The corporate authorities, township board, or county
board |
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1 | | may also exercise such authority jointly with any other |
2 | | municipality, township, or county.
Two or
more
municipalities, |
3 | | townships, or counties, or a combination of both, may initiate |
4 | | a
process
jointly to authorize aggregation by a majority vote |
5 | | of each particular
municipality, township, or
county as |
6 | | required by this Section. |
7 | | If the corporate authorities, township board, or the county |
8 | | board seek to operate the aggregation program as an opt-out |
9 | | program for residential and small commercial retail customers, |
10 | | then prior to the adoption of an ordinance with respect to |
11 | | aggregation of residential and small commercial retail |
12 | | electric loads, the corporate authorities of a municipality, |
13 | | the township board, or the county board of a county shall |
14 | | submit a referendum to its residents to determine whether or |
15 | | not the aggregation program shall operate as an opt-out program |
16 | | for residential and small commercial retail customers. Any |
17 | | county board that seeks to submit such a referendum to its |
18 | | residents shall do so only in unincorporated areas of the |
19 | | county where no electric aggregation ordinance has been |
20 | | adopted. |
21 | | In addition to the notice and conduct requirements of the |
22 | | general election law, notice of the referendum shall state |
23 | | briefly the purpose of the referendum. The question of whether |
24 | | the corporate authorities, the township board, or the county |
25 | | board shall adopt an opt-out aggregation program for |
26 | | residential and small commercial retail customers shall be |
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1 | | submitted to the electors of the municipality, township board, |
2 | | or county board at a regular election and approved by a |
3 | | majority of the electors voting on the question. The corporate |
4 | | authorities, township board, or county board must certify to |
5 | | the proper election authority, which must submit the question |
6 | | at an election in accordance with the Election Code. |
7 | | The election authority must submit the question in |
8 | | substantially 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? |
14 | | The election authority must record the votes as "Yes" or "No". |
15 | | If a majority of the electors voting on the question vote |
16 | | in the affirmative, then the corporate authorities, township |
17 | | board, or county board may implement an opt-out aggregation |
18 | | program for residential and small commercial retail customers. |
19 | | A referendum must pass in each particular municipality, |
20 | | township, or county that is engaged in the aggregation program. |
21 | | If the referendum fails, then the corporate authorities, |
22 | | township board, or county board shall operate the aggregation |
23 | | program as an opt-in program for residential and small |
24 | | commercial retail customers. |
25 | | An
ordinance under this Section shall specify whether the |
26 | | aggregation will occur
only with
the prior consent of each |
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1 | | person owning, occupying, controlling, or using an
electric |
2 | | load
center proposed to be aggregated. Nothing in this Section,
|
3 | | however,
authorizes the aggregation of electric loads that are |
4 | | served or authorized to be served by an electric cooperative as |
5 | | defined by and pursuant to the Electric Supplier Act or loads |
6 | | served by a municipality that owns and operates its own |
7 | | electric distribution system. No
aggregation shall take
effect |
8 | | unless
approved by a majority of the members of the corporate |
9 | | authority, township board, or county board voting upon the |
10 | | ordinance.
|
11 | | A governmental aggregator under this Section is not a |
12 | | public utility or an
alternative retail electric supplier.
|
13 | | For purposes of this Section, "township" means the portion |
14 | | of a township that is an unincorporated portion of a county |
15 | | that is not otherwise a part of a municipality. In addition to |
16 | | such other limitations as are included in this Section, a |
17 | | township board shall only have authority to aggregate |
18 | | residential and small commercial customer loads in accordance |
19 | | with this Section if the county board of the county in which |
20 | | the township is located (i) is not also submitting a referendum |
21 | | to its residents at the same general election that the township |
22 | | board proposes to submit a referendum under this subsection |
23 | | (a), (ii) has not received authorization through passage of a |
24 | | referendum to operate an opt-out aggregation program for |
25 | | residential and small commercial retail customers under this |
26 | | subsection (a), and (iii) has not otherwise enacted an |
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1 | | ordinance under this subsection (a) authorizing the operation |
2 | | of an opt-in aggregation program for residential and small |
3 | | commercial retail customers as described in this Section. |
4 | | (b) Upon the applicable requisite authority under this |
5 | | Section, the corporate
authorities, the township board, or the |
6 | | county board, with assistance from the Illinois Power Agency, |
7 | | shall develop a plan of operation and
governance for the
|
8 | | aggregation program so authorized. Before adopting a plan under |
9 | | this Section,
the
corporate authorities, township board, or |
10 | | county board shall hold at least 2 public hearings on
the plan.
|
11 | | Before the first hearing, the corporate authorities, township |
12 | | board, or county board shall
publish notice of
the hearings |
13 | | once a week for 2 consecutive weeks in a newspaper of general
|
14 | | circulation
in the jurisdiction. The notice shall summarize the |
15 | | plan and state the date,
time, and
location of each hearing.
|
16 | | Any load aggregation plan established pursuant to this Section |
17 | | shall: |
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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1 | | other related services and awarding proposed agreements for the |
2 | | purchase of electricity and other related services shall be |
3 | | conducted 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 |
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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 |
23 | | receiving customer information from an electric utility shall |
24 | | be subject to the limitations on the disclosure of the |
25 | | information described in Section 16-122 of the Public Utilities |
26 | | Act and Section 2HH of the Consumer Fraud and Deceptive |
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1 | | Business Practices Act, and an electric utility shall not be |
2 | | held liable for any claims arising out of the provision of |
3 | | information pursuant to this item (2). |
4 | | (d) If the corporate authorities, township board, or county |
5 | | board operate under an opt-in program for residential and small |
6 | | commercial retail customers, then the corporate authorities, |
7 | | township board, or county board shall comply with all of the |
8 | | following: |
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 |
24 | | board operate as an opt-out program for residential and small |
25 | | commercial retail customers, then it shall be the duty of the |
26 | | aggregated entity to fully inform
residential and small |
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1 | | commercial retail customers in advance that they have the right |
2 | | to opt out of the aggregation program.
The disclosure shall |
3 | | prominently state all charges to be made and
shall include
full |
4 | | disclosure of the cost to obtain service pursuant to Section |
5 | | 16-103 of the Public Utilities Act, how
to access it,
and the |
6 | | fact that it is available to them without penalty, if they are
|
7 | | currently receiving
service under that Section. The Illinois |
8 | | Power Agency shall furnish, without charge, to
any citizen a
|
9 | | list of all supply options available to them in a format that
|
10 | | allows
comparison of prices and products. |
11 | | (f) Any person or entity retained by a municipality or |
12 | | county, or jointly by more than one such unit of local |
13 | | government, to provide input, guidance, or advice in the |
14 | | selection of an electricity supplier for an aggregation program |
15 | | shall disclose in writing to the involved units of local |
16 | | government the nature of any relationship through which the |
17 | | person or entity may receive, either directly or indirectly, |
18 | | commissions or other remuneration as a result of the selection |
19 | | of any particular electricity supplier. The written disclosure |
20 | | must be made prior to formal approval by the involved units of |
21 | | local government of any professional services agreement with |
22 | | the person or entity, or no later than October 1, 2012 with |
23 | | respect to any such professional services agreement entered |
24 | | into prior to the effective date of this amendatory Act of the |
25 | | 97th General Assembly. The disclosure shall cover all direct |
26 | | and indirect relationships through which commissions or |
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1 | | remuneration may result, including the pooling of commissions |
2 | | or remuneration among multiple persons or entities, and shall |
3 | | identify all involved electricity suppliers. The disclosure |
4 | | requirements in this subsection (f) are to be liberally |
5 | | construed to ensure that the nature of financial interests are |
6 | | fully revealed, and these disclosure requirements shall apply |
7 | | regardless of whether the involved person or entity is licensed |
8 | | under Section 16-115C of the Public Utilities Act. Any person |
9 | | or entity that fails to make the disclosure required under this |
10 | | subsection (f) is liable to the involved units of local |
11 | | government in an amount equal to all compensation paid to such |
12 | | person or entity by the units of local government for the |
13 | | input, guidance, or advice in the selection of an electricity |
14 | | supplier, plus reasonable attorneys fees and court costs |
15 | | incurred by the units of local government in connection with |
16 | | obtaining such amount. |
17 | | (g) The Illinois Power Agency shall provide assistance to |
18 | | municipalities, townships, counties, or associations working |
19 | | with municipalities to help complete the plan and bidding |
20 | | process. |
21 | | (h) This Section does not prohibit municipalities or |
22 | | counties from entering into an intergovernmental agreement to |
23 | | aggregate residential and small commercial retail electric |
24 | | loads.
|
25 | | (Source: P.A. 97-338, eff. 8-12-11; 97-823, eff. 7-18-12; |
26 | | 97-1067, eff. 8-24-12; 98-404, eff. 1-1-14; 98-434, eff. |
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1 | | 1-1-14; 98-463, eff. 8-16-13; revised 9-24-13.)
|
2 | | Section 135. The Addison Creek Restoration Commission Act |
3 | | is 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 |
8 | | Monday in December in each year, the Commission shall levy the |
9 | | general taxes for the Commission by general categories for the |
10 | | next fiscal year. A certified copy of the levy ordinance shall |
11 | | be filed with the county clerk of each county in which the that |
12 | | part of the territory of the Commission that is within the |
13 | | Addison Creek floodplain is located by the last Tuesday in |
14 | | December each year. |
15 | | (b) The amount of taxes levied for general corporate |
16 | | purposes for a fiscal year may not exceed the rate of .01% of |
17 | | the value, as equalized or assessed by the Department of |
18 | | Revenue, of the taxable property located within that part of |
19 | | the territory of the Commission that is within the Addison |
20 | | Creek floodplain, provided that the total amount levied and |
21 | | extended under this Section and Section 17, in the aggregate, |
22 | | in any single taxable year, shall not exceed $10,000,000. |
23 | | (c) This tax and tax rate are exclusive of the taxes |
24 | | required for the payment of the principal of and interest on |
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1 | | bonds. |
2 | | (d) The rate of the tax levied for general corporate |
3 | | purposes of the Commission may be initially imposed or |
4 | | thereafter increased, up to the maximum rate identified in |
5 | | subsection (b), by the Commission by a resolution calling for |
6 | | the submission of the question of imposing or increasing the |
7 | | rate to the voters of that part of the territory of the |
8 | | Commission that is within the Addison Creek floodplain in |
9 | | accordance with the general election law. The question must be |
10 | | in 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 |
18 | | proposition submitted, the following: "The approximate impact |
19 | | of the proposed (tax rate or increase) on the owner of a single |
20 | | family home having a market value of (insert value) would be |
21 | | (insert amount) in the first year of the (tax rate or increase) |
22 | | if the (tax rate or increase) is fully implemented." The ballot |
23 | | may have printed on it, but not as part of the proposition, one |
24 | | or both of the following: "The last tax rate extended for the |
25 | | purposes of the Commission was (insert rate). The last rate |
26 | | increase approved for the purposes of the Commission was in |
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1 | | (insert year)." No other information needs to be included on |
2 | | the ballot. |
3 | | The votes must be recorded as "Yes" or "No". |
4 | | If a majority of the electors voting on the question vote |
5 | | in 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; |
7 | | revised 9-24-13.)
|
8 | | Section 140. The Illinois Criminal Justice Information Act |
9 | | is 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 |
13 | | purposes
of this Act unless the context clearly denotes |
14 | | otherwise:
|
15 | | (a) The term "criminal justice system" includes all |
16 | | activities by
public agencies pertaining to the prevention or
|
17 | | reduction of crime or enforcement of the criminal law, and |
18 | | particularly,
but without limitation, the prevention, |
19 | | detection, and investigation of
crime; the apprehension of |
20 | | offenders; the protection of victims and
witnesses; the |
2 |