98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5597

Introduced , by Rep. Barbara Flynn Currie

SYNOPSIS AS INTRODUCED:

See Index

Creates the First 2014 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.

LRB098 15874 AMC 50917 b

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB5597

LRB098 15874 AMC 50917 b

1 AN ACT to revise the law by combining multiple enactments

2 and making technical corrections.

3 Be it enacted by the People of the State of Illinois,

4 represented in the General Assembly:

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 In certain cases in which a repealed Act or Section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16 incorporate amendments to the repealed Act or Section into the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

HB5597

- 2 -

LRB098 15874 AMC 50917 b

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.

9 Section 5. The Regulatory Sunset Act is amended by changing

10 Section 4.34 as follows:

11 (5 ILCS 80/4.34)

12 Sec. 4.34. Acts and Section ~~Act~~ repealed on January 1,

13 2024. The following Acts andSection of an Actare ~~is~~repealed

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.

HB5597

- 3 -

LRB098 15874 AMC 50917 b

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.)

7 Section 10. The Open Meetings Act is amended by changing

8 Section 2 as follows:

9 (5 ILCS 120/2) (from Ch. 102, par. 42)

10 Sec. 2. Open meetings.

11 (a) Openness required. All meetings of public bodies shall

12 be open to the public unless excepted in subsection (c) and

13 closed in accordance with Section 2a.

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.

21 (c) Exceptions. A public body may hold closed meetings to

22 consider the following subjects:

23 (1) The appointment, employment, compensation,

24 discipline, performance, or dismissal of specific

HB5597

- 4 -

LRB098 15874 AMC 50917 b

1 employees of the public body or legal counsel for the

2 public body, including hearing testimony on a complaint

3 lodged against an employee of the public body or against

4 legal counsel for the public body to determine its

5 validity.

6 (2) Collective negotiating matters between the public

7 body and its employees or their representatives, or

8 deliberations concerning salary schedules for one or more

9 classes of employees.

10 (3) The selection of a person to fill a public office,

11 as defined in this Act, including a vacancy in a public

12 office, when the public body is given power to appoint

13 under law or ordinance, or the discipline, performance or

14 removal of the occupant of a public office, when the public

15 body is given power to remove the occupant under law or

16 ordinance.

17 (4) Evidence or testimony presented in open hearing, or

18 in closed hearing where specifically authorized by law, to

19 a quasi-adjudicative body, as defined in this Act, provided

20 that the body prepares and makes available for public

21 inspection a written decision setting forth its

22 determinative reasoning.

23 (5) The purchase or lease of real property for the use

24 of the public body, including meetings held for the purpose

25 of discussing whether a particular parcel should be

26 acquired.

HB5597

- 5 -

LRB098 15874 AMC 50917 b

1 (6) The setting of a price for sale or lease of

2 property owned by the public body.

3 (7) The sale or purchase of securities, investments, or

4 investment contracts. This exception shall not apply to the

5 investment of assets or income of funds deposited into the

6 Illinois Prepaid Tuition Trust Fund.

7 (8) Security procedures and the use of personnel and

8 equipment to respond to an actual, a threatened, or a

9 reasonably potential danger to the safety of employees,

10 students, staff, the public, or public property.

11 (9) Student disciplinary cases.

12 (10) The placement of individual students in special

13 education programs and other matters relating to

14 individual students.

15 (11) Litigation, when an action against, affecting or

16 on behalf of the particular public body has been filed and

17 is pending before a court or administrative tribunal, or

18 when the public body finds that an action is probable or

19 imminent, in which case the basis for the finding shall be

20 recorded and entered into the minutes of the closed

21 meeting.

22 (12) The establishment of reserves or settlement of

23 claims as provided in the Local Governmental and

24 Governmental Employees Tort Immunity Act, if otherwise the

25 disposition of a claim or potential claim might be

26 prejudiced, or the review or discussion of claims, loss or

HB5597

- 6 -

LRB098 15874 AMC 50917 b

1 risk management information, records, data, advice or

2 communications from or with respect to any insurer of the

3 public body or any intergovernmental risk management

4 association or self insurance pool of which the public body

5 is a member.

6 (13) Conciliation of complaints of discrimination in

7 the sale or rental of housing, when closed meetings are

8 authorized by the law or ordinance prescribing fair housing

9 practices and creating a commission or administrative

10 agency for their enforcement.

11 (14) Informant sources, the hiring or assignment of

12 undercover personnel or equipment, or ongoing, prior or

13 future criminal investigations, when discussed by a public

14 body with criminal investigatory responsibilities.

15 (15) Professional ethics or performance when

16 considered by an advisory body appointed to advise a

17 licensing or regulatory agency on matters germane to the

18 advisory body's field of competence.

19 (16) Self evaluation, practices and procedures or

20 professional ethics, when meeting with a representative of

21 a statewide association of which the public body is a

22 member.

23 (17) The recruitment, credentialing, discipline or

24 formal peer review of physicians or other health care

25 professionals for a hospital, or other institution

26 providing medical care, that is operated by the public

HB5597

- 7 -

LRB098 15874 AMC 50917 b

1 body.

2 (18) Deliberations for decisions of the Prisoner

3 Review Board.

4 (19) Review or discussion of applications received

5 under the Experimental Organ Transplantation Procedures

6 Act.

7 (20) The classification and discussion of matters

8 classified as confidential or continued confidential by

9 the State Government Suggestion Award Board.

10 (21) Discussion of minutes of meetings lawfully closed

11 under this Act, whether for purposes of approval by the

12 body of the minutes or semi-annual review of the minutes as

13 mandated by Section 2.06.

14 (22) Deliberations for decisions of the State

15 Emergency Medical Services Disciplinary Review Board.

16 (23) The operation by a municipality of a municipal

17 utility or the operation of a municipal power agency or

18 municipal natural gas agency when the discussion involves

19 (i) contracts relating to the purchase, sale, or delivery

20 of electricity or natural gas or (ii) the results or

21 conclusions of load forecast studies.

22 (24) Meetings of a residential health care facility

23 resident sexual assault and death review team or the

24 Executive Council under the Abuse Prevention Review Team

25 Act.

26 (25) Meetings of an independent team of experts under

HB5597

- 8 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 9 -

LRB098 15874 AMC 50917 b

1 (d) Definitions. For purposes of this Section:

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.

6 "Public office" means a position created by or under the

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

12 established by law or by a public body itself, that exist to

13 assist the body in the conduct of its business.

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.

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.

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

HB5597

- 10 -

LRB098 15874 AMC 50917 b

1 7-23-13.)

2 Section 15. The Freedom of Information Act is amended by

3 changing Sections 3.2 and 7.5 as follows:

4 (5 ILCS 140/3.2)

5 Sec. 3.2. Recurrent requesters.

6 (a) Notwithstanding ~~Nothwithstanding~~ any provision of this

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

HB5597

- 11 -

LRB098 15874 AMC 50917 b

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.

10 (Source: P.A. 97-579, eff. 8-26-11; revised 9-4-13.)

11 (5 ILCS 140/7.5)

12 Sec. 7.5. Statutory Exemptions. To the extent provided for

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

HB5597

- 12 -

LRB098 15874 AMC 50917 b

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

HB5597

- 13 -

LRB098 15874 AMC 50917 b

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

HB5597

- 14 -

LRB098 15874 AMC 50917 b

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.

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,

HB5597

- 15 -

LRB098 15874 AMC 50917 b

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.)

24 Section 20. The State Employee Indemnification Act is

25 amended by changing Section 1 as follows:

HB5597

- 16 -

LRB098 15874 AMC 50917 b

1 (5 ILCS 350/1) (from Ch. 127, par. 1301)

2 Sec. 1. Definitions. For the purpose of this Act:

3 (a) The term "State" means the State of Illinois, the

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

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.

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

HB5597

- 17 -

LRB098 15874 AMC 50917 b

1 Veterans' Affairs to provide services, individuals or

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

HB5597

- 18 -

LRB098 15874 AMC 50917 b

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:

HB5597

- 19 -

LRB098 15874 AMC 50917 b

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

HB5597

- 20 -

LRB098 15874 AMC 50917 b

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

HB5597

- 21 -

LRB098 15874 AMC 50917 b

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

HB5597

- 22 -

LRB098 15874 AMC 50917 b

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

HB5597

- 23 -

LRB098 15874 AMC 50917 b

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

HB5597

- 24 -

LRB098 15874 AMC 50917 b

1 identification number provided by the applicant matches

2 the driver's license or State identification card number

3 for that person on file with the Secretary of State;

4 (2) that the date of issuance of the Illinois driver's

5 license or State identification card listed on the

6 application matches the date of issuance of that card for

7 that person on file with the Secretary of State;

8 (3) that the date of birth provided by the applicant

9 matches the date of birth for that person on file with the

10 Secretary of State; and

11 (4) that the last 4 digits of the applicant's social

12 security number matches the last 4 ~~four~~ digits for that

13 person on file with the Secretary of State.

14 (h) If the information provided by the applicant matches

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

HB5597

- 25 -

LRB098 15874 AMC 50917 b

1 having jurisdiction over the applicant's voter

2 registration: (i) the application, along with the

3 applicant's relevant data that can be directly loaded into

4 the jurisdiction's voter registration system and (ii) a

5 copy of the applicant's electronic signature and a

6 certification from the State Board of Elections that the

7 applicant's driver's license or State identification card

8 number, driver's license or State identification card date

9 of issuance, and date of birth and social security

10 information have been successfully matched.

11 (i) Upon receipt of the online voter registration

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

HB5597

- 26 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 27 -

LRB098 15874 AMC 50917 b

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.)

HB5597

- 28 -

LRB098 15874 AMC 50917 b

1 (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)

2 Sec. 4-10. Except as herein provided, no person shall be

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

HB5597

- 29 -

LRB098 15874 AMC 50917 b

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

HB5597

- 30 -

LRB098 15874 AMC 50917 b

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

HB5597

- 31 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 32 -

LRB098 15874 AMC 50917 b

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

HB5597

- 33 -

LRB098 15874 AMC 50917 b

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.

..............................

(His or her signature or mark)

9 Subscribed and sworn to before me, an officer qualified to

10 administer oaths, on (insert date).

........................................

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

HB5597

- 34 -

LRB098 15874 AMC 50917 b

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

HB5597

- 35 -

LRB098 15874 AMC 50917 b

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

HB5597

- 36 -

LRB098 15874 AMC 50917 b

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.

...........................

(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.

HB5597

- 37 -

LRB098 15874 AMC 50917 b

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

HB5597

- 38 -

LRB098 15874 AMC 50917 b

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.

..............................

HB5597

- 39 -

LRB098 15874 AMC 50917 b

(His or her signature or mark)

2 Subscribed and sworn to before me, an officer qualified to

3 administer oaths, on (insert date).

........................................

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

HB5597

- 40 -

LRB098 15874 AMC 50917 b

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

HB5597

- 41 -

LRB098 15874 AMC 50917 b

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

HB5597

- 42 -

LRB098 15874 AMC 50917 b

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.)

HB5597

- 43 -

LRB098 15874 AMC 50917 b

1 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)

2 Sec. 19-4. Mailing or delivery of ballots; time. ~~ballots -~~

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

HB5597

- 44 -

LRB098 15874 AMC 50917 b

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

HB5597

- 45 -

LRB098 15874 AMC 50917 b

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

HB5597

- 46 -

LRB098 15874 AMC 50917 b

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

HB5597

- 47 -

LRB098 15874 AMC 50917 b

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

HB5597

- 48 -

LRB098 15874 AMC 50917 b

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

HB5597

- 49 -

LRB098 15874 AMC 50917 b

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

HB5597

- 50 -

LRB098 15874 AMC 50917 b

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

HB5597

- 51 -

LRB098 15874 AMC 50917 b

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,

HB5597

- 52 -

LRB098 15874 AMC 50917 b

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

HB5597

- 53 -

LRB098 15874 AMC 50917 b

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

HB5597

- 54 -

LRB098 15874 AMC 50917 b

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

HB5597

- 55 -

LRB098 15874 AMC 50917 b

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

HB5597

- 56 -

LRB098 15874 AMC 50917 b

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

HB5597

- 57 -

LRB098 15874 AMC 50917 b

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

HB5597

- 58 -

LRB098 15874 AMC 50917 b

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

HB5597

- 59 -

LRB098 15874 AMC 50917 b

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

HB5597

- 60 -

LRB098 15874 AMC 50917 b

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

HB5597

- 61 -

LRB098 15874 AMC 50917 b

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.)

HB5597

- 62 -

LRB098 15874 AMC 50917 b

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 inthe 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

HB5597

- 63 -

LRB098 15874 AMC 50917 b

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

HB5597

- 64 -

LRB098 15874 AMC 50917 b

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

HB5597

- 65 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 66 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 67 -

LRB098 15874 AMC 50917 b

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

HB5597

- 68 -

LRB098 15874 AMC 50917 b

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

HB5597

- 69 -

LRB098 15874 AMC 50917 b

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

HB5597

- 70 -

LRB098 15874 AMC 50917 b

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

HB5597

- 71 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 72 -

LRB098 15874 AMC 50917 b

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

HB5597

- 73 -

LRB098 15874 AMC 50917 b

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

HB5597

- 74 -

LRB098 15874 AMC 50917 b

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

HB5597

- 75 -

LRB098 15874 AMC 50917 b

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,

HB5597

- 76 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 77 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 78 -

LRB098 15874 AMC 50917 b

1 (viii) Status of position as subject to collective

2 bargaining, subject to merit compensation, or exempt

3 under Section 4d of the Personnel Code.

4 (ix) Employment status as probationary, trainee,

5 intern, certified, or exempt from certification.

6 (x) Status as a military veteran.

7 (7) A searchable database of all current county,

8 township, library district, and municipal employees sorted

9 separately by:

10 (i) Employing unit of local government.

11 (ii) Employment position title.

12 (iii) Current pay rate and year-to-date pay.

13 (8) A searchable database of all county, township, and

14 municipal employees hired on or after the effective date of

15 this amendatory Act of the 97th General Assembly, sorted

16 separately by each of the following at the time of

17 employment:

18 (i) Employing unit of local government.

19 (ii) Employment position title.

20 (iii) Current pay rate and year-to-date pay.

21 (9) A searchable database of all library district

22 employees hired on or after August 9, 2013 (the effective

23 date of Public Act 98-246) ~~this amendatory Act of the 98th~~

24 ~~General Assembly~~, sorted separately by each of the

25 following at the time of employment:

26 (i) Employing unit of local government.

HB5597

- 79 -

LRB098 15874 AMC 50917 b

1 (ii) Employment position title.

2 (iii) Current pay rate and year-to-date pay.

3 (d) The ITAP shall include all information required to be

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

HB5597

- 80 -

LRB098 15874 AMC 50917 b

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

HB5597

- 81 -

LRB098 15874 AMC 50917 b

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

HB5597

- 82 -

LRB098 15874 AMC 50917 b

1 and the families when the child can be cared for at

2 home without endangering the child's health and

3 safety;

4 (E) placing children in suitable adoptive homes,

5 in cases where restoration to the biological family is

6 not safe, possible or appropriate;

7 (F) assuring safe and adequate care of children

8 away from their homes, in cases where the child cannot

9 be returned home or cannot be placed for adoption. At

10 the time of placement, the Department shall consider

11 concurrent planning, as described in subsection (l-1)

12 of this Section so that permanency may occur at the

13 earliest opportunity. Consideration should be given so

14 that if reunification fails or is delayed, the

15 placement made is the best available placement to

16 provide permanency for the child;

17 (G) (blank);

18 (H) (blank); and

19 (I) placing and maintaining children in facilities

20 that provide separate living quarters for children

21 under the age of 18 and for children 18 years of age

22 and older, unless a child 18 years of age is in the

23 last year of high school education or vocational

24 training, in an approved individual or group treatment

25 program, in a licensed shelter facility, or secure

26 child care facility. The Department is not required to

HB5597

- 83 -

LRB098 15874 AMC 50917 b

1 place or maintain children:

2 (i) who are in a foster home, or

3 (ii) who are persons with a developmental

4 disability, as defined in the Mental Health and

5 Developmental Disabilities Code, or

6 (iii) who are female children who are

7 pregnant, pregnant and parenting or parenting, or

8 (iv) who are siblings, in facilities that

9 provide separate living quarters for children 18

10 years of age and older and for children under 18

11 years of age.

12 (b) Nothing in this Section shall be construed to authorize

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

HB5597

- 84 -

LRB098 15874 AMC 50917 b

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

HB5597

- 85 -

LRB098 15874 AMC 50917 b

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;

HB5597

- 86 -

LRB098 15874 AMC 50917 b

1 (2) homemakers;

2 (3) counseling;

3 (4) parent education;

4 (5) day care; and

5 (6) emergency assistance and advocacy.

6 In addition, the following services may be made available

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

HB5597

- 87 -

LRB098 15874 AMC 50917 b

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

HB5597

- 88 -

LRB098 15874 AMC 50917 b

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

HB5597

- 89 -

LRB098 15874 AMC 50917 b

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

HB5597

- 90 -

LRB098 15874 AMC 50917 b

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

HB5597

- 91 -

LRB098 15874 AMC 50917 b

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

HB5597

- 92 -

LRB098 15874 AMC 50917 b

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

HB5597

- 93 -

LRB098 15874 AMC 50917 b

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

HB5597

- 94 -

LRB098 15874 AMC 50917 b

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

HB5597

- 95 -

LRB098 15874 AMC 50917 b

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,

HB5597

- 96 -

LRB098 15874 AMC 50917 b

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

HB5597

- 97 -

LRB098 15874 AMC 50917 b

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

HB5597

- 98 -

LRB098 15874 AMC 50917 b

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

HB5597

- 99 -

LRB098 15874 AMC 50917 b

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

HB5597

- 100 -

LRB098 15874 AMC 50917 b

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

HB5597

- 101 -

LRB098 15874 AMC 50917 b

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

HB5597

- 102 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 103 -

LRB098 15874 AMC 50917 b

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

HB5597

- 104 -

LRB098 15874 AMC 50917 b

1 immunization records (including insurance and medical card

2 information), a history of the child's previous

3 placements, if any, and reasons for placement changes

4 excluding any information that identifies or reveals the

5 location of any previous caretaker;

6 (2) a copy of the child's portion of the client service

7 plan, including any visitation arrangement, and all

8 amendments or revisions to it as related to the child; and

9 (3) information containing details of the child's

10 individualized educational plan when the child is

11 receiving special education services.

12 The caretaker shall be informed of any known social or

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.

HB5597

- 105 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 106 -

LRB098 15874 AMC 50917 b

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

HB5597

- 107 -

LRB098 15874 AMC 50917 b

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

HB5597

- 108 -

LRB098 15874 AMC 50917 b

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

HB5597

- 109 -

LRB098 15874 AMC 50917 b

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:

HB5597

- 110 -

LRB098 15874 AMC 50917 b

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

HB5597

- 111 -

LRB098 15874 AMC 50917 b

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)

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

HB5597

- 112 -

LRB098 15874 AMC 50917 b

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

HB5597

- 113 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 114 -

LRB098 15874 AMC 50917 b

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

HB5597

- 115 -

LRB098 15874 AMC 50917 b

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

HB5597

- 116 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 117 -

LRB098 15874 AMC 50917 b

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

HB5597

- 118 -

LRB098 15874 AMC 50917 b

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

HB5597

- 119 -

LRB098 15874 AMC 50917 b

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;

HB5597

- 120 -

LRB098 15874 AMC 50917 b

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

HB5597

- 121 -

LRB098 15874 AMC 50917 b

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

HB5597

- 122 -

LRB098 15874 AMC 50917 b

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

HB5597

- 123 -

LRB098 15874 AMC 50917 b

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

HB5597

- 124 -

LRB098 15874 AMC 50917 b

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

HB5597

- 125 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 126 -

LRB098 15874 AMC 50917 b

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,

HB5597

- 127 -

LRB098 15874 AMC 50917 b

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

HB5597

- 128 -

LRB098 15874 AMC 50917 b

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

HB5597

- 129 -

LRB098 15874 AMC 50917 b

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

HB5597

- 130 -

LRB098 15874 AMC 50917 b

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

HB5597

- 131 -

LRB098 15874 AMC 50917 b

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

HB5597

- 132 -

LRB098 15874 AMC 50917 b

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

HB5597

- 133 -

LRB098 15874 AMC 50917 b

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

HB5597

- 134 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 135 -

LRB098 15874 AMC 50917 b

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

HB5597

- 136 -

LRB098 15874 AMC 50917 b

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:

HB5597

- 137 -

LRB098 15874 AMC 50917 b

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

HB5597

- 138 -

LRB098 15874 AMC 50917 b

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

HB5597

- 139 -

LRB098 15874 AMC 50917 b

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,

HB5597

- 140 -

LRB098 15874 AMC 50917 b

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

HB5597

- 141 -

LRB098 15874 AMC 50917 b

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

HB5597

- 142 -

LRB098 15874 AMC 50917 b

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

HB5597

- 143 -

LRB098 15874 AMC 50917 b

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

HB5597

- 144 -

LRB098 15874 AMC 50917 b

1 alarming disparity between the percentage of the

2 population that is infected with one of these blood

3 viruses, but unaware that they are infected.

4 (5) In light of the widely varied nature of the risk

5 factors mentioned in this subsection (a), the previous

6 findings by the Institute of Medicine, and the clear

7 evidence of the disproportional public awareness between

8 HIV and viral hepatitis, it is clearly in the public

9 interest for this State to establish a task force to gather

10 testimony and develop an action plan to (A) increase public

11 awareness of the risk factors for these viruses, (B)

12 improve access to screening for these viruses, and (C)

13 provide those infected with information about the

14 prognosis, treatment options, and elevated risk of

15 developing cirrhosis and liver cancer. There is clear and

16 increasing evidence that many adults in Illinois and in the

17 United States have at least one of the risk factors

18 mentioned in this subsection (a).

19 (6) The General Assembly also finds that it is in the

20 public interest to bring communities of Illinois-based

21 veterans of American military service into familiarity

22 with the issues created by this disease, because many

23 veterans, especially Vietnam-era veterans, have at least

24 one of the previously enumerated risk factors and are

25 especially prone to being affected by this disease; and

26 because veterans of American military service should enjoy

HB5597

- 145 -

LRB098 15874 AMC 50917 b

1 in all cases, and do enjoy in most cases, adequate access

2 to health care services that include medical management and

3 care for preexisting and long-term medical conditions,

4 such as infection with the hepatitis virus.

5 (b) There is established the Hepatitis C Task Force within

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

HB5597

- 146 -

LRB098 15874 AMC 50917 b

1 (3) four members of the General Assembly, appointed one

2 each by the President of the Senate, the Minority Leader of

3 the Senate, the Speaker of the House of Representatives,

4 and the Minority Leader of the House of Representatives.

5 Vacancies in the membership of the Task Force shall be

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

HB5597

- 147 -

LRB098 15874 AMC 50917 b

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

HB5597

- 148 -

LRB098 15874 AMC 50917 b

1 symptoms can include visual disturbances, muscle weakness,

2 trouble with coordination and balance, sensations such as

3 numbness, prickling or pins and needles, and thought and

4 memory problems. MS patients can also experience partial or

5 complete paralysis, speech impediments, tremors,

6 dizziness, stiffness and spasms, fatigue, paresthesias,

7 pain, and loss of sensation.

8 (3) The cause of MS remains unknown; however, having a

9 first-degree relative, such as a parent or sibling, with MS

10 significantly increases a person's risk of developing the

11 disease. According to the National Institute of

12 Neurological Disorders and Stroke, it is estimated that

13 there are approximately 250,000 to 350,000 persons in the

14 United States who are diagnosed with MS. This estimate

15 suggests that approximately 200 new cases are diagnosed

16 each week. Other sources report a population of at least

17 400,000 in the United States. The estimate of persons with

18 MS in Illinois is 20,000, with at least 2 areas of MS

19 clusters identified in Illinois.

20 (4) Presently, there is no cure for MS. The complex and

21 variable nature of the disease makes it very difficult to

22 diagnose, treat, and research. The cost to the family,

23 often with young children, can be overwhelming. Among

24 common diagnoses, non-stroke neurologic illnesses, such as

25 multiple sclerosis, were associated with the highest

26 out-of-pocket expenditures (a mean of $34,167), followed

HB5597

- 149 -

LRB098 15874 AMC 50917 b

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

HB5597

- 150 -

LRB098 15874 AMC 50917 b

1 options that may be available; and

2 (3) develop strategies to improve multiple sclerosis

3 education and awareness.

4 (c) The Task Force shall consist of 16 members as follows:

5 (1) the Director of Public Health and the Director of

6 Human Services, or their designees, who shall serve ex

7 officio; and

8 (2) fourteen public members, who shall be appointed by

9 the Director of Public Health as follows: 2 neurologists

10 licensed to practice medicine in this State; 3 registered

11 nurses or other health professionals with MS certification

12 and extensive expertise with progressed MS; one person upon

13 the recommendation of the National Multiple Sclerosis

14 Society; 3 persons who represent agencies that provide

15 services or support to individuals with MS in this State; 3

16 persons who have MS, at least one of whom having progressed

17 MS; and 2 members of the public with a demonstrated

18 expertise in issues relating to the work of the Task Force.

19 Vacancies in the membership of the Task Force shall be

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.

HB5597

- 151 -

LRB098 15874 AMC 50917 b

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

HB5597

- 152 -

LRB098 15874 AMC 50917 b

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,

HB5597

- 153 -

LRB098 15874 AMC 50917 b

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

HB5597

- 154 -

LRB098 15874 AMC 50917 b

1 following criteria:

2 (1) It is attributable to a physical impairment.

3 (2) It results in a substantial functional limitation

4 in any of the following areas of major life activity: (i)

5 self-care, (ii) receptive and expressive language, (iii)

6 learning, (iv) mobility, (v) self-direction, (vi) capacity

7 for independent living, and (vii) economic sufficiency.

8 (3) It reflects the person's need for a combination and

9 sequence of special, interdisciplinary, or general care,

10 treatment, or other services that are of lifelong or of

11 extended duration and must be individually planned and

12 coordinated.

13 (b) In this Act:

14 "Chronological age-appropriate services" means services,

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

HB5597

- 155 -

LRB098 15874 AMC 50917 b

1 Services, and the Illinois State Board of Education, where

2 appropriate, as designated in the implementation plan

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)

HB5597

- 156 -

LRB098 15874 AMC 50917 b

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.

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

HB5597

- 157 -

LRB098 15874 AMC 50917 b

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.)

24 (20 ILCS 2605/2605-600)

25 Sec. 2605-600 ~~2605-595~~. Crimes Against Police Officers

HB5597

- 158 -

LRB098 15874 AMC 50917 b

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;

HB5597

- 159 -

LRB098 15874 AMC 50917 b

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)

HB5597

- 160 -

LRB098 15874 AMC 50917 b

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.

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),

HB5597

- 161 -

LRB098 15874 AMC 50917 b

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))

HB5597

- 162 -

LRB098 15874 AMC 50917 b

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

HB5597

- 163 -

LRB098 15874 AMC 50917 b

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

HB5597

- 164 -

LRB098 15874 AMC 50917 b

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"

HB5597

- 165 -

LRB098 15874 AMC 50917 b

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

HB5597

- 166 -

LRB098 15874 AMC 50917 b

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;

HB5597

- 167 -

LRB098 15874 AMC 50917 b

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);

HB5597

- 168 -

LRB098 15874 AMC 50917 b

1 (v) the charge results in acquittal,

2 dismissal, or the petitioner's release without

3 conviction; or

4 (vi) the charge results in a conviction, but

5 the conviction was reversed or vacated.

6 (b) Expungement.

7 (1) A petitioner may petition the circuit court to

8 expunge the records of his or her arrests and charges not

9 initiated by arrest when:

10 (A) He or she has never been convicted of a

11 criminal offense; and

12 (B) Each arrest or charge not initiated by arrest

13 sought to be expunged resulted in: (i) acquittal,

14 dismissal, or the petitioner's release without

15 charging, unless excluded by subsection (a)(3)(B);

16 (ii) a conviction which was vacated or reversed, unless

17 excluded by subsection (a)(3)(B); (iii) an order of

18 supervision and such supervision was successfully

19 completed by the petitioner, unless excluded by

20 subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of

21 qualified probation (as defined in subsection

22 (a)(1)(J)) and such probation was successfully

23 completed by the petitioner.

24 (2) Time frame for filing a petition to expunge.

25 (A) When the arrest or charge not initiated by

26 arrest sought to be expunged resulted in an acquittal,

HB5597

- 169 -

LRB098 15874 AMC 50917 b

1 dismissal, the petitioner's release without charging,

2 or the reversal or vacation of a conviction, there is

3 no waiting period to petition for the expungement of

4 such records.

5 (B) When the arrest or charge not initiated by

6 arrest sought to be expunged resulted in an order of

7 supervision, successfully completed by the petitioner,

8 the following time frames will apply:

9 (i) Those arrests or charges that resulted in

10 orders of supervision under Section 3-707, 3-708,

11 3-710, or 5-401.3 of the Illinois Vehicle Code or a

12 similar provision of a local ordinance, or under

13 Section 11-1.50, 12-3.2, or 12-15 of the Criminal

14 Code of 1961 or the Criminal Code of 2012, or a

15 similar provision of a local ordinance, shall not

16 be eligible for expungement until 5 years have

17 passed following the satisfactory termination of

18 the supervision.

19 (i-5) Those arrests or charges that resulted

20 in orders of supervision for a misdemeanor

21 violation of subsection (a) of Section 11-503 of

22 the Illinois Vehicle Code or a similar provision of

23 a local ordinance, that occurred prior to the

24 offender reaching the age of 25 years and the

25 offender has no other conviction for violating

26 Section 11-501 or 11-503 of the Illinois Vehicle

HB5597

- 170 -

LRB098 15874 AMC 50917 b

1 Code or a similar provision of a local ordinance

2 shall not be eligible for expungement until the

3 petitioner has reached the age of 25 years.

4 (ii) Those arrests or charges that resulted in

5 orders of supervision for any other offenses shall

6 not be eligible for expungement until 2 years have

7 passed following the satisfactory termination of

8 the supervision.

9 (C) When the arrest or charge not initiated by

10 arrest sought to be expunged resulted in an order of

11 qualified probation, successfully completed by the

12 petitioner, such records shall not be eligible for

13 expungement until 5 years have passed following the

14 satisfactory termination of the probation.

15 (3) Those records maintained by the Department for

16 persons arrested prior to their 17th birthday shall be

17 expunged as provided in Section 5-915 of the Juvenile Court

18 Act of 1987.

19 (4) Whenever a person has been arrested for or

20 convicted of any offense, in the name of a person whose

21 identity he or she has stolen or otherwise come into

22 possession of, the aggrieved person from whom the identity

23 was stolen or otherwise obtained without authorization,

24 upon learning of the person having been arrested using his

25 or her identity, may, upon verified petition to the chief

26 judge of the circuit wherein the arrest was made, have a

HB5597

- 171 -

LRB098 15874 AMC 50917 b

1 court order entered nunc pro tunc by the Chief Judge to

2 correct the arrest record, conviction record, if any, and

3 all official records of the arresting authority, the

4 Department, other criminal justice agencies, the

5 prosecutor, and the trial court concerning such arrest, if

6 any, by removing his or her name from all such records in

7 connection with the arrest and conviction, if any, and by

8 inserting in the records the name of the offender, if known

9 or ascertainable, in lieu of the aggrieved's name. The

10 records of the circuit court clerk shall be sealed until

11 further order of the court upon good cause shown and the

12 name of the aggrieved person obliterated on the official

13 index required to be kept by the circuit court clerk under

14 Section 16 of the Clerks of Courts Act, but the order shall

15 not affect any index issued by the circuit court clerk

16 before the entry of the order. Nothing in this Section

17 shall limit the Department of State Police or other

18 criminal justice agencies or prosecutors from listing

19 under an offender's name the false names he or she has

20 used.

21 (5) Whenever a person has been convicted of criminal

22 sexual assault, aggravated criminal sexual assault,

23 predatory criminal sexual assault of a child, criminal

24 sexual abuse, or aggravated criminal sexual abuse, the

25 victim of that offense may request that the State's

26 Attorney of the county in which the conviction occurred

HB5597

- 172 -

LRB098 15874 AMC 50917 b

1 file a verified petition with the presiding trial judge at

2 the petitioner's trial to have a court order entered to

3 seal the records of the circuit court clerk in connection

4 with the proceedings of the trial court concerning that

5 offense. However, the records of the arresting authority

6 and the Department of State Police concerning the offense

7 shall not be sealed. The court, upon good cause shown,

8 shall make the records of the circuit court clerk in

9 connection with the proceedings of the trial court

10 concerning the offense available for public inspection.

11 (6) If a conviction has been set aside on direct review

12 or on collateral attack and the court determines by clear

13 and convincing evidence that the petitioner was factually

14 innocent of the charge, the court that finds the petitioner

15 factually innocent of the charge shall enter an expungement

16 order for the conviction for which the petitioner has been

17 determined to be innocent as provided in subsection (b) of

18 Section 5-5-4 of the Unified Code of Corrections.

19 (7) Nothing in this Section shall prevent the

20 Department of State Police from maintaining all records of

21 any person who is admitted to probation upon terms and

22 conditions and who fulfills those terms and conditions

23 pursuant to Section 10 of the Cannabis Control Act, Section

24 410 of the Illinois Controlled Substances Act, Section 70

25 of the Methamphetamine Control and Community Protection

26 Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

HB5597

- 173 -

LRB098 15874 AMC 50917 b

1 Corrections, Section 12-4.3 or subdivision (b)(1) of

2 Section 12-3.05 of the Criminal Code of 1961 or the

3 Criminal Code of 2012, Section 10-102 of the Illinois

4 Alcoholism and Other Drug Dependency Act, Section 40-10 of

5 the Alcoholism and Other Drug Abuse and Dependency Act, or

6 Section 10 of the Steroid Control Act.

7 (8) If the petitioner has been granted a certificate of

8 innocence under Section 2-702 of the Code of Civil

9 Procedure, the court that grants the certificate of

10 innocence shall also enter an order expunging the

11 conviction for which the petitioner has been determined to

12 be innocent as provided in subsection (h) of Section 2-702

13 of the Code of Civil Procedure.

14 (c) Sealing.

15 (1) Applicability. Notwithstanding any other provision

16 of this Act to the contrary, and cumulative with any rights

17 to expungement of criminal records, this subsection

18 authorizes the sealing of criminal records of adults and of

19 minors prosecuted as adults.

20 (2) Eligible Records. The following records may be

21 sealed:

22 (A) All arrests resulting in release without

23 charging;

24 (B) Arrests or charges not initiated by arrest

25 resulting in acquittal, dismissal, or conviction when

26 the conviction was reversed or vacated, except as

HB5597

- 174 -

LRB098 15874 AMC 50917 b

1 excluded by subsection (a)(3)(B);

2 (C) Arrests or charges not initiated by arrest

3 resulting in orders of supervision successfully

4 completed by the petitioner, unless excluded by

5 subsection (a)(3);

6 (D) Arrests or charges not initiated by arrest

7 resulting in convictions unless excluded by subsection

8 (a)(3);

9 (E) Arrests or charges not initiated by arrest

10 resulting in orders of first offender probation under

11 Section 10 of the Cannabis Control Act, Section 410 of

12 the Illinois Controlled Substances Act, Section 70 of

13 the Methamphetamine Control and Community Protection

14 Act, or Section 5-6-3.3 of the Unified Code of

15 Corrections; and

16 (F) Arrests or charges not initiated by arrest

17 resulting in felony convictions for the following

18 offenses:

19 (i) Class 4 felony convictions for:

20 Prostitution under Section 11-14 of the

21 Criminal Code of 1961 or the Criminal Code of

22 2012.

23 Possession of cannabis under Section 4 of

24 the Cannabis Control Act.

25 Possession of a controlled substance under

26 Section 402 of the Illinois Controlled

HB5597

- 175 -

LRB098 15874 AMC 50917 b

1 Substances Act.

2 Offenses under the Methamphetamine

3 Precursor Control Act.

4 Offenses under the Steroid Control Act.

5 Theft under Section 16-1 of the Criminal

6 Code of 1961 or the Criminal Code of 2012.

7 Retail theft under Section 16A-3 or

8 paragraph (a) of 16-25 of the Criminal Code of

9 1961 or the Criminal Code of 2012.

10 Deceptive practices under Section 17-1 of

11 the Criminal Code of 1961 or the Criminal Code

12 of 2012.

13 Forgery under Section 17-3 of the Criminal

14 Code of 1961 or the Criminal Code of 2012.

15 Possession of burglary tools under Section

16 19-2 of the Criminal Code of 1961 or the

17 Criminal Code of 2012.

18 (ii) Class 3 felony convictions for:

19 Theft under Section 16-1 of the Criminal

20 Code of 1961 or the Criminal Code of 2012.

21 Retail theft under Section 16A-3 or

22 paragraph (a) of 16-25 of the Criminal Code of

23 1961 or the Criminal Code of 2012.

24 Deceptive practices under Section 17-1 of

25 the Criminal Code of 1961 or the Criminal Code

26 of 2012.

HB5597

- 176 -

LRB098 15874 AMC 50917 b

1 Forgery under Section 17-3 of the Criminal

2 Code of 1961 or the Criminal Code of 2012.

3 Possession with intent to manufacture or

4 deliver a controlled substance under Section

5 401 of the Illinois Controlled Substances Act.

6 (3) When Records Are Eligible to Be Sealed. Records

7 identified as eligible under subsection (c)(2) may be

8 sealed as follows:

9 (A) Records identified as eligible under

10 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any

11 time.

12 (B) Records identified as eligible under

13 subsection (c)(2)(C) may be sealed (i) 3 years after

14 the termination of petitioner's last sentence (as

15 defined in subsection (a)(1)(F)) if the petitioner has

16 never been convicted of a criminal offense (as defined

17 in subsection (a)(1)(D)); or (ii) 4 years after the

18 termination of the petitioner's last sentence (as

19 defined in subsection (a)(1)(F)) if the petitioner has

20 ever been convicted of a criminal offense (as defined

21 in subsection (a)(1)(D)).

22 (C) Records identified as eligible under

23 subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be

24 sealed 4 years after the termination of the

25 petitioner's last sentence (as defined in subsection

26 (a)(1)(F)).

HB5597

- 177 -

LRB098 15874 AMC 50917 b

1 (D) Records identified in subsection

2 (a)(3)(A)(iii) may be sealed after the petitioner has

3 reached the age of 25 years.

4 (4) Subsequent felony convictions. A person may not

5 have subsequent felony conviction records sealed as

6 provided in this subsection (c) if he or she is convicted

7 of any felony offense after the date of the sealing of

8 prior felony convictions as provided in this subsection

9 (c). The court may, upon conviction for a subsequent felony

10 offense, order the unsealing of prior felony conviction

11 records previously ordered sealed by the court.

12 (5) Notice of eligibility for sealing. Upon entry of a

13 disposition for an eligible record under this subsection

14 (c), the petitioner shall be informed by the court of the

15 right to have the records sealed and the procedures for the

16 sealing of the records.

17 (d) Procedure. The following procedures apply to

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

HB5597

- 178 -

LRB098 15874 AMC 50917 b

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

HB5597

- 179 -

LRB098 15874 AMC 50917 b

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

HB5597

- 180 -

LRB098 15874 AMC 50917 b

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;

HB5597

- 181 -

LRB098 15874 AMC 50917 b

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;

HB5597

- 182 -

LRB098 15874 AMC 50917 b

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

HB5597

- 183 -

LRB098 15874 AMC 50917 b

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

HB5597

- 184 -

LRB098 15874 AMC 50917 b

1 under subsection (e-6):

2 (i) the records shall be expunged (as defined

3 in subsection (a)(1)(E)) by the arresting agency

4 and any other agency as ordered by the court,

5 within 60 days of the date of service of the order,

6 unless a motion to vacate, modify, or reconsider

7 the order is filed under paragraph (12) of

8 subsection (d) of this Section;

9 (ii) the records of the circuit court clerk

10 shall be impounded until further order of the court

11 upon good cause shown and the name of the

12 petitioner obliterated on the official index

13 required to be kept by the circuit court clerk

14 under Section 16 of the Clerks of Courts Act, but

15 the order shall not affect any index issued by the

16 circuit court clerk before the entry of the order;

17 (iii) the records shall be impounded by the

18 Department within 60 days of the date of service of

19 the order as ordered by the court, unless a motion

20 to vacate, modify, or reconsider the order is filed

21 under paragraph (12) of subsection (d) of this

22 Section;

23 (iv) records impounded by the Department may

24 be disseminated by the Department only as required

25 by law or to the arresting authority, the State's

26 Attorney, and the court upon a later arrest for the

HB5597

- 185 -

LRB098 15874 AMC 50917 b

1 same or a similar offense or for the purpose of

2 sentencing for any subsequent felony, and to the

3 Department of Corrections upon conviction for any

4 offense; and

5 (v) in response to an inquiry for these records

6 from anyone not authorized by law to access the

7 records, the court, the Department, or the agency

8 receiving the inquiry shall reply as it does in

9 response to inquiries when no records ever

10 existed.

11 (C) Upon entry of an order to seal records under

12 subsection (c), the arresting agency, any other agency

13 as ordered by the court, the Department, and the court

14 shall seal the records (as defined in subsection

15 (a)(1)(K)). In response to an inquiry for such records

16 from anyone not authorized by law to access such

17 records, the court, the Department, or the agency

18 receiving such inquiry shall reply as it does in

19 response to inquiries when no records ever existed.

20 (D) The Department shall send written notice to the

21 petitioner of its compliance with each order to expunge

22 or seal records within 60 days of the date of service

23 of that order or, if a motion to vacate, modify, or

24 reconsider is filed, within 60 days of service of the

25 order resolving the motion, if that order requires the

26 Department to expunge or seal records. In the event of

HB5597

- 186 -

LRB098 15874 AMC 50917 b

1 an appeal from the circuit court order, the Department

2 shall send written notice to the petitioner of its

3 compliance with an Appellate Court or Supreme Court

4 judgment to expunge or seal records within 60 days of

5 the issuance of the court's mandate. The notice is not

6 required while any motion to vacate, modify, or

7 reconsider, or any appeal or petition for

8 discretionary appellate review, is pending.

9 (10) Fees. The Department may charge the petitioner a

10 fee equivalent to the cost of processing any order to

11 expunge or seal records. Notwithstanding any provision of

12 the Clerks of Courts Act to the contrary, the circuit court

13 clerk may charge a fee equivalent to the cost associated

14 with the sealing or expungement of records by the circuit

15 court clerk. From the total filing fee collected for the

16 petition to seal or expunge, the circuit court clerk shall

17 deposit $10 into the Circuit Court Clerk Operation and

18 Administrative Fund, to be used to offset the costs

19 incurred by the circuit court clerk in performing the

20 additional duties required to serve the petition to seal or

21 expunge on all parties. The circuit court clerk shall

22 collect and forward the Department of State Police portion

23 of the fee to the Department and it shall be deposited in

24 the State Police Services Fund.

25 (11) Final Order. No court order issued under the

26 expungement or sealing provisions of this Section shall

HB5597

- 187 -

LRB098 15874 AMC 50917 b

1 become final for purposes of appeal until 30 days after

2 service of the order on the petitioner and all parties

3 entitled to notice of the petition.

4 (12) Motion to Vacate, Modify, or Reconsider. Under

5 Section 2-1203 of the Code of Civil Procedure, the

6 petitioner or any party entitled to notice may file a

7 motion to vacate, modify, or reconsider the order granting

8 or denying the petition to expunge or seal within 60 days

9 of service of the order. If filed more than 60 days after

10 service of the order, a petition to vacate, modify, or

11 reconsider shall comply with subsection (c) of Section

12 2-1401 of the Code of Civil Procedure. Upon filing of a

13 motion to vacate, modify, or reconsider, notice of the

14 motion shall be served upon the petitioner and all parties

15 entitled to notice of the petition.

16 (13) Effect of Order. An order granting a petition

17 under the expungement or sealing provisions of this Section

18 shall not be considered void because it fails to comply

19 with the provisions of this Section or because of any error

20 asserted in a motion to vacate, modify, or reconsider. The

21 circuit court retains jurisdiction to determine whether

22 the order is voidable and to vacate, modify, or reconsider

23 its terms based on a motion filed under paragraph (12) of

24 this subsection (d).

25 (14) Compliance with Order Granting Petition to Seal

26 Records. Unless a court has entered a stay of an order

HB5597

- 188 -

LRB098 15874 AMC 50917 b

1 granting a petition to seal, all parties entitled to notice

2 of the petition must fully comply with the terms of the

3 order within 60 days of service of the order even if a

4 party is seeking relief from the order through a motion

5 filed under paragraph (12) of this subsection (d) or is

6 appealing the order.

7 (15) Compliance with Order Granting Petition to

8 Expunge Records. While a party is seeking relief from the

9 order granting the petition to expunge through a motion

10 filed under paragraph (12) of this subsection (d) or is

11 appealing the order, and unless a court has entered a stay

12 of that order, the parties entitled to notice of the

13 petition must seal, but need not expunge, the records until

14 there is a final order on the motion for relief or, in the

15 case of an appeal, the issuance of that court's mandate.

16 (16) The changes to this subsection (d) made by Public

17 Act 98-163 ~~this amendatory Act of the 98th General Assembly~~

18 apply to all petitions pending on August 5, 2013 (the

19 effective date of Public Act 98-163) ~~this amendatory Act of~~

20 ~~the 98th General Assembly~~ and to all orders ruling on a

21 petition to expunge or seal on or after August 5, 2013 (the

22 effective date of Public Act 98-163) ~~this amendatory Act of~~

23 ~~the 98th General Assembly~~.

24 (e) Whenever a person who has been convicted of an offense

25 is granted a pardon by the Governor which specifically

26 authorizes expungement, he or she may, upon verified petition

HB5597

- 189 -

LRB098 15874 AMC 50917 b

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

HB5597

- 190 -

LRB098 15874 AMC 50917 b

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

HB5597

- 191 -

LRB098 15874 AMC 50917 b

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

HB5597

- 192 -

LRB098 15874 AMC 50917 b

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

HB5597

- 193 -

LRB098 15874 AMC 50917 b

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

HB5597

- 194 -

LRB098 15874 AMC 50917 b

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

HB5597

- 195 -

LRB098 15874 AMC 50917 b

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:

HB5597

- 196 -

LRB098 15874 AMC 50917 b

1 (20 ILCS 3305/21) (from Ch. 127, par. 1071)

2 Sec. 21. No Private Liability.

3 (a) Any person owning or controlling real estate or other

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

HB5597

- 197 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 198 -

LRB098 15874 AMC 50917 b

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

HB5597

- 199 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 200 -

LRB098 15874 AMC 50917 b

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

HB5597

- 201 -

LRB098 15874 AMC 50917 b

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

HB5597

- 202 -

LRB098 15874 AMC 50917 b

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

HB5597

- 203 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 204 -

LRB098 15874 AMC 50917 b

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

HB5597

- 205 -

LRB098 15874 AMC 50917 b

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

HB5597

- 206 -

LRB098 15874 AMC 50917 b

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

HB5597

- 207 -

LRB098 15874 AMC 50917 b

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

HB5597

- 208 -

LRB098 15874 AMC 50917 b

1 attainment of a bachelor's degree or its equivalent, for

2 which it awards a postgraduate degree, or provides not less

3 than a 2-year program which is acceptable for full credit

4 toward such a degree, or offers a 2-year program in

5 engineering, mathematics, or the physical or biological

6 sciences which is designed to prepare the student to work

7 as a technician and at a semiprofessional level in

8 engineering, scientific, or other technological fields

9 which require the understanding and application of basic

10 engineering, scientific, or mathematical principles or

11 knowledge;

12 (3) Is accredited by a nationally recognized

13 accrediting agency or association or, if not so accredited,

14 is an institution whose credits are accepted, on transfer,

15 by not less than 3 institutions which are so accredited,

16 for credit on the same basis as if transferred from an

17 institution so accredited, and holds an unrevoked

18 certificate of approval under the Private College Act from

19 the Board of Higher Education, or is qualified as a "degree

20 granting institution" under the Academic Degree Act; and

21 (4) Does not discriminate in the admission of students

22 on the basis of race or color. "Private institution of

23 higher education" also includes any "academic

24 institution".

25 (u) The term "academic institution" means any

26 not-for-profit institution which is not owned by the State or

HB5597

- 209 -

LRB098 15874 AMC 50917 b

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

HB5597

- 210 -

LRB098 15874 AMC 50917 b

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,

HB5597

- 211 -

LRB098 15874 AMC 50917 b

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;

HB5597

- 212 -

LRB098 15874 AMC 50917 b

1 (6) farm machinery, equipment and implement

2 manufacturing and supplying;

3 (7) manufacturing and supplying of agricultural

4 commodity processing machinery and equipment, including

5 machinery and equipment used in slaughter, treatment,

6 handling, collecting, preparation, canning or packaging of

7 agricultural commodities;

8 (8) farm building and farm structure manufacturing,

9 construction and supplying;

10 (9) construction, manufacturing, implementation,

11 supplying or servicing of irrigation, drainage and soil and

12 water conservation devices or equipment;

13 (10) fuel processing and development facilities that

14 produce fuel from agricultural commodities or byproducts;

15 (11) facilities and equipment for processing and

16 packaging agricultural commodities specifically for

17 export;

18 (12) facilities and equipment for forestry product

19 processing and supplying, including sawmilling operations,

20 wood chip operations, timber harvesting operations, and

21 manufacturing of prefabricated buildings, paper, furniture

22 or other goods from forestry products;

23 (13) facilities and equipment for research and

24 development of products, processes and equipment for the

25 production, processing, preparation or packaging of

26 agricultural commodities and byproducts.

HB5597

- 213 -

LRB098 15874 AMC 50917 b

1 (aa) The term "asset" with respect to financing of any

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,

HB5597

- 214 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 215 -

LRB098 15874 AMC 50917 b

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

HB5597

- 216 -

LRB098 15874 AMC 50917 b

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

HB5597

- 217 -

LRB098 15874 AMC 50917 b

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

HB5597

- 218 -

LRB098 15874 AMC 50917 b

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

HB5597

- 219 -

LRB098 15874 AMC 50917 b

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

HB5597

- 220 -

LRB098 15874 AMC 50917 b

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

HB5597

- 221 -

LRB098 15874 AMC 50917 b

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

HB5597

- 222 -

LRB098 15874 AMC 50917 b

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.)

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

HB5597

- 223 -

LRB098 15874 AMC 50917 b

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

HB5597

- 224 -

LRB098 15874 AMC 50917 b

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

HB5597

- 225 -

LRB098 15874 AMC 50917 b

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

HB5597

- 226 -

LRB098 15874 AMC 50917 b

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

HB5597

- 227 -

LRB098 15874 AMC 50917 b

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

HB5597

- 228 -

LRB098 15874 AMC 50917 b

1 commercial customers contained in this listing and

2 providing edits of the data to affirm, add, or delete the

3 residential and small commercial customers located within

4 its jurisdiction. The township board shall provide the

5 edited list to the electric utility in an electronic format

6 or other means selected by the electric utility and certify

7 that the information is accurate.

8 (2) Notwithstanding Section 16-122 of the Public

9 Utilities Act and Section 2HH of the Consumer Fraud and

10 Deceptive Business Practices Act, an electric utility that

11 provides residential and small commercial retail electric

12 service in the aggregate area must, upon request of the

13 corporate authorities, township board, or the county board

14 in the aggregate area, submit to the requesting party, in

15 an electronic format, those account numbers, names, and

16 addresses of residential and small commercial retail

17 customers in the aggregate area that are reflected in the

18 electric utility's records at the time of the request;

19 provided, however, that any township board has first

20 provided an accurate customer list to the electric utility

21 as provided for herein.

22 Any corporate authority, township board, or county board

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

HB5597

- 229 -

LRB098 15874 AMC 50917 b

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

HB5597

- 230 -

LRB098 15874 AMC 50917 b

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

HB5597

- 231 -

LRB098 15874 AMC 50917 b

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.

HB5597

- 232 -

LRB098 15874 AMC 50917 b

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

HB5597

- 233 -

LRB098 15874 AMC 50917 b

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

HB5597

- 234 -

LRB098 15874 AMC 50917 b

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