Public Act 100-0863
 
HB5447 EnrolledLRB100 16294 AMC 31417 b

    AN ACT to revise the law by combining multiple enactments
and making technical corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Nature of this Act.
    (a) This Act may be cited as the First 2018 General
Revisory Act.
    (b) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments and makes technical
corrections and revisions in the law.
    This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
    (c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
    (d) Public Acts 99-920 through 100-534 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.30 as follows:
 
    (5 ILCS 80/4.30)
    Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
    The Auction License Act.
    The Community Association Manager Licensing and
Disciplinary Act.
    The Illinois Architecture Practice Act of 1989.
    The Illinois Landscape Architecture Act of 1989.
    The Illinois Professional Land Surveyor Act of 1989.
    The Orthotics, Prosthetics, and Pedorthics Practice Act.
    The Perfusionist Practice Act.
    The Pharmacy Practice Act.
    The Professional Engineering Practice Act of 1989.
    The Real Estate License Act of 2000.
    The Structural Engineering Practice Act of 1989.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
revised 10-18-17.)
 
    Section 10. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    (Text of Section before amendment by P.A. 100-512 and
100-517)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (n) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Records Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained in,
    stored in, submitted to, transferred by, or released from
    the Illinois Health Information Exchange, and identified
    or deidentified health information in the form of health
    data and medical records of the Illinois Health Information
    Exchange in the possession of the Illinois Health
    Information Exchange Authority due to its administration
    of the Illinois Health Information Exchange. The terms
    "identified" and "deidentified" shall be given the same
    meaning as in the Health Insurance Portability and
    Accountability Act of 1996, Public Law 104-191, or any
    subsequent amendments thereto, and any regulations
    promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under Brian's Law.
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed Carry
    Licensing Review Board under the Firearm Concealed Carry
    Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of an
    eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) (ff) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) (ff) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) (ff) Information which is exempted from
    disclosure under Section 2505-800 of the Department of
    Revenue Law of the Civil Administrative Code of Illinois.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
 
    (Text of Section after amendment by P.A. 100-517 but before
amendment by P.A. 100-512)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (n) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Records Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained in,
    stored in, submitted to, transferred by, or released from
    the Illinois Health Information Exchange, and identified
    or deidentified health information in the form of health
    data and medical records of the Illinois Health Information
    Exchange in the possession of the Illinois Health
    Information Exchange Authority due to its administration
    of the Illinois Health Information Exchange. The terms
    "identified" and "deidentified" shall be given the same
    meaning as in the Health Insurance Portability and
    Accountability Act of 1996, Public Law 104-191, or any
    subsequent amendments thereto, and any regulations
    promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under Brian's Law.
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed Carry
    Licensing Review Board under the Firearm Concealed Carry
    Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of an
    eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) (ff) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) (ff) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) (ff) Information which is exempted from
    disclosure under Section 2505-800 of the Department of
    Revenue Law of the Civil Administrative Code of Illinois.
        (jj) (ff) Information and reports that are required to
    be submitted to the Department of Labor by registering day
    and temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised
11-2-17.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (n) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Records Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained in,
    stored in, submitted to, transferred by, or released from
    the Illinois Health Information Exchange, and identified
    or deidentified health information in the form of health
    data and medical records of the Illinois Health Information
    Exchange in the possession of the Illinois Health
    Information Exchange Authority due to its administration
    of the Illinois Health Information Exchange. The terms
    "identified" and "deidentified" shall be given the same
    meaning as in the Health Insurance Portability and
    Accountability Act of 1996, Public Law 104-191, or any
    subsequent amendments thereto, and any regulations
    promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under Brian's Law.
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed Carry
    Licensing Review Board under the Firearm Concealed Carry
    Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of an
    eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) (ff) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) (ff) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) (ff) Information which is exempted from
    disclosure under Section 2505-800 of the Department of
    Revenue Law of the Civil Administrative Code of Illinois.
        (jj) (ff) Information and reports that are required to
    be submitted to the Department of Labor by registering day
    and temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) (ff) Information prohibited from disclosure under
    the Seizure and Forfeiture Reporting Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; revised 11-2-17.)
 
    Section 15. The State Employees Group Insurance Act of 1971
is amended by changing Section 6.11 as follows:
 
    (5 ILCS 375/6.11)
    Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall provide
the post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t of
the Illinois Insurance Code. The program of health benefits
shall provide the coverage required under Sections 356g,
356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.17, 356z.22, and 356z.25, and 356z.26 of
the Illinois Insurance Code. The program of health benefits
must comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c,
and 370c.1 of the Illinois Insurance Code.
    Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
100-138, eff. 8-18-17; revised 10-3-17.)
 
    Section 25. The Election Code is amended by changing
Sections 1-2, 1A-8, 1A-16, 2A-30, 3-5, 12-5, 21-2, and 28-7 as
follows:
 
    (10 ILCS 5/1-2)  (from Ch. 46, par. 1-2)
    Sec. 1-2. The provisions of this Act, so far as they are
the same as those of any prior statute, shall be construed as a
continuation of such prior provisions, and not as a new
enactment.
    If in any other statute reference is made to an Act of the
General Assembly, or a Section section of such an Act, which is
continued in this election Code, such reference shall be held
to refer to the Act or Section section thereof so continued in
this Code.
(Source: Laws 1943, vol. 2, p. 1; revised 9-22-17.)
 
    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
    Sec. 1A-8. The State Board of Elections shall exercise the
following powers and perform the following duties in addition
to any powers or duties otherwise provided for by law:
        (1) Assume all duties and responsibilities of the State
    Electoral Board and the Secretary of State as heretofore
    provided in this Code Act;
        (2) Disseminate information to and consult with
    election authorities concerning the conduct of elections
    and registration in accordance with the laws of this State
    and the laws of the United States;
        (3) Furnish to each election authority prior to each
    primary and general election and any other election it
    deems necessary, a manual of uniform instructions
    consistent with the provisions of this Code Act which shall
    be used by election authorities in the preparation of the
    official manual of instruction to be used by the judges of
    election in any such election. In preparing such manual,
    the State Board shall consult with representatives of the
    election authorities throughout the State. The State Board
    may provide separate portions of the uniform instructions
    applicable to different election jurisdictions which
    administer elections under different options provided by
    law. The State Board may by regulation require particular
    portions of the uniform instructions to be included in any
    official manual of instructions published by election
    authorities. Any manual of instructions published by any
    election authority shall be identical with the manual of
    uniform instructions issued by the Board, but may be
    adapted by the election authority to accommodate special or
    unusual local election problems, provided that all manuals
    published by election authorities must be consistent with
    the provisions of this Code Act in all respects and must
    receive the approval of the State Board of Elections prior
    to publication; provided further that if the State Board
    does not approve or disapprove of a proposed manual within
    60 days of its submission, the manual shall be deemed
    approved.
        (4) Prescribe and require the use of such uniform
    forms, notices, and other supplies not inconsistent with
    the provisions of this Code Act as it shall deem advisable
    which shall be used by election authorities in the conduct
    of elections and registrations;
        (5) Prepare and certify the form of ballot for any
    proposed amendment to the Constitution of the State of
    Illinois, or any referendum to be submitted to the electors
    throughout the State or, when required to do so by law, to
    the voters of any area or unit of local government of the
    State;
        (6) Require such statistical reports regarding the
    conduct of elections and registration from election
    authorities as may be deemed necessary;
        (7) Review and inspect procedures and records relating
    to conduct of elections and registration as may be deemed
    necessary, and to report violations of election laws to the
    appropriate State's Attorney or the Attorney General;
        (8) Recommend to the General Assembly legislation to
    improve the administration of elections and registration;
        (9) Adopt, amend or rescind rules and regulations in
    the performance of its duties provided that all such rules
    and regulations must be consistent with the provisions of
    this Article 1A or issued pursuant to authority otherwise
    provided by law;
        (10) Determine the validity and sufficiency of
    petitions filed under Article XIV, Section 3, of the
    Constitution of the State of Illinois of 1970;
        (11) Maintain in its principal office a research
    library that includes, but is not limited to, abstracts of
    votes by precinct for general primary elections and general
    elections, current precinct maps and current precinct poll
    lists from all election jurisdictions within the State. The
    research library shall be open to the public during regular
    business hours. Such abstracts, maps and lists shall be
    preserved as permanent records and shall be available for
    examination and copying at a reasonable cost;
        (12) Supervise the administration of the registration
    and election laws throughout the State;
        (13) Obtain from the Department of Central Management
    Services, under Section 405-250 of the Department of
    Central Management Services Law (20 ILCS 405/405-250),
    such use of electronic data processing equipment as may be
    required to perform the duties of the State Board of
    Elections and to provide election-related information to
    candidates, public and party officials, interested civic
    organizations and the general public in a timely and
    efficient manner;
        (14) To take such action as may be necessary or
    required to give effect to directions of the national
    committee or State central committee of an established
    political party under Sections 7-8, 7-11, and 7-14.1 or
    such other provisions as may be applicable pertaining to
    the selection of delegates and alternate delegates to an
    established political party's national nominating
    conventions or, notwithstanding any candidate
    certification schedule contained within this the Election
    Code, the certification of the Presidential and Vice
    Presidential candidate selected by the established
    political party's national nominating convention;
        (15) To post all early voting sites separated by
    election authority and hours of operation on its website at
    least 5 business days before the period for early voting
    begins; and
        (16) To post on its website the statewide totals, and
    totals separated by each election authority, for each of
    the counts received pursuant to Section 1-9.2.
    The Board may by regulation delegate any of its duties or
functions under this Article, except that final determinations
and orders under this Article shall be issued only by the
Board.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives, and the President, the Minority Leader, and
the Secretary of the Senate, and the Legislative Research Unit,
as required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)
 
    (10 ILCS 5/1A-16)
    Sec. 1A-16. Voter registration information; Internet
posting; processing of voter registration forms; content of
such forms. Notwithstanding any law to the contrary, the
following provisions shall apply to voter registration under
this Code.
    (a) Voter registration information; Internet posting of
voter registration form. Within 90 days after August 21, 2003
(the effective date of Public Act 93-574) this amendatory Act
of the 93rd General Assembly, the State Board of Elections
shall post on its World Wide Web site the following
information:
        (1) A comprehensive list of the names, addresses, phone
    numbers, and websites, if applicable, of all county clerks
    and boards of election commissioners in Illinois.
        (2) A schedule of upcoming elections and the deadline
    for voter registration.
        (3) A downloadable, printable voter registration form,
    in at least English and in Spanish versions, that a person
    may complete and mail or submit to the State Board of
    Elections or the appropriate county clerk or board of
    election commissioners.
Any forms described under paragraph (3) must state the
following:
        If you do not have a driver's license or social
    security number, and this form is submitted by mail, and
    you have never registered to vote in the jurisdiction you
    are now registering in, then you must send, with this
    application, either (i) a copy of a current and valid photo
    identification, or (ii) a copy of a current utility bill,
    bank statement, government check, paycheck, or other
    government document that shows the name and address of the
    voter. If you do not provide the information required
    above, then you will be required to provide election
    officials with either (i) or (ii) described above the first
    time you vote at a voting place.
    (b) Acceptance of registration forms by the State Board of
Elections and county clerks and board of election
commissioners. The State Board of Elections, county clerks, and
board of election commissioners shall accept all completed
voter registration forms described in subsection (a)(3) of this
Section and Sections 1A-17 and 1A-30 that are:
        (1) postmarked on or before the day that voter
    registration is closed under this the Election Code;
        (2) not postmarked, but arrives no later than 5 days
    after the close of registration;
        (3) submitted in person by a person using the form on
    or before the day that voter registration is closed under
    this the Election Code; or
        (4) submitted in person by a person who submits one or
    more forms on behalf of one or more persons who used the
    form on or before the day that voter registration is closed
    under this the Election Code.
    Upon the receipt of a registration form, the State Board of
Elections shall mark the date on which the form was received
and send the form via first class mail to the appropriate
county clerk or board of election commissioners, as the case
may be, within 2 business days based upon the home address of
the person submitting the registration form. The county clerk
and board of election commissioners shall accept and process
any form received from the State Board of Elections.
    (c) Processing of registration forms by county clerks and
boards of election commissioners. The county clerk or board of
election commissioners shall promulgate procedures for
processing the voter registration form.
    (d) Contents of the voter registration form. The State
Board shall create a voter registration form, which must
contain the following content:
        (1) Instructions for completing the form.
        (2) A summary of the qualifications to register to vote
    in Illinois.
        (3) Instructions for mailing in or submitting the form
    in person.
        (4) The phone number for the State Board of Elections
    should a person submitting the form have questions.
        (5) A box for the person to check that explains one of
    3 reasons for submitting the form:
            (a) new registration;
            (b) change of address; or
            (c) change of name.
        (6) a box for the person to check yes or no that asks,
    "Are you a citizen of the United States?", a box for the
    person to check yes or no that asks, "Will you be 18 years
    of age on or before election day?", and a statement of "If
    you checked 'no' in response to either of these questions,
    then do not complete this form.".
        (7) A space for the person to fill in his or her home
    telephone number.
        (8) Spaces for the person to fill in his or her first,
    middle, and last names, street address (principal place of
    residence), county, city, state, and zip code.
        (9) Spaces for the person to fill in his or her mailing
    address, city, state, and zip code if different from his or
    her principal place of residence.
        (10) A space for the person to fill in his or her
    Illinois driver's license number if the person has a
    driver's license.
        (11) A space for a person without a driver's license to
    fill in the last four digits of his or her social security
    number if the person has a social security number.
        (12) A space for a person without an Illinois driver's
    license to fill in his or her identification number from
    his or her State Identification card issued by the
    Secretary of State.
        (13) A space for the person to fill the name appearing
    on his or her last voter registration, the street address
    of his or her last registration, including the city,
    county, state, and zip code.
        (14) A space where the person swears or affirms the
    following under penalty of perjury with his or her
    signature:
            (a) "I am a citizen of the United States.";
            (b) "I will be at least 18 years old on or before
        the next election.";
            (c) "I will have lived in the State of Illinois and
        in my election precinct at least 30 days as of the date
        of the next election."; and
            (d) "The information I have provided is true to the
        best of my knowledge under penalty of perjury. If I
        have provided false information, then I may be fined,
        imprisoned, or, if I am not a U.S. citizen, deported
        from or refused entry into the United States.".
        (15) A space for the person to fill in his or her
    e-mail address if he or she chooses to provide that
    information.
    (d-5) Compliance with federal law; rulemaking authority.
The voter registration form described in this Section shall be
consistent with the form prescribed by the Federal Election
Commission under the National Voter Registration Act of 1993,
P.L. 103-31, as amended from time to time, and the Help America
Vote Act of 2002, P.L. 107-252, in all relevant respects. The
State Board of Elections shall periodically update the form
based on changes to federal or State law. The State Board of
Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules comport
with the letter and spirit of the National Voter Registration
Act of 1993 and Help America Vote Act of 2002 and maximize the
opportunity for a person to register to vote.
    (e) Forms available in paper form. The State Board of
Elections shall make the voter registration form available in
regular paper stock and form in sufficient quantities for the
general public. The State Board of Elections may provide the
voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies
of the State of Illinois, and any other person or entity
designated to have these forms by this the Election Code in
regular paper stock and form or some other format deemed
suitable by the Board. Each county clerk or board of election
commissioners has the authority to design and print its own
voter registration form so long as the form complies with the
requirements of this Section. The State Board of Elections,
county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have
these forms under this the Election Code shall provide a member
of the public with any reasonable number of forms that he or
she may request. Nothing in this Section shall permit the State
Board of Elections, county clerk, board of election
commissioners, or other appropriate election official who may
accept a voter registration form to refuse to accept a voter
registration form because the form is printed on photocopier or
regular paper stock and form.
    (f) (Blank).
(Source: P.A. 98-115, eff. 10-1-13; 98-1171, eff. 6-1-15;
revised 9-22-17.)
 
    (10 ILCS 5/2A-30)  (from Ch. 46, par. 2A-30)
    Sec. 2A-30. Villages and incorporated towns with
population of less than 50,000; president; trustees; clerk
Incorporated Towns with Population of Less than 50,000 -
President - Trustees - Clerk. In villages and incorporated
towns with a population of less than 50,000, a president shall
be elected at the consolidated election in every other
odd-numbered year when the president is elected for a 4-year 4
year term, and in each odd-numbered year when the president is
elected for a 2-year 2 year term.
    Except as provided in Section 2A-30a, in villages and
incorporated towns with a population of less than 50,000, 3
trustees shall be elected at the consolidated election in each
odd-numbered year when trustees are elected for 4-year 4 year
terms, and at the consolidated election in each odd-numbered
year and at the general primary election in each even-numbered
year when trustees are elected for 2-year 2 year terms. A
primary to nominate candidates for the office of trustee to be
elected at the general primary election shall be held on the
Tuesday 6 weeks preceding that election.
    In villages and incorporated towns with a population of
less than 50,000, a clerk shall be elected at the consolidated
election in every other odd-numbered year when the clerk is
elected for a 4-year 4 year term, and in each odd-numbered year
when the clerk is elected for a 2-year 2 year term.
(Source: P.A. 80-1495; revised 9-22-17.)
 
    (10 ILCS 5/3-5)  (from Ch. 46, par. 3-5)
    Sec. 3-5. No person who has been legally convicted, in this
or another state or in any federal court, of any crime, and is
serving a sentence of confinement in any penal institution, or
who has been convicted under any Section of this Code Act and
is serving a sentence of confinement in any penal institution,
shall vote, offer to vote, attempt to vote or be permitted to
vote at any election until his release from confinement.
    Confinement for purposes of this Section shall include any
person convicted and imprisoned but granted a furlough as
provided by Section 3-11-1 of the "Unified Code of
Corrections", or admitted to a work release program as provided
by Section 3-13-2 of the "Unified Code of Corrections".
Confinement shall not include any person convicted and
imprisoned but released on parole.
    Confinement or detention in a jail pending acquittal or
conviction of a crime is not a disqualification for voting.
(Source: P.A. 94-637, eff. 1-1-06; revised 9-22-17.)
 
    (10 ILCS 5/12-5)  (from Ch. 46, par. 12-5)
    Sec. 12-5. Notice for public questions.
    (a) Except as otherwise provided in subsection (b), for all
elections held after July 1, 1999, notice of public questions
shall be required only as set forth in this Section or as set
forth in Section 17-3 or 19-3 of the School Code. Not more than
60 days nor less than 10 days before the date of a regular
election at which a public question is to be submitted to the
voters of a political or governmental subdivision, and at least
20 days before an emergency referendum, the election authority
shall publish notice of the referendum. The notice shall be
published once in a local, community newspaper having general
circulation in the political or governmental subdivision. The
notice shall also be given at least 10 days before the date of
the election by posting a copy of the notice at the principal
office of the election authority. The local election official
shall also post a copy of the notice at the principal office of
the political or governmental subdivision, or if there is no
principal office at the building in which the governing body of
the political or governmental subdivision held its first
meeting of the calendar year in which the referendum is being
held. The election authority and the political or governmental
subdivision may, but are not required to, post the notice
electronically on their World Wide Web pages. The notice, which
shall appear over the name or title of the election authority,
shall be substantially in the following form:
        NOTICE IS HEREBY GIVEN that at the election to be held
    on (insert day of the week), (insert date of election), the
    following proposition will be submitted to the voters of
    (name of political or governmental subdivision):
    (insert the public question as it will appear on the
    ballot)
        The polls at the election will be open at 6:00 o'clock
    A.M. and will continue to be open until 7:00 o'clock P.M.
    of that day.
        Dated (date of notice)
        (Name or title of the election authority)
The notice shall also include any additional information
required by the statute authorizing the public question. The
notice may include an explanation, in neutral and plain
language, of the question and its purposes supplied by the
governing body of the political or governmental subdivision to
whose voters the question is to be submitted. The notice shall
set forth the precincts and polling places at which the
referendum will be conducted only in the case of emergency
referenda.
    (b) Notice of any public question published in a local,
community newspaper having general circulation in the
political or governmental subdivision to which such public
question relates more than 30 days but not more than 35 days
prior to the general election held on November 8, 2016 that
otherwise complies with the requirements of this Section is
sufficient notice to satisfy the newspaper publication
requirement of this Section, such notice shall for all purposes
be deemed to have been given in accordance with this Section,
any bonds approved by the voters at such election are hereby
authorized to be issued in accordance with applicable law
without further referendum approval and taxes to be levied
pursuant to any limiting rate increases approved by the voters
at such election are hereby authorized to be levied and
extended without further referendum approval.
(Source: P.A. 99-935, eff. 2-17-17; 100-298, eff. 1-1-18;
revised 9-22-17.)
 
    (10 ILCS 5/21-2)  (from Ch. 46, par. 21-2)
    Sec. 21-2. The county clerks of the several counties shall,
within 21 days next after holding the election named in
subsection (1) of Section 2A-1.2 and Section 2A-2, make 2
copies of the abstract of the votes cast for electors by each
political party or group, as indicated by the voter, as
aforesaid, by a cross in the square to the left of the bracket
aforesaid, or as indicated by a cross in the appropriate place
preceding the appellation or title of the particular political
party or group, and transmit by mail one of the copies to the
office of the State Board of Elections and retain the other in
his office, to be sent for by the electoral board in case the
other should be mislaid. Within 31 days after the holding of
such election, and sooner if all the returns are received by
the State Board of Elections, the State Board of Elections
Election, shall proceed to open and canvass said election
returns and to declare which set of candidates for President
and Vice-President received, as aforesaid, the highest number
of votes cast at such election as aforesaid; and the electors
of that party whose candidates for President and Vice-President
received the highest number of votes so cast shall be taken and
deemed to be elected as electors of President and
Vice-President, but should 2 or more sets of candidates for
President and Vice-President be returned with an equal and the
highest vote, the State Board of Elections shall cause a notice
of the same to be published, which notice shall name some day
and place, not less than 5 days from the time of such
publication of such notice, upon which the State Board of
Elections will decide by lot which of the sets of candidates
for President and Vice-President so equal and highest shall be
declared to be highest. And upon the day and at the place so
appointed in the notice, the board shall so decide by lot and
declare which is deemed highest of the sets of candidates for
President and Vice-President so equal and highest, thereby
determining only that the electors chosen as aforesaid by such
candidates' party or group are thereby elected by general
ticket to be such electors.
(Source: P.A. 93-847, eff. 7-30-04; revised 9-22-17.)
 
    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
    Sec. 28-7. In any case in which Article VII or paragraph
(a) of Section 5 of the Transition Schedule of the Constitution
authorizes any action to be taken by or with respect to any
unit of local government, as defined in Section 1 of Article
VII of the Constitution, by or subject to approval by
referendum, any such public question shall be initiated in
accordance with this Section.
    Any such public question may be initiated by the governing
body of the unit of local government by resolution or by the
filing with the clerk or secretary of the governmental unit of
a petition signed by a number of qualified electors equal to or
greater than at least 8% of the total votes cast for candidates
for Governor in the preceding gubernatorial election,
requesting the submission of the proposal for such action to
the voters of the governmental unit at a regular election.
    If the action to be taken requires a referendum involving 2
or more units of local government, the proposal shall be
submitted to the voters of such governmental units by the
election authorities with jurisdiction over the territory of
the governmental units. Such multi-unit proposals may be
initiated by appropriate resolutions by the respective
governing bodies or by petitions of the voters of the several
governmental units filed with the respective clerks or
secretaries.
    This Section is intended to provide a method of submission
to referendum in all cases of proposals for actions which are
authorized by Article VII of the Constitution by or subject to
approval by referendum and supersedes any conflicting
statutory provisions except those contained in Division 2-5 of
the Counties Code the "County Executive Act".
    Referenda provided for in this Section may not be held more
than once in any 23-month period on the same proposition,
provided that in any municipality a referendum to elect not to
be a home rule unit may be held only once within any 47-month
period.
(Source: P.A. 97-81, eff. 7-5-11; revised 9-22-17.)
 
    Section 30. The State Treasurer Act is amended by changing
Section 16.5 as follows:
 
    (15 ILCS 505/16.5)
    Sec. 16.5. College Savings Pool. The State Treasurer may
establish and administer a College Savings Pool to supplement
and enhance the investment opportunities otherwise available
to persons seeking to finance the costs of higher education.
The State Treasurer, in administering the College Savings Pool,
may receive moneys paid into the pool by a participant and may
serve as the fiscal agent of that participant for the purpose
of holding and investing those moneys.
    "Participant", as used in this Section, means any person
who has authority to withdraw funds, change the designated
beneficiary, or otherwise exercise control over an account.
"Donor", as used in this Section, means any person who makes
investments in the pool. "Designated beneficiary", as used in
this Section, means any person on whose behalf an account is
established in the College Savings Pool by a participant. Both
in-state and out-of-state persons may be participants, donors,
and designated beneficiaries in the College Savings Pool. The
College Savings Pool must be available to any individual with a
valid social security number or taxpayer identification number
for the benefit of any individual with a valid social security
number or taxpayer identification number, unless a contract in
effect on August 1, 2011 (the effective date of Public Act
97-233) does not allow for taxpayer identification numbers, in
which case taxpayer identification numbers must be allowed upon
the expiration of the contract.
    New accounts in the College Savings Pool may be processed
through participating financial institutions. "Participating
financial institution", as used in this Section, means any
financial institution insured by the Federal Deposit Insurance
Corporation and lawfully doing business in the State of
Illinois and any credit union approved by the State Treasurer
and lawfully doing business in the State of Illinois that
agrees to process new accounts in the College Savings Pool.
Participating financial institutions may charge a processing
fee to participants to open an account in the pool that shall
not exceed $30 until the year 2001. Beginning in 2001 and every
year thereafter, the maximum fee limit shall be adjusted by the
Treasurer based on the Consumer Price Index for the North
Central Region as published by the United States Department of
Labor, Bureau of Labor Statistics for the immediately preceding
calendar year. Every contribution received by a financial
institution for investment in the College Savings Pool shall be
transferred from the financial institution to a location
selected by the State Treasurer within one business day
following the day that the funds must be made available in
accordance with federal law. All communications from the State
Treasurer to participants and donors shall reference the
participating financial institution at which the account was
processed.
    The Treasurer may invest the moneys in the College Savings
Pool in the same manner and in the same types of investments
provided for the investment of moneys by the Illinois State
Board of Investment. To enhance the safety and liquidity of the
College Savings Pool, to ensure the diversification of the
investment portfolio of the pool, and in an effort to keep
investment dollars in the State of Illinois, the State
Treasurer may make a percentage of each account available for
investment in participating financial institutions doing
business in the State. The State Treasurer may deposit with the
participating financial institution at which the account was
processed the following percentage of each account at a
prevailing rate offered by the institution, provided that the
deposit is federally insured or fully collateralized and the
institution accepts the deposit: 10% of the total amount of
each account for which the current age of the beneficiary is
less than 7 years of age, 20% of the total amount of each
account for which the beneficiary is at least 7 years of age
and less than 12 years of age, and 50% of the total amount of
each account for which the current age of the beneficiary is at
least 12 years of age. The Treasurer shall develop, publish,
and implement an investment policy covering the investment of
the moneys in the College Savings Pool. The policy shall be
published each year as part of the audit of the College Savings
Pool by the Auditor General, which shall be distributed to all
participants. The Treasurer shall notify all participants in
writing, and the Treasurer shall publish in a newspaper of
general circulation in both Chicago and Springfield, any
changes to the previously published investment policy at least
30 calendar days before implementing the policy. Any investment
policy adopted by the Treasurer shall be reviewed and updated
if necessary within 90 days following the date that the State
Treasurer takes office.
    Participants shall be required to use moneys distributed
from the College Savings Pool for qualified expenses at
eligible educational institutions. "Qualified expenses", as
used in this Section, means the following: (i) tuition, fees,
and the costs of books, supplies, and equipment required for
enrollment or attendance at an eligible educational
institution; (ii) expenses for special needs services, in the
case of a special needs beneficiary, which are incurred in
connection with such enrollment or attendance; (iii) certain
expenses for the purchase of computer or peripheral equipment,
as defined in Section 168 of the federal Internal Revenue Code
(26 U.S.C. 168), computer software, as defined in Section 197
of the federal Internal Revenue Code (26 U.S.C. 197), or
Internet internet access and related services, if such
equipment, software, or services are to be used primarily by
the beneficiary during any of the years the beneficiary is
enrolled at an eligible educational institution, except that,
such expenses shall not include expenses for computer software
designed for sports, games, or hobbies, unless the software is
predominantly educational in nature; and (iv) certain room and
board expenses incurred while attending an eligible
educational institution at least half-time. "Eligible
educational institutions", as used in this Section, means
public and private colleges, junior colleges, graduate
schools, and certain vocational institutions that are
described in Section 481 of the Higher Education Act of 1965
(20 U.S.C. 1088) and that are eligible to participate in
Department of Education student aid programs. A student shall
be considered to be enrolled at least half-time if the student
is enrolled for at least half the full-time academic work load
for the course of study the student is pursuing as determined
under the standards of the institution at which the student is
enrolled. Distributions made from the pool for qualified
expenses shall be made directly to the eligible educational
institution, directly to a vendor, in the form of a check
payable to both the beneficiary and the institution or vendor,
or directly to the designated beneficiary in a manner that is
permissible under Section 529 of the Internal Revenue Code. Any
moneys that are distributed in any other manner or that are
used for expenses other than qualified expenses at an eligible
educational institution shall be subject to a penalty of 10% of
the earnings unless the beneficiary dies, becomes a person with
a disability, or receives a scholarship that equals or exceeds
the distribution. Penalties shall be withheld at the time the
distribution is made.
    The Treasurer shall limit the contributions that may be
made on behalf of a designated beneficiary based on the
limitations established by the Internal Revenue Service. The
contributions made on behalf of a beneficiary who is also a
beneficiary under the Illinois Prepaid Tuition Program shall be
further restricted to ensure that the contributions in both
programs combined do not exceed the limit established for the
College Savings Pool. The Treasurer shall provide the Illinois
Student Assistance Commission each year at a time designated by
the Commission, an electronic report of all participant
accounts in the Treasurer's College Savings Pool, listing total
contributions and disbursements from each individual account
during the previous calendar year. As soon thereafter as is
possible following receipt of the Treasurer's report, the
Illinois Student Assistance Commission shall, in turn, provide
the Treasurer with an electronic report listing those College
Savings Pool participants who also participate in the State's
prepaid tuition program, administered by the Commission. The
Commission shall be responsible for filing any combined tax
reports regarding State qualified savings programs required by
the United States Internal Revenue Service. The Treasurer shall
work with the Illinois Student Assistance Commission to
coordinate the marketing of the College Savings Pool and the
Illinois Prepaid Tuition Program when considered beneficial by
the Treasurer and the Director of the Illinois Student
Assistance Commission. The Treasurer's office shall not
publicize or otherwise market the College Savings Pool or
accept any moneys into the College Savings Pool prior to March
1, 2000. The Treasurer shall provide a separate accounting for
each designated beneficiary to each participant, the Illinois
Student Assistance Commission, and the participating financial
institution at which the account was processed. No interest in
the program may be pledged as security for a loan. Moneys held
in an account invested in the Illinois College Savings Pool
shall be exempt from all claims of the creditors of the
participant, donor, or designated beneficiary of that account,
except for the non-exempt College Savings Pool transfers to or
from the account as defined under subsection (j) of Section
12-1001 of the Code of Civil Procedure (735 ILCS 5/12-1001(j)).
    The assets of the College Savings Pool and its income and
operation shall be exempt from all taxation by the State of
Illinois and any of its subdivisions. The accrued earnings on
investments in the Pool once disbursed on behalf of a
designated beneficiary shall be similarly exempt from all
taxation by the State of Illinois and its subdivisions, so long
as they are used for qualified expenses. Contributions to a
College Savings Pool account during the taxable year may be
deducted from adjusted gross income as provided in Section 203
of the Illinois Income Tax Act. The provisions of this
paragraph are exempt from Section 250 of the Illinois Income
Tax Act.
    The Treasurer shall adopt rules he or she considers
necessary for the efficient administration of the College
Savings Pool. The rules shall provide whatever additional
parameters and restrictions are necessary to ensure that the
College Savings Pool meets all of the requirements for a
qualified state tuition program under Section 529 of the
Internal Revenue Code (26 U.S.C. 529). The rules shall provide
for the administration expenses of the pool to be paid from its
earnings and for the investment earnings in excess of the
expenses and all moneys collected as penalties to be credited
or paid monthly to the several participants in the pool in a
manner which equitably reflects the differing amounts of their
respective investments in the pool and the differing periods of
time for which those amounts were in the custody of the pool.
Also, the rules shall require the maintenance of records that
enable the Treasurer's office to produce a report for each
account in the pool at least annually that documents the
account balance and investment earnings. Notice of any proposed
amendments to the rules and regulations shall be provided to
all participants prior to adoption. Amendments to rules and
regulations shall apply only to contributions made after the
adoption of the amendment.
    Upon creating the College Savings Pool, the State Treasurer
shall give bond with 2 or more sufficient sureties, payable to
and for the benefit of the participants in the College Savings
Pool, in the penal sum of $1,000,000, conditioned upon the
faithful discharge of his or her duties in relation to the
College Savings Pool.
(Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01; 91-943,
eff. 2-9-01; 92-16, eff. 6-28-01; 92-439, eff. 8-17-01; 92-626,
eff 7-11-02; 93-812, eff. 1-1-05; 95-23, eff. 8-3-07; 95-306,
eff. 1-1-08; 95-521, eff. 8-28-07; 95-876, eff. 8-21-08;
97-233, eff. 8-1-11; 97-537, eff. 8-23-11; 97-813, eff.
7-13-12; 99-143, eff. 7-27-15; 100-161, eff. 8-18-17; revised
10-2-17.)
 
    Section 35. The Personnel Code is amended by changing
Section 17 as follows:
 
    (20 ILCS 415/17)  (from Ch. 127, par. 63b117)
    Sec. 17. Status of present employees. Employees holding
positions in the State service herein shall continue under the
following conditions:
        (1) Employees who have been appointed as a result of
    having passed examinations in existing merit systems, and
    who have satisfactorily passed their probationary period,
    or who have been promoted in accordance with the rules
    thereunder, shall be continued without further
    examination, but shall be otherwise subject to the
    provisions of this Act and the rules made pursuant to it.
        (2) All other such employees shall be continued in
    their respective positions if they pass a qualifying
    examination prescribed by the Director prior to October 1,
    1958, and satisfactorily complete their respective
    probationary periods. Employees in federally aided
    programs, which on July 1, 1956, were subject to Federal
    merit system standards, who have not been appointed from
    registers established as a result of merit system
    examinations shall qualify through open competitive
    examinations for their positions and certification from
    the resulting registers. Those who fail to qualify as
    provided herein shall be dismissed from their positions.
    Nothing herein precludes the reclassification or
    reallocation as provided by this Act of any position held
    by any such incumbent.
(Source: P.A. 76-628; revised 9-22-17.)
 
    Section 40. The Children and Family Services Act is amended
by changing Sections 5 and 35.7 as follows:
 
    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
    Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
    (a) For purposes of this Section:
        (1) "Children" means persons found within the State who
    are under the age of 18 years. The term also includes
    persons under age 21 who:
            (A) were committed to the Department pursuant to
        the Juvenile Court Act or the Juvenile Court Act of
        1987, as amended, prior to the age of 18 and who
        continue under the jurisdiction of the court; or
            (B) were accepted for care, service and training by
        the Department prior to the age of 18 and whose best
        interest in the discretion of the Department would be
        served by continuing that care, service and training
        because of severe emotional disturbances, physical
        disability, social adjustment or any combination
        thereof, or because of the need to complete an
        educational or vocational training program.
        (2) "Homeless youth" means persons found within the
    State who are under the age of 19, are not in a safe and
    stable living situation and cannot be reunited with their
    families.
        (3) "Child welfare services" means public social
    services which are directed toward the accomplishment of
    the following purposes:
            (A) protecting and promoting the health, safety
        and welfare of children, including homeless, dependent
        or neglected children;
            (B) remedying, or assisting in the solution of
        problems which may result in, the neglect, abuse,
        exploitation or delinquency of children;
            (C) preventing the unnecessary separation of
        children from their families by identifying family
        problems, assisting families in resolving their
        problems, and preventing the breakup of the family
        where the prevention of child removal is desirable and
        possible when the child can be cared for at home
        without endangering the child's health and safety;
            (D) restoring to their families children who have
        been removed, by the provision of services to the child
        and the families when the child can be cared for at
        home without endangering the child's health and
        safety;
            (E) placing children in suitable adoptive homes,
        in cases where restoration to the biological family is
        not safe, possible or appropriate;
            (F) assuring safe and adequate care of children
        away from their homes, in cases where the child cannot
        be returned home or cannot be placed for adoption. At
        the time of placement, the Department shall consider
        concurrent planning, as described in subsection (l-1)
        of this Section so that permanency may occur at the
        earliest opportunity. Consideration should be given so
        that if reunification fails or is delayed, the
        placement made is the best available placement to
        provide permanency for the child;
            (G) (blank);
            (H) (blank); and
            (I) placing and maintaining children in facilities
        that provide separate living quarters for children
        under the age of 18 and for children 18 years of age
        and older, unless a child 18 years of age is in the
        last year of high school education or vocational
        training, in an approved individual or group treatment
        program, in a licensed shelter facility, or secure
        child care facility. The Department is not required to
        place or maintain children:
                (i) who are in a foster home, or
                (ii) who are persons with a developmental
            disability, as defined in the Mental Health and
            Developmental Disabilities Code, or
                (iii) who are female children who are
            pregnant, pregnant and parenting or parenting, or
                (iv) who are siblings, in facilities that
            provide separate living quarters for children 18
            years of age and older and for children under 18
            years of age.
    (b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
    (c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
    (d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or
the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
    (e) (Blank).
    (f) (Blank).
    (g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
        (1) adoption;
        (2) foster care;
        (3) family counseling;
        (4) protective services;
        (5) (blank);
        (6) homemaker service;
        (7) return of runaway children;
        (8) (blank);
        (9) placement under Section 5-7 of the Juvenile Court
    Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
    Court Act of 1987 in accordance with the federal Adoption
    Assistance and Child Welfare Act of 1980; and
        (10) interstate services.
    Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in alcohol and drug abuse screening techniques
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
    (h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
    (i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
        (1) case management;
        (2) homemakers;
        (3) counseling;
        (4) parent education;
        (5) day care; and
        (6) emergency assistance and advocacy.
    In addition, the following services may be made available
to assess and meet the needs of children and families:
        (1) comprehensive family-based services;
        (2) assessments;
        (3) respite care; and
        (4) in-home health services.
    The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
    (j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were youth
in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
    The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
    Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
    (j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
    (k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act or
the Juvenile Court Act of 1987.
    (l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and Neglected
Child Reporting Act, to help families, including adoptive and
extended families. Family preservation services shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the
children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
    The Department shall notify the child and his family of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary. The Department may also provide
services to any child or family after completion of a family
assessment, as an alternative to an investigation, as provided
under the "differential response program" provided for in
subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
    The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) this amendatory Act of the
98th General Assembly and before January 1, 2017, a minor
charged with a criminal offense under the Criminal Code of 1961
or the Criminal Code of 2012 or adjudicated delinquent shall
not be placed in the custody of or committed to the Department
by any court, except (i) a minor less than 16 years of age
committed to the Department under Section 5-710 of the Juvenile
Court Act of 1987, (ii) a minor for whom an independent basis
of abuse, neglect, or dependency exists, which must be defined
by departmental rule, or (iii) a minor for whom the court has
granted a supplemental petition to reinstate wardship pursuant
to subsection (2) of Section 2-33 of the Juvenile Court Act of
1987. On and after January 1, 2017, a minor charged with a
criminal offense under the Criminal Code of 1961 or the
Criminal Code of 2012 or adjudicated delinquent shall not be
placed in the custody of or committed to the Department by any
court, except (i) a minor less than 15 years of age committed
to the Department under Section 5-710 of the Juvenile Court Act
of 1987, ii) a minor for whom an independent basis of abuse,
neglect, or dependency exists, which must be defined by
departmental rule, or (iii) a minor for whom the court has
granted a supplemental petition to reinstate wardship pursuant
to subsection (2) of Section 2-33 of the Juvenile Court Act of
1987. An independent basis exists when the allegations or
adjudication of abuse, neglect, or dependency do not arise from
the same facts, incident, or circumstances which give rise to a
charge or adjudication of delinquency. The Department shall
assign a caseworker to attend any hearing involving a youth in
the care and custody of the Department who is placed on
aftercare release, including hearings involving sanctions for
violation of aftercare release conditions and aftercare
release revocation hearings.
    As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and stress
of caring for a child who has been diagnosed with a pervasive
developmental disorder if the Department determines that those
services are necessary to ensure the health and safety of the
child. The Department may offer services to any family whether
or not a report has been filed under the Abused and Neglected
Child Reporting Act. The Department may refer the child or
family to services available from other agencies in the
community if the conditions in the child's or family's home are
reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
these services shall be voluntary. The Department shall develop
and implement a public information campaign to alert health and
social service providers and the general public about these
special family preservation services. The nature and scope of
the services offered and the number of families served under
the special program implemented under this paragraph shall be
determined by the level of funding that the Department annually
allocates for this purpose. The term "pervasive developmental
disorder" under this paragraph means a neurological condition,
including but not limited to, Asperger's Syndrome and autism,
as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.
    (l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
    When determining reasonable efforts to be made with respect
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
    When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
    A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
    The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
        (1) the likelihood of prompt reunification;
        (2) the past history of the family;
        (3) the barriers to reunification being addressed by
    the family;
        (4) the level of cooperation of the family;
        (5) the foster parents' willingness to work with the
    family to reunite;
        (6) the willingness and ability of the foster family to
    provide an adoptive home or long-term placement;
        (7) the age of the child;
        (8) placement of siblings.
    (m) The Department may assume temporary custody of any
child if:
        (1) it has received a written consent to such temporary
    custody signed by the parents of the child or by the parent
    having custody of the child if the parents are not living
    together or by the guardian or custodian of the child if
    the child is not in the custody of either parent, or
        (2) the child is found in the State and neither a
    parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
    The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
    The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
    A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain
temporary custody of the child until the court orders
otherwise. If a petition is not filed within the 10-day 10 day
period, the child shall be surrendered to the custody of the
requesting parent, guardian or custodian not later than the
expiration of the 10-day 10 day period, at which time the
authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
    (m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to
Section 3-15-2 of the Unified Code of Corrections, unless the
child is a youth in care who was placed in the care of the
Department before being subject to placement in a correctional
facility and a court of competent jurisdiction has ordered
placement of the child in a secure care facility.
    (n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
    (n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
    (o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Youth in
care who are placed by private child welfare agencies, and
foster families with whom those youth are placed, shall be
afforded the same procedural and appeal rights as children and
families in the case of placement by the Department, including
the right to an initial review of a private agency decision by
that agency. The Department shall ensure that any private child
welfare agency, which accepts youth in care for placement,
affords those rights to children and foster families. The
Department shall accept for administrative review and an appeal
hearing a complaint made by (i) a child or foster family
concerning a decision following an initial review by a private
child welfare agency or (ii) a prospective adoptive parent who
alleges a violation of subsection (j-5) of this Section. An
appeal of a decision concerning a change in the placement of a
child shall be conducted in an expedited manner. A court
determination that a current foster home placement is necessary
and appropriate under Section 2-28 of the Juvenile Court Act of
1987 does not constitute a judicial determination on the merits
of an administrative appeal, filed by a former foster parent,
involving a change of placement decision.
    (p) (Blank).
    (q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
    The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
    In disbursing funds from children's accounts, the
Department shall:
        (1) Establish standards in accordance with State and
    federal laws for disbursing money from children's
    accounts. In all circumstances, the Department's
    "Guardianship Administrator" or his or her designee must
    approve disbursements from children's accounts. The
    Department shall be responsible for keeping complete
    records of all disbursements for each account for any
    purpose.
        (2) Calculate on a monthly basis the amounts paid from
    State funds for the child's board and care, medical care
    not covered under Medicaid, and social services; and
    utilize funds from the child's account, as covered by
    regulation, to reimburse those costs. Monthly,
    disbursements from all children's accounts, up to 1/12 of
    $13,000,000, shall be deposited by the Department into the
    General Revenue Fund and the balance over 1/12 of
    $13,000,000 into the DCFS Children's Services Fund.
        (3) Maintain any balance remaining after reimbursing
    for the child's costs of care, as specified in item (2).
    The balance shall accumulate in accordance with relevant
    State and federal laws and shall be disbursed to the child
    or his or her guardian, or to the issuing agency.
    (r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names of
such children who have not been placed for adoption. A list of
such names and addresses shall be maintained by the Department
or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and of
the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and of
the child.
    (s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
    (t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
        (1) an order entered by an Illinois court specifically
    directs the Department to perform such services; and
        (2) the court has ordered one or both of the parties to
    the proceeding to reimburse the Department for its
    reasonable costs for providing such services in accordance
    with Department rules, or has determined that neither party
    is financially able to pay.
    The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
    (u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
parents or other caretaker:
        (1) available detailed information concerning the
    child's educational and health history, copies of
    immunization records (including insurance and medical card
    information), a history of the child's previous
    placements, if any, and reasons for placement changes
    excluding any information that identifies or reveals the
    location of any previous caretaker;
        (2) a copy of the child's portion of the client service
    plan, including any visitation arrangement, and all
    amendments or revisions to it as related to the child; and
        (3) information containing details of the child's
    individualized educational plan when the child is
    receiving special education services.
    The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
    The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
    (u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
    (v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
if the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
    (v-1) Prior to final approval for placement of a child, the
Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if
the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
    (v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
    (w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
    (x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
    (y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189) this amendatory Act of the 96th General
Assembly, a child with a disability who receives residential
and educational services from the Department shall be eligible
to receive transition services in accordance with Article 14 of
the School Code from the age of 14.5 through age 21, inclusive,
notwithstanding the child's residential services arrangement.
For purposes of this subsection, "child with a disability"
means a child with a disability as defined by the federal
Individuals with Disabilities Education Improvement Act of
2004.
    (z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
    For purposes of this subsection:
    "Background information" means all of the following:
        (i) Upon the request of the Department of Children and
    Family Services, conviction information obtained from the
    Department of State Police as a result of a
    fingerprint-based criminal history records check of the
    Illinois criminal history records database and the Federal
    Bureau of Investigation criminal history records database
    concerning a Department employee or Department applicant.
        (ii) Information obtained by the Department of
    Children and Family Services after performing a check of
    the Department of State Police's Sex Offender Database, as
    authorized by Section 120 of the Sex Offender Community
    Notification Law, concerning a Department employee or
    Department applicant.
        (iii) Information obtained by the Department of
    Children and Family Services after performing a check of
    the Child Abuse and Neglect Tracking System (CANTS)
    operated and maintained by the Department.
    "Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
    "Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised
1-22-18.)
 
    (20 ILCS 505/35.7)
    Sec. 35.7. Error Reduction Implementations Plans;
Inspector General.
    (a) The Inspector General of the Department of Children and
Family Services shall develop Error Reduction Implementation
Plans, as necessary, to remedy patterns of errors or
problematic practices that compromise or threaten the safety of
children as identified in the DCFS Office of the Inspector
General (OIG) death or serious injury investigations and Child
Death Review Teams recommendations. The Error Reduction
Implementation Plans shall include both training and on-site
components. The Inspector General shall submit proposed Error
Reduction Implementation Plans to the Director for review. The
Director may approve the plans submitted, or approve plans
amended by the Office of the Inspector General, taking into
consideration policies polices and procedures that govern the
function and performance of any affected frontline staff. The
Director shall document the basis for disapproval of any
submitted or amended plan. The Department shall deploy Error
Reduction Safety Teams to implement the Error Reduction
Implementation Plans. The Error Reduction Safety Teams shall be
composed of Quality Assurance and Division of Training staff to
implement hands-on training and Error Reduction Implementation
Plans. The teams shall work in the offices of the Department or
of agencies, or both, as required by the Error Reduction
Implementation Plans, and shall work to ensure that systems are
in place to continue reform efforts after the departure of the
teams. The Director shall develop a method to ensure consistent
compliance with any Error Reduction Implementation Plans, the
provisions of which shall be incorporated into the plan.
    (b) Quality Assurance shall prepare public reports
annually detailing the following: the substance of any Error
Reduction Implementation Plan approved; any deviations from
the Error Reduction Plan; whether adequate staff was available
to perform functions necessary to the Error Reduction
Implementation Plan, including identification and reporting of
any staff needs; other problems noted or barriers to
implementing the Error Reduction Implementation Plan; and
recommendations for additional training, amendments to rules
and procedures, or other systemic reform identified by the
teams. Quality Assurance shall work with affected frontline
staff to implement provisions of the approved Error Reduction
Implementation Plans related to staff function and
performance.
    (c) The Error Reduction Teams shall implement training and
reform protocols through incubating change in each region,
Department office, or purchase of service office, as required.
The teams shall administer hands-on assistance, supervision,
and management while ensuring that the office, region, or
agency develops the skills and systems necessary to incorporate
changes on a permanent basis. For each Error Reduction
Implementation Plan, the Team shall determine whether adequate
staff is available to fulfill the Error Reduction
Implementation Plan, provide case-by-case supervision to
ensure that the plan is implemented, and ensure that management
puts systems in place to enable the reforms to continue. Error
Reduction Teams shall work with affected frontline staff to
ensure that provisions of the approved Error Reduction
Implementation Plans relating to staff functions and
performance are achieved to effect necessary reforms.
    (d) The OIG shall develop and submit new Error Reduction
Implementation Plans as necessary. To implement each Error
Reduction Implementation Plan, as approved by the Director, the
OIG shall work with Quality Assurance members of the Error
Reduction Teams designated by the Department. The teams shall
be comprised of staff from Quality Assurance and Training.
Training shall work with the OIG and with the child death
review teams to develop a curriculum to address errors
identified that compromise the safety of children. Following
the training roll-out, the Teams shall work on-site in
identified offices. The Teams shall review and supervise all
work relevant to the Error Reduction Implementation Plan.
Quality Assurance shall identify outcome measures and track
compliance with the training curriculum. Each quarter, Quality
Assurance shall prepare a report detailing compliance with the
Error Reduction Implementation Plan and alert the Director to
staffing needs or other needs to accomplish the goals of the
Error Reduction Implementation Plan. The report shall be
transmitted to the Director, the OIG, and all management staff
involved in the Error Reduction Implementation Plan.
    (e) The Director shall review quarterly Quality Assurance
reports and determine adherence to the Error Reduction
Implementation Plan using criteria and standards developed by
the Department.
(Source: P.A. 95-527, eff. 6-1-08; revised 9-27-17.)
 
    Section 45. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-1020 as follows:
 
    (20 ILCS 605/605-1020)
    Sec. 605-1020. Entrepreneur Learner's Permit pilot
program.
    (a) Subject to appropriation, there is hereby established
an Entrepreneur Learner's Permit pilot program that shall be
administered by the Department beginning on July 1 of the first
fiscal year for which an appropriation of State moneys is made
for that purpose and continuing for the next 2 immediately
succeeding fiscal years; however, the Department is not
required to administer the program in any fiscal year for which
such an appropriation has not been made. The purpose of the
program shall be to encourage and assist beginning
entrepreneurs in starting new information services,
biotechnology, and green technology businesses by providing
reimbursements to those entrepreneurs for any State filing,
permitting, or licensing fees associated with the formation of
such a business in the State.
    (b) Applicants for participation in the Entrepreneur
Learner's Permit pilot program shall apply to the Department,
in a form and manner prescribed by the Department, prior to the
formation of the business for which the entrepreneur seeks
reimbursement of those fees. The Department shall adopt rules
for the review and approval of applications, provided that it
(1) shall give priority to applicants who are women female or
minority persons, or both, and (2) shall not approve any
application by a person who will not be a beginning
entrepreneur. Reimbursements under this Section shall be
provided in the manner determined by the Department. In no
event shall an applicant apply for participation in the program
more than 3 times.
    (c) The aggregate amount of all reimbursements provided by
the Department pursuant to this Section shall not exceed
$500,000 in any State fiscal year.
    (d) On or before February 1 of the last calendar year
during which the pilot program is in effect, the Department
shall submit a report to the Governor and the General Assembly
on the cumulative effectiveness of the Entrepreneur Learner's
Permit pilot program. The review shall include, but not be
limited to, the number and type of businesses that were formed
in connection with the pilot program, the current status of
each business formed in connection with the pilot program, the
number of employees employed by each such business, the
economic impact to the State from the pilot program, the
satisfaction of participants in the pilot program, and a
recommendation as to whether the program should be continued.
    (e) As used in this Section:
        "Beginning entrepreneur" means an individual who, at
    the time he or she applies for participation in the
    program, has less than 5 years of experience as a business
    owner and is not a current business owner.
        "Woman" "Female" and "minority person" have the
    meanings given to those terms in the Business Enterprise
    for Minorities, Women Females, and Persons with
    Disabilities Act.
(Source: P.A. 100-541, eff. 11-7-17; revised 12-14-17.)
 
    Section 50. The Illinois Emergency Employment Development
Act is amended by changing Section 17 as follows:
 
    (20 ILCS 630/17)
    Sec. 17. Work incentive demonstration project. The
coordinator and members of the Advisory Committee shall explore
available resources to leverage in combination with the wage
subsidies in this Act to develop a Transitional Jobs program.
This Transitional Jobs program would prioritize services for
individuals with limited experience in the labor market and
barriers to employment, including, but not limited to,
recipients of Temporary Assistance for to Needy Families,
Supplemental Nutrition Assistance Program, or other related
public assistance, and people with criminal records.
(Source: P.A. 97-581, eff. 8-26-11; 97-813, eff. 7-13-12;
revised 10-4-17.)
 
    Section 55. The Rural Diversification Act is amended by
changing Section 2 as follows:
 
    (20 ILCS 690/2)  (from Ch. 5, par. 2252)
    Sec. 2. Findings and declaration of policy. The General
Assembly hereby finds, determines, and declares:
        (a) That Illinois is a state of diversified economic
    strength and that an important economic strength in
    Illinois is derived from rural business production and the
    agribusiness industry;
        (b) That the Illinois rural economy is in a state of
    transition, which presents a unique opportunity for the
    State to act on its growth and development;
        (c) That full and continued growth and development of
    Illinois' rural economy, especially in the small towns and
    farm communities, is vital for Illinois;
        (d) That by encouraging the development of diversified
    rural business and agricultural production, nonproduction
    and processing activities in Illinois, the State creates a
    beneficial climate for new and improved job opportunities
    for its citizens and expands jobs and job training
    opportunities;
        (e) That in order to cultivate strong rural economic
    growth and development in Illinois, it is necessary to
    proceed with a plan which encourages Illinois rural
    businesses and agribusinesses to expand business
    employment opportunities through diversification of
    business and industries, offers managerial, technical, and
    financial assistance to or on behalf of rural businesses
    and agribusiness, and works in a cooperative venture and
    spirit with Illinois' business, labor, local government,
    educational, and scientific communities;
        (f) That dedication of State resources over a
    multi-year period targeted to promoting the growth and
    development of one or more classes of diversified rural
    products, particularly new agricultural products, is an
    effective use of State funds;
        (g) That the United States Congress, having identified
    similar needs and purposes has enacted legislation
    creating the United States Department of
    Agriculture/Farmers Home Administration Non-profit
    National Finance Corporations Loan and Grant Program and
    made funding available to the states consistent with the
    purposes of this Act; .
        (h) That the Illinois General Assembly has enacted
    "Rural Revival" and a series of "Harvest the Heartland"
    initiatives which create within the Illinois Finance
    Authority a "Seed Capital Fund" to provide venture capital
    for emerging new agribusinesses, and to help coordinate
    cooperative research and development on new agriculture
    technologies in conjunction with the Agricultural Research
    and Development Consortium in Peoria, the United States
    Department of Agriculture Northern Regional Research
    Laboratory in Peoria, the institutions of higher learning
    in Illinois, and the agribusiness community of this State,
    identify the need for enhanced efforts by the State to
    promote the use of fuels utilizing ethanol made from
    Illinois grain, and promote forestry development in this
    State; and
        (i) That there is a need to coordinate the many
    programs offered by the State of Illinois Departments of
    Agriculture, Commerce and Economic Opportunity, and
    Natural Resources, and the Illinois Finance Authority that
    are targeted to agriculture and the rural community with
    those offered by the federal government. Therefore it is
    desirable that the fullest measure of coordination and
    integration of the programs offered by the various state
    agencies and the federal government be achieved.
(Source: P.A. 95-331, eff. 8-21-07; revised 10-4-17.)
 
    Section 60. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by changing Section 805-45 as follows:
 
    (20 ILCS 805/805-45)
    Sec. 805-45. Adopt-a-Trail program.
    (a) The Department shall establish an "Adopt-a-Trail"
program that will allow volunteer groups to assist in
maintaining and enhancing trails on State owned land.
    (b) Subject to subsection (c) of this Section, volunteer
groups in the Adopt-a-Trail program may adopt any available
trail or trail segment and may choose any one or more of the
following volunteer activities:
        (1) spring cleanups;
        (2) accessibility projects;
        (3) special events;
        (4) trail maintenance, enhancement, or realignment;
        (5) public information and assistance; or
        (6) training.
    The Department shall designate and approve specific
activities to be performed by a volunteer group in the
Adopt-a-Trail program which shall be executed with an approved
Adopt-a-Trail agreement. Volunteer services shall not include
work historically performed by Department employees, including
services that result in a reduction of hours or compensation or
that may be performed by an employee on layoff, ; nor shall
volunteer services be inconsistent with the terms of a
collective bargaining agreement. The Department may provide
for more than one volunteer group to adopt an eligible trail or
trail segment.
    (c) If the Department operates other programs in the
vicinity of the trail that allows volunteers to participate in
the Department's Adopt-A-Park Adopt-a-park program or other
resource, the Department shall coordinate these programs to
provide for efficient and effective volunteer programs in the
area.
    (d) A volunteer group that wishes to participate in the
Adopt-a-Trail program shall submit an application to the
Department on a form provided by the Department. Volunteer
groups shall agree to the following:
        (1) volunteer groups shall participate in the program
    for at least a 2-year period;
        (2) volunteer groups shall consist of at least 6 people
    who are 18 years of age or older, unless the volunteer
    group is a school or scout organization, in which case the
    volunteers may be under 18 years of age, but supervised by
    someone over the age of 18;
        (3) volunteer groups shall contribute a total of at
    least 200 service hours over a 2-year period;
        (4) volunteer groups shall only execute Adopt-a-Trail
    projects and activities after a volunteer project
    agreement has been completed and approved by the
    Department; and
        (5) volunteer groups shall comply with all reasonable
    requirements of the Department.
(Source: P.A. 100-180, eff. 8-18-17; revised 10-5-17.)
 
    Section 65. The Department of Human Services Act is amended
by changing Section 1-17 and by setting forth, renumbering, and
changing multiple versions of Section 1-65 as follows:
 
    (20 ILCS 1305/1-17)
    Sec. 1-17. Inspector General.
    (a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.
    (b) Definitions. The following definitions apply to this
Section:
    "Adult student with a disability" means an adult student,
age 18 through 21, inclusive, with an Individual Education
Program, other than a resident of a facility licensed by the
Department of Children and Family Services in accordance with
the Child Care Act of 1969. For purposes of this definition,
"through age 21, inclusive", means through the day before the
student's 22nd birthday.
    "Agency" or "community agency" means (i) a community agency
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of the
State, to provide mental health service or developmental
disabilities service, or (ii) a program licensed, funded, or
certified by the Department, but not licensed or certified by
any other human services agency of the State, to provide mental
health service or developmental disabilities service.
    "Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
    "Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an employee,
facility, or agency against an individual or individuals:
mental abuse, physical abuse, sexual abuse, neglect, or
financial exploitation.
    "Day" means working day, unless otherwise specified.
    "Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
    "Department" means the Department of Human Services.
    "Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
    "Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
    "Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual
agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This
includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
    "Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
    "Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
    "Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
    "Health Care Worker Registry" or "Registry" means the
Health Care Worker Registry under the Health Care Worker
Background Check Act.
    "Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
    "Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
    "Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
    "Mentally ill" means having a mental illness.
    "Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or
both the severity of the conduct and the culpability of the
accused.
    "Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in
either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
    "Person with a developmental disability" means a person
having a developmental disability.
    "Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
    "Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
    "Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
    "Secretary" means the Chief Administrative Officer of the
Department.
    "Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of
sexually explicit images to an individual via computer,
cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
    "Sexually explicit images" includes, but is not limited to,
any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sado-masochistic abuse.
    "Substantiated" means there is a preponderance of the
evidence to support the allegation.
    "Unfounded" means there is no credible evidence to support
the allegation.
    "Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
    (c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
    (d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
    (e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State in
investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
    (f) Limitations. The Inspector General shall not conduct an
investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection limits
investigations by the Department that may otherwise be required
by law or that may be necessary in the Department's capacity as
central administrative authority responsible for the operation
of the State's mental health and developmental disabilities
facilities.
    (g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with, an
investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department in
preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
    (h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons receiving
treatment for mental illness, developmental disability, or
both mental illness and developmental disability, and (ii)
establish and conduct periodic training programs for facility
and agency employees concerning the prevention and reporting of
any one or more of the following: mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation. Nothing in this Section shall be deemed to
prevent the Office of Inspector General from conducting any
other training as determined by the Inspector General to be
necessary or helpful.
    (i) Duty to cooperate.
        (1) The Inspector General shall at all times be granted
    access to any facility or agency for the purpose of
    investigating any allegation, conducting unannounced site
    visits, monitoring compliance with a written response, or
    completing any other statutorily assigned duty. The
    Inspector General shall conduct unannounced site visits to
    each facility at least annually for the purpose of
    reviewing and making recommendations on systemic issues
    relative to preventing, reporting, investigating, and
    responding to all of the following: mental abuse, physical
    abuse, sexual abuse, neglect, egregious neglect, or
    financial exploitation.
        (2) Any employee who fails to cooperate with an Office
    of the Inspector General investigation is in violation of
    this Act. Failure to cooperate with an investigation
    includes, but is not limited to, any one or more of the
    following: (i) creating and transmitting a false report to
    the Office of the Inspector General hotline, (ii) providing
    false information to an Office of the Inspector General
    Investigator during an investigation, (iii) colluding with
    other employees to cover up evidence, (iv) colluding with
    other employees to provide false information to an Office
    of the Inspector General investigator, (v) destroying
    evidence, (vi) withholding evidence, or (vii) otherwise
    obstructing an Office of the Inspector General
    investigation. Additionally, any employee who, during an
    unannounced site visit or written response compliance
    check, fails to cooperate with requests from the Office of
    the Inspector General is in violation of this Act.
    (j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
    (k) Reporting allegations and deaths.
        (1) Allegations. If an employee witnesses, is told of,
    or has reason to believe an incident of mental abuse,
    physical abuse, sexual abuse, neglect, or financial
    exploitation has occurred, the employee, agency, or
    facility shall report the allegation by phone to the Office
    of the Inspector General hotline according to the agency's
    or facility's procedures, but in no event later than 4
    hours after the initial discovery of the incident,
    allegation, or suspicion of any one or more of the
    following: mental abuse, physical abuse, sexual abuse,
    neglect, or financial exploitation. A required reporter as
    defined in subsection (b) of this Section who knowingly or
    intentionally fails to comply with these reporting
    requirements is guilty of a Class A misdemeanor.
        (2) Deaths. Absent an allegation, a required reporter
    shall, within 24 hours after initial discovery, report by
    phone to the Office of the Inspector General hotline each
    of the following:
            (i) Any death of an individual occurring within 14
        calendar days after discharge or transfer of the
        individual from a residential program or facility.
            (ii) Any death of an individual occurring within 24
        hours after deflection from a residential program or
        facility.
            (iii) Any other death of an individual occurring at
        an agency or facility or at any Department-funded site.
        (3) Retaliation. It is a violation of this Act for any
    employee or administrator of an agency or facility to take
    retaliatory action against an employee who acts in good
    faith in conformance with his or her duties as a required
    reporter.
    (l) Reporting to law enforcement.
        (1) Reporting criminal acts. Within 24 hours after
    determining that there is credible evidence indicating
    that a criminal act may have been committed or that special
    expertise may be required in an investigation, the
    Inspector General shall notify the Department of State
    Police or other appropriate law enforcement authority, or
    ensure that such notification is made. The Department of
    State Police shall investigate any report from a
    State-operated facility indicating a possible murder,
    sexual assault, or other felony by an employee. All
    investigations conducted by the Inspector General shall be
    conducted in a manner designed to ensure the preservation
    of evidence for possible use in a criminal prosecution.
        (2) Reporting allegations of adult students with
    disabilities. Upon receipt of a reportable allegation
    regarding an adult student with a disability, the
    Department's Office of the Inspector General shall
    determine whether the allegation meets the criteria for the
    Domestic Abuse Program under the Abuse of Adults with
    Disabilities Intervention Act. If the allegation is
    reportable to that program, the Office of the Inspector
    General shall initiate an investigation. If the allegation
    is not reportable to the Domestic Abuse Program, the Office
    of the Inspector General shall make an expeditious referral
    to the respective law enforcement entity. If the alleged
    victim is already receiving services from the Department,
    the Office of the Inspector General shall also make a
    referral to the respective Department of Human Services'
    Division or Bureau.
    (m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, finding an
allegation is unsubstantiated, or if a recommendation is made,
the Inspector General shall provide the investigative report on
the case to the Secretary and to the director of the facility
or agency where any one or more of the following occurred:
mental abuse, physical abuse, sexual abuse, neglect, egregious
neglect, or financial exploitation. The director of the
facility or agency shall be responsible for maintaining the
confidentiality of the investigative report consistent with
State and federal law. In a substantiated case, the
investigative report shall include any mitigating or
aggravating circumstances that were identified during the
investigation. If the case involves substantiated neglect, the
investigative report shall also state whether egregious
neglect was found. An investigative report may also set forth
recommendations. All investigative reports prepared by the
Office of the Inspector General shall be considered
confidential and shall not be released except as provided by
the law of this State or as required under applicable federal
law. Unsubstantiated and unfounded reports shall not be
disclosed except as allowed under Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act. Raw
data used to compile the investigative report shall not be
subject to release unless required by law or a court order.
"Raw data used to compile the investigative report" includes,
but is not limited to, any one or more of the following: the
initial complaint, witness statements, photographs,
investigator's notes, police reports, or incident reports. If
the allegations are substantiated, the accused shall be
provided with a redacted copy of the investigative report.
Death reports where there was no allegation of abuse or neglect
shall only be released pursuant to applicable State or federal
law or a valid court order.
    (n) Written responses and reconsideration requests.
        (1) Written responses. Within 30 calendar days from
    receipt of a substantiated investigative report or an
    investigative report which contains recommendations,
    absent a reconsideration request, the facility or agency
    shall file a written response that addresses, in a concise
    and reasoned manner, the actions taken to: (i) protect the
    individual; (ii) prevent recurrences; and (iii) eliminate
    the problems identified. The response shall include the
    implementation and completion dates of such actions. If the
    written response is not filed within the allotted 30
    calendar day period, the Secretary shall determine the
    appropriate corrective action to be taken.
        (2) Reconsideration requests. The facility, agency,
    victim or guardian, or the subject employee may request
    that the Office of Inspector General reconsider or clarify
    its finding based upon additional information.
    (o) Disclosure of the finding by the Inspector General. The
Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
    (p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure or certification,
or (iv) the imposition of appropriate sanctions.
    (q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30-day 30 day period, the facility or
agency shall send updated implementation reports every 60 days
until completion. The Inspector General shall conduct a review
of any implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may include,
but are not limited to: (i) site visits, (ii) telephone
contact, and (iii) requests for additional documentation
evidencing compliance.
    (r) Sanctions. Sanctions, if imposed by the Secretary under
Subdivision (p)(iv) of this Section, shall be designed to
prevent further acts of mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation
or some combination of one or more of those acts at a facility
or agency, and may include any one or more of the following:
        (1) Appointment of on-site monitors.
        (2) Transfer or relocation of an individual or
    individuals.
        (3) Closure of units.
        (4) Termination of any one or more of the following:
    (i) Department licensing, (ii) funding, or (iii)
    certification.
    The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's Attorney
in implementing sanctions.
    (s) Health Care Worker Registry.
        (1) Reporting to the Registry. The Inspector General
    shall report to the Department of Public Health's Health
    Care Worker Registry, a public registry, the identity and
    finding of each employee of a facility or agency against
    whom there is a final investigative report containing a
    substantiated allegation of physical or sexual abuse,
    financial exploitation, or egregious neglect of an
    individual.
        (2) Notice to employee. Prior to reporting the name of
    an employee, the employee shall be notified of the
    Department's obligation to report and shall be granted an
    opportunity to request an administrative hearing, the sole
    purpose of which is to determine if the substantiated
    finding warrants reporting to the Registry. Notice to the
    employee shall contain a clear and concise statement of the
    grounds on which the report to the Registry is based, offer
    the employee an opportunity for a hearing, and identify the
    process for requesting such a hearing. Notice is sufficient
    if provided by certified mail to the employee's last known
    address. If the employee fails to request a hearing within
    30 days from the date of the notice, the Inspector General
    shall report the name of the employee to the Registry.
    Nothing in this subdivision (s)(2) shall diminish or impair
    the rights of a person who is a member of a collective
    bargaining unit under the Illinois Public Labor Relations
    Act or under any other federal labor statute.
        (3) Registry hearings. If the employee requests an
    administrative hearing, the employee shall be granted an
    opportunity to appear before an administrative law judge to
    present reasons why the employee's name should not be
    reported to the Registry. The Department shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that the substantiated
    finding warrants reporting to the Registry. After
    considering all the evidence presented, the administrative
    law judge shall make a recommendation to the Secretary as
    to whether the substantiated finding warrants reporting
    the name of the employee to the Registry. The Secretary
    shall render the final decision. The Department and the
    employee shall have the right to request that the
    administrative law judge consider a stipulated disposition
    of these proceedings.
        (4) Testimony at Registry hearings. A person who makes
    a report or who investigates a report under this Act shall
    testify fully in any judicial proceeding resulting from
    such a report, as to any evidence of abuse or neglect, or
    the cause thereof. No evidence shall be excluded by reason
    of any common law or statutory privilege relating to
    communications between the alleged perpetrator of abuse or
    neglect, or the individual alleged as the victim in the
    report, and the person making or investigating the report.
    Testimony at hearings is exempt from the confidentiality
    requirements of subsection (f) of Section 10 of the Mental
    Health and Developmental Disabilities Confidentiality Act.
        (5) Employee's rights to collateral action. No
    reporting to the Registry shall occur and no hearing shall
    be set or proceed if an employee notifies the Inspector
    General in writing, including any supporting
    documentation, that he or she is formally contesting an
    adverse employment action resulting from a substantiated
    finding by complaint filed with the Illinois Civil Service
    Commission, or which otherwise seeks to enforce the
    employee's rights pursuant to any applicable collective
    bargaining agreement. If an action taken by an employer
    against an employee as a result of a finding of physical
    abuse, sexual abuse, or egregious neglect is overturned
    through an action filed with the Illinois Civil Service
    Commission or under any applicable collective bargaining
    agreement and if that employee's name has already been sent
    to the Registry, the employee's name shall be removed from
    the Registry.
        (6) Removal from Registry. At any time after the report
    to the Registry, but no more than once in any 12-month
    period, an employee may petition the Department in writing
    to remove his or her name from the Registry. Upon receiving
    notice of such request, the Inspector General shall conduct
    an investigation into the petition. Upon receipt of such
    request, an administrative hearing will be set by the
    Department. At the hearing, the employee shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that removal of the name
    from the Registry is in the public interest. The parties
    may jointly request that the administrative law judge
    consider a stipulated disposition of these proceedings.
    (t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving Health Care
Worker Registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
    (u) Quality Care Board. There is created, within the Office
of the Inspector General, a Quality Care Board to be composed
of 7 members appointed by the Governor with the advice and
consent of the Senate. One of the members shall be designated
as chairman by the Governor. Of the initial appointments made
by the Governor, 4 Board members shall each be appointed for a
term of 4 years and 3 members shall each be appointed for a
term of 2 years. Upon the expiration of each member's term, a
successor shall be appointed for a term of 4 years. In the case
of a vacancy in the office of any member, the Governor shall
appoint a successor for the remainder of the unexpired term.
    Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be
persons with a disability or a parent of a person with a
disability. Members shall serve without compensation, but
shall be reimbursed for expenses incurred in connection with
the performance of their duties as members.
    The Board shall meet quarterly, and may hold other meetings
on the call of the chairman. Four members shall constitute a
quorum allowing the Board to conduct its business. The Board
may adopt rules and regulations it deems necessary to govern
its own procedures.
    The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure the
prompt and thorough investigation of allegations of neglect and
abuse. In fulfilling these responsibilities, the Board may do
the following:
        (1) Provide independent, expert consultation to the
    Inspector General on policies and protocols for
    investigations of alleged abuse, neglect, or both abuse and
    neglect.
        (2) Review existing regulations relating to the
    operation of facilities.
        (3) Advise the Inspector General as to the content of
    training activities authorized under this Section.
        (4) Recommend policies concerning methods for
    improving the intergovernmental relationships between the
    Office of the Inspector General and other State or federal
    offices.
    (v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or identifying
information of any individual, but shall include objective data
identifying any trends in the number of reported allegations,
the timeliness of the Office of the Inspector General's
investigations, and their disposition, for each facility and
Department-wide, for the most recent 3-year time period. The
report shall also identify, by facility, the staff-to-patient
ratios taking account of direct care staff only. The report
shall also include detailed recommended administrative actions
and matters for consideration by the General Assembly.
    (w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency. The
Auditor General shall conduct the program audit according to
the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
    (x) Nothing in this Section shall be construed to mean that
an individual is a victim of abuse or neglect because of health
care services appropriately provided or not provided by health
care professionals.
    (y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to an
individual in contravention of that individual's stated or
implied objection to the provision of that service on the
ground that that service conflicts with the individual's
religious beliefs or practices, nor shall the failure to
provide a service to an individual be considered abuse under
this Section if the individual has objected to the provision of
that service based on his or her religious beliefs or
practices.
(Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15;
99-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff.
8-25-17; revised 9-27-17.)
 
    (20 ILCS 1305/1-65)
    (Section scheduled to be repealed on July 1, 2019)
    Sec. 1-65. Intellectual and Developmental Disability Home
and Community-Based Services Task Force.
    (a) The Secretary of Human Services shall appoint a task
force to review current and potential federal funds for home
and community-based service options for individuals with
intellectual or developmental disabilities. The task force
shall consist of all of the following persons:
        (1) The Secretary of Human Services, or his or her
    designee, who shall serve as chairperson of the task force.
        (2) One representative of the Department of Healthcare
    and Family Services.
        (3) Six persons selected from recommendations of
    organizations whose membership consists of providers
    within the intellectual and developmental disabilities
    service delivery system.
        (4) Two persons who are guardians or family members of
    individuals with intellectual or developmental
    disabilities and who do not have responsibility for
    management or formation of policy regarding the programs
    subject to review.
        (5) Two persons selected from the recommendations of
    consumer organizations that engage in advocacy or legal
    representation on behalf of individuals with intellectual
    or developmental disabilities.
        (6) Three persons who self-identify as individuals
    with intellectual or developmental disabilities and who
    are engaged in advocacy for the rights of individuals with
    disabilities. If these persons require supports in the form
    of reasonable accommodations in order to participate, such
    supports shall be provided.
    The task force shall also consist of the following members
appointed as follows:
        (A) One member of the Senate appointed by the President
    of the Senate.
        (B) One member of the Senate appointed by the Minority
    Leader of the Senate.
        (C) One member of the House of Representatives
    appointed by the Speaker of the House of Representatives.
        (D) One member of the House of Representatives
    appointed by the Minority Leader of the House of
    Representatives.
    (b) The task force shall review: the current federal
Medicaid matching funds for services provided in the State;
ways to maximize federal supports for the current services
provided, including attendant services, housing, and other
services to promote independent living; options that require
federal approval and federal funding; ways to minimize the
impact of constituents awaiting services; and all avenues to
utilize federal funding involving home and community-based
services identified by the task force. The Department shall
provide administrative support to the task force.
    (c) The appointments to the task force must be made by July
1, 2017. Task force members shall receive no compensation. The
task force must hold at least 4 hearings. The task force shall
report its findings to the Governor and General Assembly no
later than July 1, 2018, and, upon filing its report, the task
force is dissolved.
    (d) This Section is repealed on July 1, 2019.
(Source: P.A. 100-79, eff. 8-11-17.)
 
    (20 ILCS 1305/1-70)
    Sec. 1-70 1-65. Uniform demographic data collection.
    (a) The Department shall collect and publicly report
statistical data on the racial and ethnic demographics of
program participants for each program administered by the
Department. Except as provided in subsection (b), when
collecting the data required under this Section, the Department
shall use the same racial and ethnic classifications for each
program, which shall include, but not be limited to, the
following:
        (1) American Indian and Alaska Native alone.
        (2) Asian alone.
        (3) Black or African American alone.
        (4) Hispanic or Latino of any race.
        (5) Native Hawaiian and Other Pacific Islander alone.
        (6) White alone.
        (7) Some other race alone.
        (8) Two or more races.
    The Department may further define, by rule, the racial and
ethnic classifications provided in this Section.
    (b) If a program administered by the Department is subject
to federal reporting requirements that include the collection
and public reporting of statistical data on the racial and
ethnic demographics of program participants, the Department
may maintain the same racial and ethnic classifications used
under the federal requirements if such classifications differ
from the classifications listed in subsection (a).
    (c) The Department shall make all demographic information
collected under this Section available to the public which at a
minimum shall include posting the information for each program
in a timely manner on the Department's official website. If the
Department already has a mechanism or process in place to
report information about program participation for any program
administered by the Department, then the Department shall use
that mechanism or process to include the demographic
information collected under this Section. If the Department
does not have a mechanism or process in place to report
information about program participation for any program
administered by the Department, then the Department shall
create a mechanism or process to disseminate the demographic
information collected under this Section.
(Source: P.A. 100-275, eff. 1-1-18; revised 10-3-17.)
 
    Section 70. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
15.4 as follows:
 
    (20 ILCS 1705/15.4)
    Sec. 15.4. Authorization for nursing delegation to permit
direct care staff to administer medications.
    (a) This Section applies to (i) all residential programs
for persons with a developmental disability in settings of 16
persons or fewer that are funded or licensed by the Department
of Human Services and that distribute or administer
medications, (ii) all intermediate care facilities for persons
with developmental disabilities with 16 beds or fewer that are
licensed by the Department of Public Health, and (iii) all day
programs certified to serve persons with developmental
disabilities by the Department of Human Services. The
Department of Human Services shall develop a training program
for authorized direct care staff to administer medications
under the supervision and monitoring of a registered
professional nurse. The training program for authorized direct
care staff shall include educational and oversight components
for staff who work in day programs that are similar to those
for staff who work in residential programs. This training
program shall be developed in consultation with professional
associations representing (i) physicians licensed to practice
medicine in all its branches, (ii) registered professional
nurses, and (iii) pharmacists.
    (b) For the purposes of this Section:
    "Authorized direct care staff" means non-licensed persons
who have successfully completed a medication administration
training program approved by the Department of Human Services
and conducted by a nurse-trainer. This authorization is
specific to an individual receiving service in a specific
agency and does not transfer to another agency.
    "Medications" means oral and topical medications, insulin
in an injectable form, oxygen, epinephrine auto-injectors, and
vaginal and rectal creams and suppositories. "Oral" includes
inhalants and medications administered through enteral tubes,
utilizing aseptic technique. "Topical" includes eye, ear, and
nasal medications. Any controlled substances must be packaged
specifically for an identified individual.
    "Insulin in an injectable form" means a subcutaneous
injection via an insulin pen pre-filled by the manufacturer.
Authorized direct care staff may administer insulin, as ordered
by a physician, advanced practice registered nurse, or
physician assistant, if: (i) the staff has successfully
completed a Department-approved advanced training program
specific to insulin administration developed in consultation
with professional associations listed in subsection (a) of this
Section, and (ii) the staff consults with the registered nurse,
prior to administration, of any insulin dose that is determined
based on a blood glucose test result. The authorized direct
care staff shall not: (i) calculate the insulin dosage needed
when the dose is dependent upon a blood glucose test result, or
(ii) administer insulin to individuals who require blood
glucose monitoring greater than 3 times daily, unless directed
to do so by the registered nurse.
    "Nurse-trainer training program" means a standardized,
competency-based medication administration train-the-trainer
program provided by the Department of Human Services and
conducted by a Department of Human Services master
nurse-trainer for the purpose of training nurse-trainers to
train persons employed or under contract to provide direct care
or treatment to individuals receiving services to administer
medications and provide self-administration of medication
training to individuals under the supervision and monitoring of
the nurse-trainer. The program incorporates adult learning
styles, teaching strategies, classroom management, and a
curriculum overview, including the ethical and legal aspects of
supervising those administering medications.
    "Self-administration of medications" means an individual
administers his or her own medications. To be considered
capable to self-administer their own medication, individuals
must, at a minimum, be able to identify their medication by
size, shape, or color, know when they should take the
medication, and know the amount of medication to be taken each
time.
    "Training program" means a standardized medication
administration training program approved by the Department of
Human Services and conducted by a registered professional nurse
for the purpose of training persons employed or under contract
to provide direct care or treatment to individuals receiving
services to administer medications and provide
self-administration of medication training to individuals
under the delegation and supervision of a nurse-trainer. The
program incorporates adult learning styles, teaching
strategies, classroom management, curriculum overview,
including ethical-legal aspects, and standardized
competency-based evaluations on administration of medications
and self-administration of medication training programs.
    (c) Training and authorization of non-licensed direct care
staff by nurse-trainers must meet the requirements of this
subsection.
        (1) Prior to training non-licensed direct care staff to
    administer medication, the nurse-trainer shall perform the
    following for each individual to whom medication will be
    administered by non-licensed direct care staff:
            (A) An assessment of the individual's health
        history and physical and mental status.
            (B) An evaluation of the medications prescribed.
        (2) Non-licensed authorized direct care staff shall
    meet the following criteria:
            (A) Be 18 years of age or older.
            (B) Have completed high school or have a high
        school equivalency certificate.
            (C) Have demonstrated functional literacy.
            (D) Have satisfactorily completed the Health and
        Safety component of a Department of Human Services
        authorized direct care staff training program.
            (E) Have successfully completed the training
        program, pass the written portion of the comprehensive
        exam, and score 100% on the competency-based
        assessment specific to the individual and his or her
        medications.
            (F) Have received additional competency-based
        assessment by the nurse-trainer as deemed necessary by
        the nurse-trainer whenever a change of medication
        occurs or a new individual that requires medication
        administration enters the program.
        (3) Authorized direct care staff shall be re-evaluated
    by a nurse-trainer at least annually or more frequently at
    the discretion of the registered professional nurse. Any
    necessary retraining shall be to the extent that is
    necessary to ensure competency of the authorized direct
    care staff to administer medication.
        (4) Authorization of direct care staff to administer
    medication shall be revoked if, in the opinion of the
    registered professional nurse, the authorized direct care
    staff is no longer competent to administer medication.
        (5) The registered professional nurse shall assess an
    individual's health status at least annually or more
    frequently at the discretion of the registered
    professional nurse.
    (d) Medication self-administration shall meet the
following requirements:
        (1) As part of the normalization process, in order for
    each individual to attain the highest possible level of
    independent functioning, all individuals shall be
    permitted to participate in their total health care
    program. This program shall include, but not be limited to,
    individual training in preventive health and
    self-medication procedures.
            (A) Every program shall adopt written policies and
        procedures for assisting individuals in obtaining
        preventative health and self-medication skills in
        consultation with a registered professional nurse,
        advanced practice registered nurse, physician
        assistant, or physician licensed to practice medicine
        in all its branches.
            (B) Individuals shall be evaluated to determine
        their ability to self-medicate by the nurse-trainer
        through the use of the Department's required,
        standardized screening and assessment instruments.
            (C) When the results of the screening and
        assessment indicate an individual not to be capable to
        self-administer his or her own medications, programs
        shall be developed in consultation with the Community
        Support Team or Interdisciplinary Team to provide
        individuals with self-medication administration.
        (2) Each individual shall be presumed to be competent
    to self-administer medications if:
            (A) authorized by an order of a physician licensed
        to practice medicine in all its branches, an advanced
        practice registered nurse, or a physician assistant;
        and
            (B) approved to self-administer medication by the
        individual's Community Support Team or
        Interdisciplinary Team, which includes a registered
        professional nurse or an advanced practice registered
        nurse.
    (e) Quality Assurance.
        (1) A registered professional nurse, advanced practice
    registered nurse, licensed practical nurse, physician
    licensed to practice medicine in all its branches,
    physician assistant, or pharmacist shall review the
    following for all individuals:
            (A) Medication orders.
            (B) Medication labels, including medications
        listed on the medication administration record for
        persons who are not self-medicating to ensure the
        labels match the orders issued by the physician
        licensed to practice medicine in all its branches,
        advanced practice registered nurse, or physician
        assistant.
            (C) Medication administration records for persons
        who are not self-medicating to ensure that the records
        are completed appropriately for:
                (i) medication administered as prescribed;
                (ii) refusal by the individual; and
                (iii) full signatures provided for all
            initials used.
        (2) Reviews shall occur at least quarterly, but may be
    done more frequently at the discretion of the registered
    professional nurse or advanced practice registered nurse.
        (3) A quality assurance review of medication errors and
    data collection for the purpose of monitoring and
    recommending corrective action shall be conducted within 7
    days and included in the required annual review.
    (f) Programs using authorized direct care staff to
administer medications are responsible for documenting and
maintaining records on the training that is completed.
    (g) The absence of this training program constitutes a
threat to the public interest, safety, and welfare and
necessitates emergency rulemaking by the Departments of Human
Services and Public Health under Section 5-45 of the Illinois
Administrative Procedure Act.
    (h) Direct care staff who fail to qualify for delegated
authority to administer medications pursuant to the provisions
of this Section shall be given additional education and testing
to meet criteria for delegation authority to administer
medications. Any direct care staff person who fails to qualify
as an authorized direct care staff after initial training and
testing must within 3 months be given another opportunity for
retraining and retesting. A direct care staff person who fails
to meet criteria for delegated authority to administer
medication, including, but not limited to, failure of the
written test on 2 occasions shall be given consideration for
shift transfer or reassignment, if possible. No employee shall
be terminated for failure to qualify during the 3-month time
period following initial testing. Refusal to complete training
and testing required by this Section may be grounds for
immediate dismissal.
    (i) No authorized direct care staff person delegated to
administer medication shall be subject to suspension or
discharge for errors resulting from the staff person's acts or
omissions when performing the functions unless the staff
person's actions or omissions constitute willful and wanton
conduct. Nothing in this subsection is intended to supersede
paragraph (4) of subsection (c).
    (j) A registered professional nurse, advanced practice
registered nurse, physician licensed to practice medicine in
all its branches, or physician assistant shall be on duty or on
call at all times in any program covered by this Section.
    (k) The employer shall be responsible for maintaining
liability insurance for any program covered by this Section.
    (l) Any direct care staff person who qualifies as
authorized direct care staff pursuant to this Section shall be
granted consideration for a one-time additional salary
differential. The Department shall determine and provide the
necessary funding for the differential in the base. This
subsection (l) is inoperative on and after June 30, 2000.
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
99-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff. 1-1-18;
revised 9-22-17.)
 
    Section 75. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-15 and 2105-207 as follows:
 
    (20 ILCS 2105/2105-15)
    Sec. 2105-15. General powers and duties.
    (a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
        (1) To authorize examinations in English to ascertain
    the qualifications and fitness of applicants to exercise
    the profession, trade, or occupation for which the
    examination is held.
        (2) To prescribe rules and regulations for a fair and
    wholly impartial method of examination of candidates to
    exercise the respective professions, trades, or
    occupations.
        (3) To pass upon the qualifications of applicants for
    licenses, certificates, and authorities, whether by
    examination, by reciprocity, or by endorsement.
        (4) To prescribe rules and regulations defining, for
    the respective professions, trades, and occupations, what
    shall constitute a school, college, or university, or
    department of a university, or other institution,
    reputable and in good standing, and to determine the
    reputability and good standing of a school, college, or
    university, or department of a university, or other
    institution, reputable and in good standing, by reference
    to a compliance with those rules and regulations; provided,
    that no school, college, or university, or department of a
    university, or other institution that refuses admittance
    to applicants solely on account of race, color, creed, sex,
    sexual orientation, or national origin shall be considered
    reputable and in good standing.
        (5) To conduct hearings on proceedings to revoke,
    suspend, refuse to renew, place on probationary status, or
    take other disciplinary action as authorized in any
    licensing Act administered by the Department with regard to
    licenses, certificates, or authorities of persons
    exercising the respective professions, trades, or
    occupations and to revoke, suspend, refuse to renew, place
    on probationary status, or take other disciplinary action
    as authorized in any licensing Act administered by the
    Department with regard to those licenses, certificates, or
    authorities.
        The Department shall issue a monthly disciplinary
    report.
        The Department shall deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    any person who has defaulted on an educational loan or
    scholarship provided by or guaranteed by the Illinois
    Student Assistance Commission or any governmental agency
    of this State; however, the Department may issue a license
    or renewal if the aforementioned persons have established a
    satisfactory repayment record as determined by the
    Illinois Student Assistance Commission or other
    appropriate governmental agency of this State.
    Additionally, beginning June 1, 1996, any license issued by
    the Department may be suspended or revoked if the
    Department, after the opportunity for a hearing under the
    appropriate licensing Act, finds that the licensee has
    failed to make satisfactory repayment to the Illinois
    Student Assistance Commission for a delinquent or
    defaulted loan. For the purposes of this Section,
    "satisfactory repayment record" shall be defined by rule.
        The Department shall refuse to issue or renew a license
    to, or shall suspend or revoke a license of, any person
    who, after receiving notice, fails to comply with a
    subpoena or warrant relating to a paternity or child
    support proceeding. However, the Department may issue a
    license or renewal upon compliance with the subpoena or
    warrant.
        The Department, without further process or hearings,
    shall revoke, suspend, or deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    a person who is certified by the Department of Healthcare
    and Family Services (formerly Illinois Department of
    Public Aid) as being more than 30 days delinquent in
    complying with a child support order or who is certified by
    a court as being in violation of the Non-Support Punishment
    Act for more than 60 days. The Department may, however,
    issue a license or renewal if the person has established a
    satisfactory repayment record as determined by the
    Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid) or if the person is
    determined by the court to be in compliance with the
    Non-Support Punishment Act. The Department may implement
    this paragraph as added by Public Act 89-6 through the use
    of emergency rules in accordance with Section 5-45 of the
    Illinois Administrative Procedure Act. For purposes of the
    Illinois Administrative Procedure Act, the adoption of
    rules to implement this paragraph shall be considered an
    emergency and necessary for the public interest, safety,
    and welfare.
        (6) To transfer jurisdiction of any realty under the
    control of the Department to any other department of the
    State Government or to acquire or accept federal lands when
    the transfer, acquisition, or acceptance is advantageous
    to the State and is approved in writing by the Governor.
        (7) To formulate rules and regulations necessary for
    the enforcement of any Act administered by the Department.
        (8) To exchange with the Department of Healthcare and
    Family Services information that may be necessary for the
    enforcement of child support orders entered pursuant to the
    Illinois Public Aid Code, the Illinois Marriage and
    Dissolution of Marriage Act, the Non-Support of Spouse and
    Children Act, the Non-Support Punishment Act, the Revised
    Uniform Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, the Illinois Parentage Act
    of 1984, or the Illinois Parentage Act of 2015.
    Notwithstanding any provisions in this Code to the
    contrary, the Department of Professional Regulation shall
    not be liable under any federal or State law to any person
    for any disclosure of information to the Department of
    Healthcare and Family Services (formerly Illinois
    Department of Public Aid) under this paragraph (8) or for
    any other action taken in good faith to comply with the
    requirements of this paragraph (8).
        (8.5) To accept continuing education credit for
    mandated reporter training on how to recognize and report
    child abuse offered by the Department of Children and
    Family Services and completed by any person who holds a
    professional license issued by the Department and who is a
    mandated reporter under the Abused and Neglected Child
    Reporting Act. The Department shall adopt any rules
    necessary to implement this paragraph.
        (9) To perform other duties prescribed by law.
    (a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
    (b) (Blank).
    (c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
    (d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
    (e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
    (f) (Blank).
    (g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
    In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall advise
the licensee that the suspension shall be effective 60 days
after the issuance of the Department's order unless the
Department receives, from the licensee, a request for a hearing
before the Department to dispute the matters contained in the
order.
    Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
    The Department may promulgate rules for the administration
of this subsection (g).
    (h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
    (i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
100-262, eff. 8-22-17; revised 10-4-17.)
 
    (20 ILCS 2105/2105-207)
    Sec. 2105-207. Records of Department actions.
    (a) Any licensee subject to a licensing Act administered by
the Division of Professional Regulation and who has been
subject to disciplinary action by the Department may file an
application with the Department on forms provided by the
Department, along with the required fee of $175, to have the
records classified as confidential, not for public release, and
considered expunged for reporting purposes if:
        (1) the application is submitted more than 3 years
    after the disciplinary offense or offenses occurred or
    after restoration of the license, whichever is later;
        (2) the licensee has had no incidents of discipline
    under the licensing Act since the disciplinary offense or
    offenses identified in the application occurred;
        (3) the Department has no pending investigations
    against the licensee; and
        (4) the licensee is not currently in a disciplinary
    status.
    (b) An application to make disciplinary records
confidential shall only be considered by the Department for an
offense or action relating to:
        (1) failure to pay taxes or student loans;
        (2) continuing education;
        (3) failure to renew a license on time;
        (4) failure to obtain or renew a certificate of
    registration or ancillary license;
        (5) advertising;
        (5.1) discipline based on criminal charges or
    convictions:
            (A) that did not arise from the licensed activity
        and was unrelated to the licensed activity; or
            (B) that were dismissed or for which records have
        been sealed or expunged; .
        (5.2) past probationary status of a license issued to
    new applicants on the sole or partial basis of prior
    convictions; or
        (6) any grounds for discipline removed from the
    licensing Act.
    (c) An application shall be submitted to and considered by
the Director of the Division of Professional Regulation upon
submission of an application and the required non-refundable
fee. The Department may establish additional requirements by
rule. The Department is not required to report the removal of
any disciplinary record to any national database. Nothing in
this Section shall prohibit the Department from using a
previous discipline for any regulatory purpose or from
releasing records of a previous discipline upon request from
law enforcement, or other governmental body as permitted by
law. Classification of records as confidential shall result in
removal of records of discipline from records kept pursuant to
Sections 2105-200 and 2105-205 of this Act.
    (d) Any applicant for licensure or a licensee whose
petition for review is granted by the Department pursuant to
subsection (a-1) of Section 2105-165 of this Law may file an
application with the Department on forms provided by the
Department to have records relating to his or her permanent
denial or permanent revocation classified as confidential and
not for public release and considered expunged for reporting
purposes in the same manner and under the same terms as is
provided in this Section for the offenses listed in subsection
(b) of this Section, except that the requirements of a 7-year
waiting period and the $200 application fee do not apply.
(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
revised 10-4-17.)
 
    Section 80. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-676 as follows:
 
    (20 ILCS 2310/2310-676)
    Sec. 2310-676. Advisory council on pediatric autoimmune
neuropsychiatric disorder associated with streptococcal
infections and pediatric acute neuropsychiatric syndrome.
    (a) There is established an advisory council on pediatric
autoimmune neuropsychiatric disorder associated with
streptococcal infections and pediatric acute neuropsychiatric
syndrome to advise the Director of Public Health on research,
diagnosis, treatment, and education relating to the disorder
and syndrome.
    (b) The advisory council shall consist of the following
members, who shall be appointed by the Director of Public
Health within 60 days after August 7, 2015 (the effective date
of Public Act 99-320) this amendatory Act of the 99th General
Assembly:
        (1) An immunologist licensed and practicing in this
    State who has experience treating persons with pediatric
    autoimmune neuropsychiatric disorder associated with
    streptococcal infections and pediatric acute
    neuropsychiatric syndrome and the use of intravenous
    immunoglobulin.
        (2) A health care provider licensed and practicing in
    this State who has expertise in treating persons with
    pediatric autoimmune neuropsychiatric disorder associated
    with streptococcal infections and pediatric acute
    neuropsychiatric syndrome and autism.
        (3) A representative of PANDAS/PANS Advocacy &
    Support.
        (4) An osteopathic physician licensed and practicing
    in this State who has experience treating persons with
    pediatric autoimmune neuropsychiatric disorder associated
    with streptococcal infections and pediatric acute
    neuropsychiatric syndrome.
        (5) A medical researcher with experience conducting
    research concerning pediatric autoimmune neuropsychiatric
    disorder associated with streptococcal infections,
    pediatric acute neuropsychiatric syndrome,
    obsessive-compulsive disorder, tic disorder, and other
    neurological disorders.
        (6) A certified dietitian-nutritionist practicing in
    this State who provides services to children with autism
    spectrum disorder, attention-deficit hyperactivity
    disorder, and other neuro-developmental conditions.
        (7) A representative of a professional organization in
    this State for school psychologists.
        (8) A child psychiatrist who has experience treating
    persons with pediatric autoimmune neuropsychiatric
    disorder associated with streptococcal infections and
    pediatric acute neuropsychiatric syndrome.
        (9) A representative of a professional organization in
    this State for school nurses.
        (10) A pediatrician who has experience treating
    persons with pediatric autoimmune neuropsychiatric
    disorder associated with streptococcal infections and
    pediatric acute neuropsychiatric syndrome.
        (11) A representative of an organization focused on
    autism.
        (12) A parent with a child who has been diagnosed with
    pediatric autoimmune neuropsychiatric disorder associated
    with streptococcal infections or pediatric acute
    neuropsychiatric syndrome and autism.
        (13) A social worker licensed and practicing in this
    State.
        (14) A representative of the Special Education
    Services division of the State Board of Education.
        (15) One member of the General Assembly appointed by
    the Speaker of the House of Representatives.
        (16) One member of the General Assembly appointed by
    the President of the Senate.
        (17) One member of the General Assembly appointed by
    the Minority Leader of the House of Representatives.
        (18) One member of the General Assembly appointed by
    the Minority Leader of the Senate.
    (c) The Director of Public Health, or his or her designee,
shall be an ex officio ex-officio, nonvoting member and shall
attend all meetings of the advisory council. Any member of the
advisory council appointed under this Section may be a member
of the General Assembly. Members shall receive no compensation
for their services.
    (d) The Director of Public Health shall schedule the first
meeting of the advisory council, which shall be held not later
than 90 days after August 7, 2015 (the effective date of Public
Act 99-320) this amendatory Act of the 99th General Assembly. A
majority of the council members shall constitute a quorum. A
majority vote of a quorum shall be required for any official
action of the advisory council. The advisory council shall meet
upon the call of the chairperson or upon the request of a
majority of council members.
    (e) Not later than January 1, 2017, and annually
thereafter, the advisory council shall issue a report to the
General Assembly with recommendations concerning:
        (1) practice guidelines for the diagnosis and
    treatment of the disorder and syndrome;
        (2) mechanisms to increase clinical awareness and
    education regarding the disorder and syndrome among
    physicians, including pediatricians, school-based health
    centers, and providers of mental health services;
        (3) outreach to educators and parents to increase
    awareness of the disorder and syndrome; and
        (4) development of a network of volunteer experts on
    the diagnosis and treatment of the disorder and syndrome to
    assist in education and outreach.
(Source: P.A. 99-320, eff. 8-7-15; revised 9-27-17.)
 
    Section 85. The Rehabilitation of Persons with
Disabilities Act is amended by changing Section 3 as follows:
 
    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
    Sec. 3. Powers and duties. The Department shall have the
powers and duties enumerated herein:
        (a) To co-operate with the federal government in the
    administration of the provisions of the federal
    Rehabilitation Act of 1973, as amended, of the Workforce
    Innovation and Opportunity Act, and of the federal Social
    Security Act to the extent and in the manner provided in
    these Acts.
        (b) To prescribe and supervise such courses of
    vocational training and provide such other services as may
    be necessary for the habilitation and rehabilitation of
    persons with one or more disabilities, including the
    administrative activities under subsection (e) of this
    Section, and to co-operate with State and local school
    authorities and other recognized agencies engaged in
    habilitation, rehabilitation and comprehensive
    rehabilitation services; and to cooperate with the
    Department of Children and Family Services regarding the
    care and education of children with one or more
    disabilities.
        (c) (Blank).
        (d) To report in writing, to the Governor, annually on
    or before the first day of December, and at such other
    times and in such manner and upon such subjects as the
    Governor may require. The annual report shall contain (1) a
    statement of the existing condition of comprehensive
    rehabilitation services, habilitation and rehabilitation
    in the State; (2) a statement of suggestions and
    recommendations with reference to the development of
    comprehensive rehabilitation services, habilitation and
    rehabilitation in the State; and (3) an itemized statement
    of the amounts of money received from federal, State and
    other sources, and of the objects and purposes to which the
    respective items of these several amounts have been
    devoted.
        (e) (Blank).
        (f) To establish a program of services to prevent the
    unnecessary institutionalization of persons in need of
    long term care and who meet the criteria for blindness or
    disability as defined by the Social Security Act, thereby
    enabling them to remain in their own homes. Such preventive
    services include any or all of the following:
            (1) personal assistant services;
            (2) homemaker services;
            (3) home-delivered meals;
            (4) adult day care services;
            (5) respite care;
            (6) home modification or assistive equipment;
            (7) home health services;
            (8) electronic home response;
            (9) brain injury behavioral/cognitive services;
            (10) brain injury habilitation;
            (11) brain injury pre-vocational services; or
            (12) brain injury supported employment.
        The Department shall establish eligibility standards
    for such services taking into consideration the unique
    economic and social needs of the population for whom they
    are to be provided. Such eligibility standards may be based
    on the recipient's ability to pay for services; provided,
    however, that any portion of a person's income that is
    equal to or less than the "protected income" level shall
    not be considered by the Department in determining
    eligibility. The "protected income" level shall be
    determined by the Department, shall never be less than the
    federal poverty standard, and shall be adjusted each year
    to reflect changes in the Consumer Price Index For All
    Urban Consumers as determined by the United States
    Department of Labor. The standards must provide that a
    person may not have more than $10,000 in assets to be
    eligible for the services, and the Department may increase
    or decrease the asset limitation by rule. The Department
    may not decrease the asset level below $10,000.
        The services shall be provided, as established by the
    Department by rule, to eligible persons to prevent
    unnecessary or premature institutionalization, to the
    extent that the cost of the services, together with the
    other personal maintenance expenses of the persons, are
    reasonably related to the standards established for care in
    a group facility appropriate to their condition. These
    non-institutional services, pilot projects or experimental
    facilities may be provided as part of or in addition to
    those authorized by federal law or those funded and
    administered by the Illinois Department on Aging. The
    Department shall set rates and fees for services in a fair
    and equitable manner. Services identical to those offered
    by the Department on Aging shall be paid at the same rate.
        Personal assistants shall be paid at a rate negotiated
    between the State and an exclusive representative of
    personal assistants under a collective bargaining
    agreement. In no case shall the Department pay personal
    assistants an hourly wage that is less than the federal
    minimum wage. Within 30 days after July 6, 2017 (the
    effective date of Public Act 100-23) this amendatory Act of
    the 100th General Assembly, the hourly wage paid to
    personal assistants and individual maintenance home health
    workers shall be increased by $0.48 per hour.
        Solely for the purposes of coverage under the Illinois
    Public Labor Relations Act, personal assistants providing
    services under the Department's Home Services Program
    shall be considered to be public employees and the State of
    Illinois shall be considered to be their employer as of
    July 16, 2003 (the effective date of Public Act 93-204)
    this amendatory Act of the 93rd General Assembly, but not
    before. Solely for the purposes of coverage under the
    Illinois Public Labor Relations Act, home care and home
    health workers who function as personal assistants and
    individual maintenance home health workers and who also
    provide services under the Department's Home Services
    Program shall be considered to be public employees, no
    matter whether the State provides such services through
    direct fee-for-service arrangements, with the assistance
    of a managed care organization or other intermediary, or
    otherwise, and the State of Illinois shall be considered to
    be the employer of those persons as of January 29, 2013
    (the effective date of Public Act 97-1158), but not before
    except as otherwise provided under this subsection (f). The
    State shall engage in collective bargaining with an
    exclusive representative of home care and home health
    workers who function as personal assistants and individual
    maintenance home health workers working under the Home
    Services Program concerning their terms and conditions of
    employment that are within the State's control. Nothing in
    this paragraph shall be understood to limit the right of
    the persons receiving services defined in this Section to
    hire and fire home care and home health workers who
    function as personal assistants and individual maintenance
    home health workers working under the Home Services Program
    or to supervise them within the limitations set by the Home
    Services Program. The State shall not be considered to be
    the employer of home care and home health workers who
    function as personal assistants and individual maintenance
    home health workers working under the Home Services Program
    for any purposes not specifically provided in Public Act
    93-204 or Public Act 97-1158, including but not limited to,
    purposes of vicarious liability in tort and purposes of
    statutory retirement or health insurance benefits. Home
    care and home health workers who function as personal
    assistants and individual maintenance home health workers
    and who also provide services under the Department's Home
    Services Program shall not be covered by the State
    Employees Group Insurance Act of 1971.
        The Department shall execute, relative to nursing home
    prescreening, as authorized by Section 4.03 of the Illinois
    Act on the Aging, written inter-agency agreements with the
    Department on Aging and the Department of Healthcare and
    Family Services, to effect the intake procedures and
    eligibility criteria for those persons who may need long
    term care. On and after July 1, 1996, all nursing home
    prescreenings for individuals 18 through 59 years of age
    shall be conducted by the Department, or a designee of the
    Department.
        The Department is authorized to establish a system of
    recipient cost-sharing for services provided under this
    Section. The cost-sharing shall be based upon the
    recipient's ability to pay for services, but in no case
    shall the recipient's share exceed the actual cost of the
    services provided. Protected income shall not be
    considered by the Department in its determination of the
    recipient's ability to pay a share of the cost of services.
    The level of cost-sharing shall be adjusted each year to
    reflect changes in the "protected income" level. The
    Department shall deduct from the recipient's share of the
    cost of services any money expended by the recipient for
    disability-related expenses.
        To the extent permitted under the federal Social
    Security Act, the Department, or the Department's
    authorized representative, may recover the amount of
    moneys expended for services provided to or in behalf of a
    person under this Section by a claim against the person's
    estate or against the estate of the person's surviving
    spouse, but no recovery may be had until after the death of
    the surviving spouse, if any, and then only at such time
    when there is no surviving child who is under age 21 or
    blind or who has a permanent and total disability. This
    paragraph, however, shall not bar recovery, at the death of
    the person, of moneys for services provided to the person
    or in behalf of the person under this Section to which the
    person was not entitled; provided that such recovery shall
    not be enforced against any real estate while it is
    occupied as a homestead by the surviving spouse or other
    dependent, if no claims by other creditors have been filed
    against the estate, or, if such claims have been filed,
    they remain dormant for failure of prosecution or failure
    of the claimant to compel administration of the estate for
    the purpose of payment. This paragraph shall not bar
    recovery from the estate of a spouse, under Sections 1915
    and 1924 of the Social Security Act and Section 5-4 of the
    Illinois Public Aid Code, who precedes a person receiving
    services under this Section in death. All moneys for
    services paid to or in behalf of the person under this
    Section shall be claimed for recovery from the deceased
    spouse's estate. "Homestead", as used in this paragraph,
    means the dwelling house and contiguous real estate
    occupied by a surviving spouse or relative, as defined by
    the rules and regulations of the Department of Healthcare
    and Family Services, regardless of the value of the
    property.
        The Department shall submit an annual report on
    programs and services provided under this Section. The
    report shall be filed with the Governor and the General
    Assembly on or before March 30 each year.
        The requirement for reporting to the General Assembly
    shall be satisfied by filing copies of the report with the
    Speaker, the Minority Leader and the Clerk of the House of
    Representatives and the President, the Minority Leader and
    the Secretary of the Senate and the Legislative Research
    Unit, as required by Section 3.1 of the General Assembly
    Organization Act, and filing additional copies with the
    State Government Report Distribution Center for the
    General Assembly as required under paragraph (t) of Section
    7 of the State Library Act.
        (g) To establish such subdivisions of the Department as
    shall be desirable and assign to the various subdivisions
    the responsibilities and duties placed upon the Department
    by law.
        (h) To cooperate and enter into any necessary
    agreements with the Department of Employment Security for
    the provision of job placement and job referral services to
    clients of the Department, including job service
    registration of such clients with Illinois Employment
    Security offices and making job listings maintained by the
    Department of Employment Security available to such
    clients.
        (i) To possess all powers reasonable and necessary for
    the exercise and administration of the powers, duties and
    responsibilities of the Department which are provided for
    by law.
        (j) (Blank).
        (k) (Blank).
        (l) To establish, operate, and maintain a Statewide
    Housing Clearinghouse of information on available,
    government subsidized housing accessible to persons with
    disabilities and available privately owned housing
    accessible to persons with disabilities. The information
    shall include, but not be limited to, the location, rental
    requirements, access features and proximity to public
    transportation of available housing. The Clearinghouse
    shall consist of at least a computerized database for the
    storage and retrieval of information and a separate or
    shared toll free telephone number for use by those seeking
    information from the Clearinghouse. Department offices and
    personnel throughout the State shall also assist in the
    operation of the Statewide Housing Clearinghouse.
    Cooperation with local, State, and federal housing
    managers shall be sought and extended in order to
    frequently and promptly update the Clearinghouse's
    information.
        (m) To assure that the names and case records of
    persons who received or are receiving services from the
    Department, including persons receiving vocational
    rehabilitation, home services, or other services, and
    those attending one of the Department's schools or other
    supervised facility shall be confidential and not be open
    to the general public. Those case records and reports or
    the information contained in those records and reports
    shall be disclosed by the Director only to proper law
    enforcement officials, individuals authorized by a court,
    the General Assembly or any committee or commission of the
    General Assembly, and other persons and for reasons as the
    Director designates by rule. Disclosure by the Director may
    be only in accordance with other applicable law.
(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
100-477, eff. 9-8-17; revised 9-27-17.)
 
    Section 90. The Disabilities Services Act of 2003 is
amended by changing Section 55 as follows:
 
    (20 ILCS 2407/55)
    Sec. 55. Dissemination of reports. (a) On or before April 1
of each year, in conjunction with their annual report, the
Department of Healthcare and Family Services, in cooperation
with the other involved agencies, shall report to the Governor
and the General Assembly on the implementation of this Act and
include, at a minimum, the following data: (i) a description of
any interagency agreements, fiscal payment mechanisms or
methodologies developed under this Act that effectively
support choice; (ii) information concerning the dollar amounts
of State Medicaid long-term care expenditures and the
percentage of such expenditures that were for institutional
long-term care services or were for home and community-based
long-term care services; and (iii) documentation that the
Departments have met the requirements under Section 54(a) to
assure the health and welfare of eligible individuals receiving
home and community-based long-term care services. This report
must be made available to the general public, including via the
Departmental websites.
(Source: P.A. 95-438, eff. 1-1-08; revised 9-27-17.)
 
    Section 95. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
 
    (20 ILCS 2630/5.2)
    Sec. 5.2. Expungement, sealing, and immediate sealing.
    (a) General Provisions.
        (1) Definitions. In this Act, words and phrases have
    the meanings set forth in this subsection, except when a
    particular context clearly requires a different meaning.
            (A) The following terms shall have the meanings
        ascribed to them in the Unified Code of Corrections,
        730 ILCS 5/5-1-2 through 5/5-1-22:
                (i) Business Offense (730 ILCS 5/5-1-2),
                (ii) Charge (730 ILCS 5/5-1-3),
                (iii) Court (730 ILCS 5/5-1-6),
                (iv) Defendant (730 ILCS 5/5-1-7),
                (v) Felony (730 ILCS 5/5-1-9),
                (vi) Imprisonment (730 ILCS 5/5-1-10),
                (vii) Judgment (730 ILCS 5/5-1-12),
                (viii) Misdemeanor (730 ILCS 5/5-1-14),
                (ix) Offense (730 ILCS 5/5-1-15),
                (x) Parole (730 ILCS 5/5-1-16),
                (xi) Petty Offense (730 ILCS 5/5-1-17),
                (xii) Probation (730 ILCS 5/5-1-18),
                (xiii) Sentence (730 ILCS 5/5-1-19),
                (xiv) Supervision (730 ILCS 5/5-1-21), and
                (xv) Victim (730 ILCS 5/5-1-22).
            (B) As used in this Section, "charge not initiated
        by arrest" means a charge (as defined by 730 ILCS
        5/5-1-3) brought against a defendant where the
        defendant is not arrested prior to or as a direct
        result of the charge.
            (C) "Conviction" means a judgment of conviction or
        sentence entered upon a plea of guilty or upon a
        verdict or finding of guilty of an offense, rendered by
        a legally constituted jury or by a court of competent
        jurisdiction authorized to try the case without a jury.
        An order of supervision successfully completed by the
        petitioner is not a conviction. An order of qualified
        probation (as defined in subsection (a)(1)(J))
        successfully completed by the petitioner is not a
        conviction. An order of supervision or an order of
        qualified probation that is terminated
        unsatisfactorily is a conviction, unless the
        unsatisfactory termination is reversed, vacated, or
        modified and the judgment of conviction, if any, is
        reversed or vacated.
            (D) "Criminal offense" means a petty offense,
        business offense, misdemeanor, felony, or municipal
        ordinance violation (as defined in subsection
        (a)(1)(H)). As used in this Section, a minor traffic
        offense (as defined in subsection (a)(1)(G)) shall not
        be considered a criminal offense.
            (E) "Expunge" means to physically destroy the
        records or return them to the petitioner and to
        obliterate the petitioner's name from any official
        index or public record, or both. Nothing in this Act
        shall require the physical destruction of the circuit
        court file, but such records relating to arrests or
        charges, or both, ordered expunged shall be impounded
        as required by subsections (d)(9)(A)(ii) and
        (d)(9)(B)(ii).
            (F) As used in this Section, "last sentence" means
        the sentence, order of supervision, or order of
        qualified probation (as defined by subsection
        (a)(1)(J)), for a criminal offense (as defined by
        subsection (a)(1)(D)) that terminates last in time in
        any jurisdiction, regardless of whether the petitioner
        has included the criminal offense for which the
        sentence or order of supervision or qualified
        probation was imposed in his or her petition. If
        multiple sentences, orders of supervision, or orders
        of qualified probation terminate on the same day and
        are last in time, they shall be collectively considered
        the "last sentence" regardless of whether they were
        ordered to run concurrently.
            (G) "Minor traffic offense" means a petty offense,
        business offense, or Class C misdemeanor under the
        Illinois Vehicle Code or a similar provision of a
        municipal or local ordinance.
            (H) "Municipal ordinance violation" means an
        offense defined by a municipal or local ordinance that
        is criminal in nature and with which the petitioner was
        charged or for which the petitioner was arrested and
        released without charging.
            (I) "Petitioner" means an adult or a minor
        prosecuted as an adult who has applied for relief under
        this Section.
            (J) "Qualified probation" means an order of
        probation under Section 10 of the Cannabis Control Act,
        Section 410 of the Illinois Controlled Substances Act,
        Section 70 of the Methamphetamine Control and
        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
        of the Unified Code of Corrections, Section
        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
        those provisions existed before their deletion by
        Public Act 89-313), Section 10-102 of the Illinois
        Alcoholism and Other Drug Dependency Act, Section
        40-10 of the Alcoholism and Other Drug Abuse and
        Dependency Act, or Section 10 of the Steroid Control
        Act. For the purpose of this Section, "successful
        completion" of an order of qualified probation under
        Section 10-102 of the Illinois Alcoholism and Other
        Drug Dependency Act and Section 40-10 of the Alcoholism
        and Other Drug Abuse and Dependency Act means that the
        probation was terminated satisfactorily and the
        judgment of conviction was vacated.
            (K) "Seal" means to physically and electronically
        maintain the records, unless the records would
        otherwise be destroyed due to age, but to make the
        records unavailable without a court order, subject to
        the exceptions in Sections 12 and 13 of this Act. The
        petitioner's name shall also be obliterated from the
        official index required to be kept by the circuit court
        clerk under Section 16 of the Clerks of Courts Act, but
        any index issued by the circuit court clerk before the
        entry of the order to seal shall not be affected.
            (L) "Sexual offense committed against a minor"
        includes but is not limited to the offenses of indecent
        solicitation of a child or criminal sexual abuse when
        the victim of such offense is under 18 years of age.
            (M) "Terminate" as it relates to a sentence or
        order of supervision or qualified probation includes
        either satisfactory or unsatisfactory termination of
        the sentence, unless otherwise specified in this
        Section.
        (2) Minor Traffic Offenses. Orders of supervision or
    convictions for minor traffic offenses shall not affect a
    petitioner's eligibility to expunge or seal records
    pursuant to this Section.
        (2.5) Commencing 180 days after July 29, 2016 (the
    effective date of Public Act 99-697), the law enforcement
    agency issuing the citation shall automatically expunge,
    on or before January 1 and July 1 of each year, the law
    enforcement records of a person found to have committed a
    civil law violation of subsection (a) of Section 4 of the
    Cannabis Control Act or subsection (c) of Section 3.5 of
    the Drug Paraphernalia Control Act in the law enforcement
    agency's possession or control and which contains the final
    satisfactory disposition which pertain to the person
    issued a citation for that offense. The law enforcement
    agency shall provide by rule the process for access,
    review, and to confirm the automatic expungement by the law
    enforcement agency issuing the citation. Commencing 180
    days after July 29, 2016 (the effective date of Public Act
    99-697), the clerk of the circuit court shall expunge, upon
    order of the court, or in the absence of a court order on
    or before January 1 and July 1 of each year, the court
    records of a person found in the circuit court to have
    committed a civil law violation of subsection (a) of
    Section 4 of the Cannabis Control Act or subsection (c) of
    Section 3.5 of the Drug Paraphernalia Control Act in the
    clerk's possession or control and which contains the final
    satisfactory disposition which pertain to the person
    issued a citation for any of those offenses.
        (3) Exclusions. Except as otherwise provided in
    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
    of this Section, the court shall not order:
            (A) the sealing or expungement of the records of
        arrests or charges not initiated by arrest that result
        in an order of supervision for or conviction of: (i)
        any sexual offense committed against a minor; (ii)
        Section 11-501 of the Illinois Vehicle Code or a
        similar provision of a local ordinance; or (iii)
        Section 11-503 of the Illinois Vehicle Code or a
        similar provision of a local ordinance, unless the
        arrest or charge is for a misdemeanor violation of
        subsection (a) of Section 11-503 or a similar provision
        of a local ordinance, that occurred prior to the
        offender reaching the age of 25 years and the offender
        has no other conviction for violating Section 11-501 or
        11-503 of the Illinois Vehicle Code or a similar
        provision of a local ordinance.
            (B) the sealing or expungement of records of minor
        traffic offenses (as defined in subsection (a)(1)(G)),
        unless the petitioner was arrested and released
        without charging.
            (C) the sealing of the records of arrests or
        charges not initiated by arrest which result in an
        order of supervision or a conviction for the following
        offenses:
                (i) offenses included in Article 11 of the
            Criminal Code of 1961 or the Criminal Code of 2012
            or a similar provision of a local ordinance, except
            Section 11-14 and a misdemeanor violation of
            Section 11-30 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
            26-5, or 48-1 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (iii) Sections 12-3.1 or 12-3.2 of the
            Criminal Code of 1961 or the Criminal Code of 2012,
            or Section 125 of the Stalking No Contact Order
            Act, or Section 219 of the Civil No Contact Order
            Act, or a similar provision of a local ordinance;
                (iv) Class A misdemeanors or felony offenses
            under the Humane Care for Animals Act; or
                (v) any offense or attempted offense that
            would subject a person to registration under the
            Sex Offender Registration Act.
            (D) (blank).
    (b) Expungement.
        (1) A petitioner may petition the circuit court to
    expunge the records of his or her arrests and charges not
    initiated by arrest when each arrest or charge not
    initiated by arrest sought to be expunged resulted in: (i)
    acquittal, dismissal, or the petitioner's release without
    charging, unless excluded by subsection (a)(3)(B); (ii) a
    conviction which was vacated or reversed, unless excluded
    by subsection (a)(3)(B); (iii) an order of supervision and
    such supervision was successfully completed by the
    petitioner, unless excluded by subsection (a)(3)(A) or
    (a)(3)(B); or (iv) an order of qualified probation (as
    defined in subsection (a)(1)(J)) and such probation was
    successfully completed by the petitioner.
        (1.5) When a petitioner seeks to have a record of
    arrest expunged under this Section, and the offender has
    been convicted of a criminal offense, the State's Attorney
    may object to the expungement on the grounds that the
    records contain specific relevant information aside from
    the mere fact of the arrest.
        (2) Time frame for filing a petition to expunge.
            (A) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an acquittal,
        dismissal, the petitioner's release without charging,
        or the reversal or vacation of a conviction, there is
        no waiting period to petition for the expungement of
        such records.
            (B) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        supervision, successfully completed by the petitioner,
        the following time frames will apply:
                (i) Those arrests or charges that resulted in
            orders of supervision under Section 3-707, 3-708,
            3-710, or 5-401.3 of the Illinois Vehicle Code or a
            similar provision of a local ordinance, or under
            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
            Code of 1961 or the Criminal Code of 2012, or a
            similar provision of a local ordinance, shall not
            be eligible for expungement until 5 years have
            passed following the satisfactory termination of
            the supervision.
                (i-5) Those arrests or charges that resulted
            in orders of supervision for a misdemeanor
            violation of subsection (a) of Section 11-503 of
            the Illinois Vehicle Code or a similar provision of
            a local ordinance, that occurred prior to the
            offender reaching the age of 25 years and the
            offender has no other conviction for violating
            Section 11-501 or 11-503 of the Illinois Vehicle
            Code or a similar provision of a local ordinance
            shall not be eligible for expungement until the
            petitioner has reached the age of 25 years.
                (ii) Those arrests or charges that resulted in
            orders of supervision for any other offenses shall
            not be eligible for expungement until 2 years have
            passed following the satisfactory termination of
            the supervision.
            (C) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        qualified probation, successfully completed by the
        petitioner, such records shall not be eligible for
        expungement until 5 years have passed following the
        satisfactory termination of the probation.
        (3) Those records maintained by the Department for
    persons arrested prior to their 17th birthday shall be
    expunged as provided in Section 5-915 of the Juvenile Court
    Act of 1987.
        (4) Whenever a person has been arrested for or
    convicted of any offense, in the name of a person whose
    identity he or she has stolen or otherwise come into
    possession of, the aggrieved person from whom the identity
    was stolen or otherwise obtained without authorization,
    upon learning of the person having been arrested using his
    or her identity, may, upon verified petition to the chief
    judge of the circuit wherein the arrest was made, have a
    court order entered nunc pro tunc by the Chief Judge to
    correct the arrest record, conviction record, if any, and
    all official records of the arresting authority, the
    Department, other criminal justice agencies, the
    prosecutor, and the trial court concerning such arrest, if
    any, by removing his or her name from all such records in
    connection with the arrest and conviction, if any, and by
    inserting in the records the name of the offender, if known
    or ascertainable, in lieu of the aggrieved's name. The
    records of the circuit court clerk shall be sealed until
    further order of the court upon good cause shown and the
    name of the aggrieved person obliterated on the official
    index required to be kept by the circuit court clerk under
    Section 16 of the Clerks of Courts Act, but the order shall
    not affect any index issued by the circuit court clerk
    before the entry of the order. Nothing in this Section
    shall limit the Department of State Police or other
    criminal justice agencies or prosecutors from listing
    under an offender's name the false names he or she has
    used.
        (5) Whenever a person has been convicted of criminal
    sexual assault, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, criminal
    sexual abuse, or aggravated criminal sexual abuse, the
    victim of that offense may request that the State's
    Attorney of the county in which the conviction occurred
    file a verified petition with the presiding trial judge at
    the petitioner's trial to have a court order entered to
    seal the records of the circuit court clerk in connection
    with the proceedings of the trial court concerning that
    offense. However, the records of the arresting authority
    and the Department of State Police concerning the offense
    shall not be sealed. The court, upon good cause shown,
    shall make the records of the circuit court clerk in
    connection with the proceedings of the trial court
    concerning the offense available for public inspection.
        (6) If a conviction has been set aside on direct review
    or on collateral attack and the court determines by clear
    and convincing evidence that the petitioner was factually
    innocent of the charge, the court that finds the petitioner
    factually innocent of the charge shall enter an expungement
    order for the conviction for which the petitioner has been
    determined to be innocent as provided in subsection (b) of
    Section 5-5-4 of the Unified Code of Corrections.
        (7) Nothing in this Section shall prevent the
    Department of State Police from maintaining all records of
    any person who is admitted to probation upon terms and
    conditions and who fulfills those terms and conditions
    pursuant to Section 10 of the Cannabis Control Act, Section
    410 of the Illinois Controlled Substances Act, Section 70
    of the Methamphetamine Control and Community Protection
    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
    Corrections, Section 12-4.3 or subdivision (b)(1) of
    Section 12-3.05 of the Criminal Code of 1961 or the
    Criminal Code of 2012, Section 10-102 of the Illinois
    Alcoholism and Other Drug Dependency Act, Section 40-10 of
    the Alcoholism and Other Drug Abuse and Dependency Act, or
    Section 10 of the Steroid Control Act.
        (8) If the petitioner has been granted a certificate of
    innocence under Section 2-702 of the Code of Civil
    Procedure, the court that grants the certificate of
    innocence shall also enter an order expunging the
    conviction for which the petitioner has been determined to
    be innocent as provided in subsection (h) of Section 2-702
    of the Code of Civil Procedure.
    (c) Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement of criminal records, this subsection
    authorizes the sealing of criminal records of adults and of
    minors prosecuted as adults. Subsection (g) of this Section
    provides for immediate sealing of certain records.
        (2) Eligible Records. The following records may be
    sealed:
            (A) All arrests resulting in release without
        charging;
            (B) Arrests or charges not initiated by arrest
        resulting in acquittal, dismissal, or conviction when
        the conviction was reversed or vacated, except as
        excluded by subsection (a)(3)(B);
            (C) Arrests or charges not initiated by arrest
        resulting in orders of supervision, including orders
        of supervision for municipal ordinance violations,
        successfully completed by the petitioner, unless
        excluded by subsection (a)(3);
            (D) Arrests or charges not initiated by arrest
        resulting in convictions, including convictions on
        municipal ordinance violations, unless excluded by
        subsection (a)(3);
            (E) Arrests or charges not initiated by arrest
        resulting in orders of first offender probation under
        Section 10 of the Cannabis Control Act, Section 410 of
        the Illinois Controlled Substances Act, Section 70 of
        the Methamphetamine Control and Community Protection
        Act, or Section 5-6-3.3 of the Unified Code of
        Corrections; and
            (F) Arrests or charges not initiated by arrest
        resulting in felony convictions unless otherwise
        excluded by subsection (a) paragraph (3) of this
        Section.
        (3) When Records Are Eligible to Be Sealed. Records
    identified as eligible under subsection (c)(2) may be
    sealed as follows:
            (A) Records identified as eligible under
        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
        time.
            (B) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsection (c)(2)(C) may be sealed 2
        years after the termination of petitioner's last
        sentence (as defined in subsection (a)(1)(F)).
            (C) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsections (c)(2)(D), (c)(2)(E), and
        (c)(2)(F) may be sealed 3 years after the termination
        of the petitioner's last sentence (as defined in
        subsection (a)(1)(F)). Convictions requiring public
        registration under the Arsonist Registration Act, the
        Sex Offender Registration Act, or the Murderer and
        Violent Offender Against Youth Registration Act may
        not be sealed until the petitioner is no longer
        required to register under that relevant Act.
            (D) Records identified in subsection
        (a)(3)(A)(iii) may be sealed after the petitioner has
        reached the age of 25 years.
            (E) Records identified as eligible under
        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
        (c)(2)(F) may be sealed upon termination of the
        petitioner's last sentence if the petitioner earned a
        high school diploma, associate's degree, career
        certificate, vocational technical certification, or
        bachelor's degree, or passed the high school level Test
        of General Educational Development, during the period
        of his or her sentence, aftercare release, or mandatory
        supervised release. This subparagraph shall apply only
        to a petitioner who has not completed the same
        educational goal prior to the period of his or her
        sentence, aftercare release, or mandatory supervised
        release. If a petition for sealing eligible records
        filed under this subparagraph is denied by the court,
        the time periods under subparagraph (B) or (C) shall
        apply to any subsequent petition for sealing filed by
        the petitioner.
        (4) Subsequent felony convictions. A person may not
    have subsequent felony conviction records sealed as
    provided in this subsection (c) if he or she is convicted
    of any felony offense after the date of the sealing of
    prior felony convictions as provided in this subsection
    (c). The court may, upon conviction for a subsequent felony
    offense, order the unsealing of prior felony conviction
    records previously ordered sealed by the court.
        (5) Notice of eligibility for sealing. Upon entry of a
    disposition for an eligible record under this subsection
    (c), the petitioner shall be informed by the court of the
    right to have the records sealed and the procedures for the
    sealing of the records.
    (d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
        (1) Filing the petition. Upon becoming eligible to
    petition for the expungement or sealing of records under
    this Section, the petitioner shall file a petition
    requesting the expungement or sealing of records with the
    clerk of the court where the arrests occurred or the
    charges were brought, or both. If arrests occurred or
    charges were brought in multiple jurisdictions, a petition
    must be filed in each such jurisdiction. The petitioner
    shall pay the applicable fee, except no fee shall be
    required if the petitioner has obtained a court order
    waiving fees under Supreme Court Rule 298 or it is
    otherwise waived.
        (1.5) County fee waiver pilot program. In a county of
    3,000,000 or more inhabitants, no fee shall be required to
    be paid by a petitioner if the records sought to be
    expunged or sealed were arrests resulting in release
    without charging or arrests or charges not initiated by
    arrest resulting in acquittal, dismissal, or conviction
    when the conviction was reversed or vacated, unless
    excluded by subsection (a)(3)(B). The provisions of this
    paragraph (1.5), other than this sentence, are inoperative
    on and after January 1, 2019 or one year after January 1,
    2017 (the effective date of Public Act 99-881), whichever
    is later.
        (2) Contents of petition. The petition shall be
    verified and shall contain the petitioner's name, date of
    birth, current address and, for each arrest or charge not
    initiated by arrest sought to be sealed or expunged, the
    case number, the date of arrest (if any), the identity of
    the arresting authority, and such other information as the
    court may require. During the pendency of the proceeding,
    the petitioner shall promptly notify the circuit court
    clerk of any change of his or her address. If the
    petitioner has received a certificate of eligibility for
    sealing from the Prisoner Review Board under paragraph (10)
    of subsection (a) of Section 3-3-2 of the Unified Code of
    Corrections, the certificate shall be attached to the
    petition.
        (3) Drug test. The petitioner must attach to the
    petition proof that the petitioner has passed a test taken
    within 30 days before the filing of the petition showing
    the absence within his or her body of all illegal
    substances as defined by the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, and the Cannabis Control Act if he or she
    is petitioning to:
            (A) seal felony records under clause (c)(2)(E);
            (B) seal felony records for a violation of the
        Illinois Controlled Substances Act, the
        Methamphetamine Control and Community Protection Act,
        or the Cannabis Control Act under clause (c)(2)(F);
            (C) seal felony records under subsection (e-5); or
            (D) expunge felony records of a qualified
        probation under clause (b)(1)(iv).
        (4) Service of petition. The circuit court clerk shall
    promptly serve a copy of the petition and documentation to
    support the petition under subsection (e-5) or (e-6) on the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, the Department of State Police,
    the arresting agency and the chief legal officer of the
    unit of local government effecting the arrest.
        (5) Objections.
            (A) Any party entitled to notice of the petition
        may file an objection to the petition. All objections
        shall be in writing, shall be filed with the circuit
        court clerk, and shall state with specificity the basis
        of the objection. Whenever a person who has been
        convicted of an offense is granted a pardon by the
        Governor which specifically authorizes expungement, an
        objection to the petition may not be filed.
            (B) Objections to a petition to expunge or seal
        must be filed within 60 days of the date of service of
        the petition.
        (6) Entry of order.
            (A) The Chief Judge of the circuit wherein the
        charge was brought, any judge of that circuit
        designated by the Chief Judge, or in counties of less
        than 3,000,000 inhabitants, the presiding trial judge
        at the petitioner's trial, if any, shall rule on the
        petition to expunge or seal as set forth in this
        subsection (d)(6).
            (B) Unless the State's Attorney or prosecutor, the
        Department of State Police, the arresting agency, or
        the chief legal officer files an objection to the
        petition to expunge or seal within 60 days from the
        date of service of the petition, the court shall enter
        an order granting or denying the petition.
        (7) Hearings. If an objection is filed, the court shall
    set a date for a hearing and notify the petitioner and all
    parties entitled to notice of the petition of the hearing
    date at least 30 days prior to the hearing. Prior to the
    hearing, the State's Attorney shall consult with the
    Department as to the appropriateness of the relief sought
    in the petition to expunge or seal. At the hearing, the
    court shall hear evidence on whether the petition should or
    should not be granted, and shall grant or deny the petition
    to expunge or seal the records based on the evidence
    presented at the hearing. The court may consider the
    following:
            (A) the strength of the evidence supporting the
        defendant's conviction;
            (B) the reasons for retention of the conviction
        records by the State;
            (C) the petitioner's age, criminal record history,
        and employment history;
            (D) the period of time between the petitioner's
        arrest on the charge resulting in the conviction and
        the filing of the petition under this Section; and
            (E) the specific adverse consequences the
        petitioner may be subject to if the petition is denied.
        (8) Service of order. After entering an order to
    expunge or seal records, the court must provide copies of
    the order to the Department, in a form and manner
    prescribed by the Department, to the petitioner, to the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, to the arresting agency, to the
    chief legal officer of the unit of local government
    effecting the arrest, and to such other criminal justice
    agencies as may be ordered by the court.
        (9) Implementation of order.
            (A) Upon entry of an order to expunge records
        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency,
            the Department, and any other agency as ordered by
            the court, within 60 days of the date of service of
            the order, unless a motion to vacate, modify, or
            reconsider the order is filed pursuant to
            paragraph (12) of subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
            and
                (iii) in response to an inquiry for expunged
            records, the court, the Department, or the agency
            receiving such inquiry, shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B) Upon entry of an order to expunge records
        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed pursuant to paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            pursuant to paragraph (12) of subsection (d) of
            this Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for such records
            from anyone not authorized by law to access such
            records, the court, the Department, or the agency
            receiving such inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B-5) Upon entry of an order to expunge records
        under subsection (e-6):
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed under paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            under paragraph (12) of subsection (d) of this
            Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for these records
            from anyone not authorized by law to access the
            records, the court, the Department, or the agency
            receiving the inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (C) Upon entry of an order to seal records under
        subsection (c), the arresting agency, any other agency
        as ordered by the court, the Department, and the court
        shall seal the records (as defined in subsection
        (a)(1)(K)). In response to an inquiry for such records,
        from anyone not authorized by law to access such
        records, the court, the Department, or the agency
        receiving such inquiry shall reply as it does in
        response to inquiries when no records ever existed.
            (D) The Department shall send written notice to the
        petitioner of its compliance with each order to expunge
        or seal records within 60 days of the date of service
        of that order or, if a motion to vacate, modify, or
        reconsider is filed, within 60 days of service of the
        order resolving the motion, if that order requires the
        Department to expunge or seal records. In the event of
        an appeal from the circuit court order, the Department
        shall send written notice to the petitioner of its
        compliance with an Appellate Court or Supreme Court
        judgment to expunge or seal records within 60 days of
        the issuance of the court's mandate. The notice is not
        required while any motion to vacate, modify, or
        reconsider, or any appeal or petition for
        discretionary appellate review, is pending.
        (10) Fees. The Department may charge the petitioner a
    fee equivalent to the cost of processing any order to
    expunge or seal records. Notwithstanding any provision of
    the Clerks of Courts Act to the contrary, the circuit court
    clerk may charge a fee equivalent to the cost associated
    with the sealing or expungement of records by the circuit
    court clerk. From the total filing fee collected for the
    petition to seal or expunge, the circuit court clerk shall
    deposit $10 into the Circuit Court Clerk Operation and
    Administrative Fund, to be used to offset the costs
    incurred by the circuit court clerk in performing the
    additional duties required to serve the petition to seal or
    expunge on all parties. The circuit court clerk shall
    collect and forward the Department of State Police portion
    of the fee to the Department and it shall be deposited in
    the State Police Services Fund.
        (11) Final Order. No court order issued under the
    expungement or sealing provisions of this Section shall
    become final for purposes of appeal until 30 days after
    service of the order on the petitioner and all parties
    entitled to notice of the petition.
        (12) Motion to Vacate, Modify, or Reconsider. Under
    Section 2-1203 of the Code of Civil Procedure, the
    petitioner or any party entitled to notice may file a
    motion to vacate, modify, or reconsider the order granting
    or denying the petition to expunge or seal within 60 days
    of service of the order. If filed more than 60 days after
    service of the order, a petition to vacate, modify, or
    reconsider shall comply with subsection (c) of Section
    2-1401 of the Code of Civil Procedure. Upon filing of a
    motion to vacate, modify, or reconsider, notice of the
    motion shall be served upon the petitioner and all parties
    entitled to notice of the petition.
        (13) Effect of Order. An order granting a petition
    under the expungement or sealing provisions of this Section
    shall not be considered void because it fails to comply
    with the provisions of this Section or because of any error
    asserted in a motion to vacate, modify, or reconsider. The
    circuit court retains jurisdiction to determine whether
    the order is voidable and to vacate, modify, or reconsider
    its terms based on a motion filed under paragraph (12) of
    this subsection (d).
        (14) Compliance with Order Granting Petition to Seal
    Records. Unless a court has entered a stay of an order
    granting a petition to seal, all parties entitled to notice
    of the petition must fully comply with the terms of the
    order within 60 days of service of the order even if a
    party is seeking relief from the order through a motion
    filed under paragraph (12) of this subsection (d) or is
    appealing the order.
        (15) Compliance with Order Granting Petition to
    Expunge Records. While a party is seeking relief from the
    order granting the petition to expunge through a motion
    filed under paragraph (12) of this subsection (d) or is
    appealing the order, and unless a court has entered a stay
    of that order, the parties entitled to notice of the
    petition must seal, but need not expunge, the records until
    there is a final order on the motion for relief or, in the
    case of an appeal, the issuance of that court's mandate.
        (16) The changes to this subsection (d) made by Public
    Act 98-163 apply to all petitions pending on August 5, 2013
    (the effective date of Public Act 98-163) and to all orders
    ruling on a petition to expunge or seal on or after August
    5, 2013 (the effective date of Public Act 98-163).
    (e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
    (e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
    (e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
    (f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
    (g) Immediate Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement or sealing of criminal records, this
    subsection authorizes the immediate sealing of criminal
    records of adults and of minors prosecuted as adults.
        (2) Eligible Records. Arrests or charges not initiated
    by arrest resulting in acquittal or dismissal with
    prejudice, except as excluded by subsection (a)(3)(B),
    that occur on or after January 1, 2018 (the effective date
    of Public Act 100-282) this amendatory Act of the 100th
    General Assembly, may be sealed immediately if the petition
    is filed with the circuit court clerk on the same day and
    during the same hearing in which the case is disposed.
        (3) When Records are Eligible to be Immediately Sealed.
    Eligible records under paragraph (2) of this subsection (g)
    may be sealed immediately after entry of the final
    disposition of a case, notwithstanding the disposition of
    other charges in the same case.
        (4) Notice of Eligibility for Immediate Sealing. Upon
    entry of a disposition for an eligible record under this
    subsection (g), the defendant shall be informed by the
    court of his or her right to have eligible records
    immediately sealed and the procedure for the immediate
    sealing of these records.
        (5) Procedure. The following procedures apply to
    immediate sealing under this subsection (g).
            (A) Filing the Petition. Upon entry of the final
        disposition of the case, the defendant's attorney may
        immediately petition the court, on behalf of the
        defendant, for immediate sealing of eligible records
        under paragraph (2) of this subsection (g) that are
        entered on or after January 1, 2018 (the effective date
        of Public Act 100-282) this amendatory Act of the 100th
        General Assembly. The immediate sealing petition may
        be filed with the circuit court clerk during the
        hearing in which the final disposition of the case is
        entered. If the defendant's attorney does not file the
        petition for immediate sealing during the hearing, the
        defendant may file a petition for sealing at any time
        as authorized under subsection (c)(3)(A).
            (B) Contents of Petition. The immediate sealing
        petition shall be verified and shall contain the
        petitioner's name, date of birth, current address, and
        for each eligible record, the case number, the date of
        arrest if applicable, the identity of the arresting
        authority if applicable, and other information as the
        court may require.
            (C) Drug Test. The petitioner shall not be required
        to attach proof that he or she has passed a drug test.
            (D) Service of Petition. A copy of the petition
        shall be served on the State's Attorney in open court.
        The petitioner shall not be required to serve a copy of
        the petition on any other agency.
            (E) Entry of Order. The presiding trial judge shall
        enter an order granting or denying the petition for
        immediate sealing during the hearing in which it is
        filed. Petitions for immediate sealing shall be ruled
        on in the same hearing in which the final disposition
        of the case is entered.
            (F) Hearings. The court shall hear the petition for
        immediate sealing on the same day and during the same
        hearing in which the disposition is rendered.
            (G) Service of Order. An order to immediately seal
        eligible records shall be served in conformance with
        subsection (d)(8).
            (H) Implementation of Order. An order to
        immediately seal records shall be implemented in
        conformance with subsections (d)(9)(C) and (d)(9)(D).
            (I) Fees. The fee imposed by the circuit court
        clerk and the Department of State Police shall comply
        with paragraph (1) of subsection (d) of this Section.
            (J) Final Order. No court order issued under this
        subsection (g) shall become final for purposes of
        appeal until 30 days after service of the order on the
        petitioner and all parties entitled to service of the
        order in conformance with subsection (d)(8).
            (K) Motion to Vacate, Modify, or Reconsider. Under
        Section 2-1203 of the Code of Civil Procedure, the
        petitioner, State's Attorney, or the Department of
        State Police may file a motion to vacate, modify, or
        reconsider the order denying the petition to
        immediately seal within 60 days of service of the
        order. If filed more than 60 days after service of the
        order, a petition to vacate, modify, or reconsider
        shall comply with subsection (c) of Section 2-1401 of
        the Code of Civil Procedure.
            (L) Effect of Order. An order granting an immediate
        sealing petition shall not be considered void because
        it fails to comply with the provisions of this Section
        or because of an error asserted in a motion to vacate,
        modify, or reconsider. The circuit court retains
        jurisdiction to determine whether the order is
        voidable, and to vacate, modify, or reconsider its
        terms based on a motion filed under subparagraph (L) of
        this subsection (g).
            (M) Compliance with Order Granting Petition to
        Seal Records. Unless a court has entered a stay of an
        order granting a petition to immediately seal, all
        parties entitled to service of the order must fully
        comply with the terms of the order within 60 days of
        service of the order.
(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
10-13-17.)
 
    Section 100. The Department of Veterans' Affairs Act is
amended by changing Section 20 as follows:
 
    (20 ILCS 2805/20)
    (Section scheduled to be repealed on July 1, 2018)
    Sec. 20. Illinois Discharged Servicemember Task Force. The
Illinois Discharged Servicemember Task Force is hereby created
within the Department of Veterans' Affairs. The Task Force
shall investigate the re-entry process for service members who
return to civilian life after being engaged in an active
theater. The investigation shall include the effects of
post-traumatic stress disorder, homelessness, disabilities,
and other issues the Task Force finds relevant to the re-entry
process. For fiscal year 2012, the Task Force shall include the
availability of prosthetics in its investigation. For fiscal
year 2014, the Task Force shall include the needs of women
veterans with respect to issues including, but not limited to,
compensation, rehabilitation, outreach, health care, and
issues facing women veterans in the community, and to offer
recommendations on how best to alleviate these needs which
shall be included in the Task Force Annual Report for 2014. The
Task Force shall include the following members:
        (a) a representative of the Department of Veterans'
    Affairs, who shall chair the committee;
        (b) a representative from the Department of Military
    Affairs;
        (c) a representative from the Office of the Illinois
    Attorney General;
        (d) a member of the General Assembly appointed by the
    Speaker of the House;
        (e) a member of the General Assembly appointed by the
    House Minority Leader;
        (f) a member of the General Assembly appointed by the
    President of the Senate;
        (g) a member of the General Assembly appointed by the
    Senate Minority Leader;
        (h) 4 members chosen by the Department of Veterans'
    Affairs, who shall represent statewide veterans'
    organizations or veterans' homeless shelters;
        (i) one member appointed by the Lieutenant Governor;
    and
        (j) a representative of the United States Department of
    Veterans Affairs shall be invited to participate.
Vacancies in the Task Force shall be filled by the initial
appointing authority. Task Force members shall serve without
compensation, but may be reimbursed for necessary expenses
incurred in performing duties associated with the Task Force.
    By July 1, 2008 and by July 1 of each year thereafter
through July 1, 2017, the Task Force shall present an annual
report of its findings to the Governor, the Attorney General,
the Director of Veterans' Affairs, the Lieutenant Governor, and
the Secretary of the United States Department of Veterans
Affairs. As soon as is practicable after the Task Force
presents its final report due by July 1, 2017, any information
collected by the Task Force in carrying out its duties under
this Section shall be transferred to the Illinois Veterans'
Advisory Council.
    The Task Force is dissolved, and this Section is repealed,
on July 1, 2018. Veterans'
(Source: P.A. 100-10, eff. 6-30-17; 100-143, eff. 1-1-18;
100-201, eff. 8-18-17; revised 9-28-17.)
 
    Section 105. The Illinois Emergency Management Agency Act
is amended by changing Sections 5 and 7 as follows:
 
    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
    Sec. 5. Illinois Emergency Management Agency.
    (a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and a
Director of the Illinois Emergency Management Agency, herein
called the "Director" who shall be the head thereof. The
Director shall be appointed by the Governor, with the advice
and consent of the Senate, and shall serve for a term of 2
years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director appointed
under this Act shall expire on the third Monday in January,
1989. The Director shall not hold any other remunerative public
office. The Director shall receive an annual salary as set by
the Compensation Review Board.
    (b) The Illinois Emergency Management Agency shall obtain,
under the provisions of the Personnel Code, technical,
clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency
created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of June 30, 1988 (the effective date of this Act).
    (c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the program for emergency management
of this State. The Director shall also maintain liaison and
cooperate with the emergency management organizations of this
State and other states and of the federal government.
    (d) The Illinois Emergency Management Agency shall take an
integral part in the development and revision of political
subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the areas,
circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply.
    (e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency
management advisory committee composed of private and public
personnel representing the emergency management phases of
mitigation, preparedness, response, and recovery. The Local
Emergency Planning Committee, as created under the Illinois
Emergency Planning and Community Right to Know Act, shall serve
as an advisory committee to the emergency services and disaster
agency or agencies serving within the boundaries of that Local
Emergency Planning Committee planning district for:
        (1) the development of emergency operations plan
    provisions for hazardous chemical emergencies; and
        (2) the assessment of emergency response capabilities
    related to hazardous chemical emergencies.
    (f) The Illinois Emergency Management Agency shall:
        (1) Coordinate the overall emergency management
    program of the State.
        (2) Cooperate with local governments, the federal
    government and any public or private agency or entity in
    achieving any purpose of this Act and in implementing
    emergency management programs for mitigation,
    preparedness, response, and recovery.
        (2.5) Develop a comprehensive emergency preparedness
    and response plan for any nuclear accident in accordance
    with Section 65 of the Department of Nuclear Safety Law of
    2004 (20 ILCS 3310) and in development of the Illinois
    Nuclear Safety Preparedness program in accordance with
    Section 8 of the Illinois Nuclear Safety Preparedness Act.
        (2.6) Coordinate with the Department of Public Health
    with respect to planning for and responding to public
    health emergencies.
        (3) Prepare, for issuance by the Governor, executive
    orders, proclamations, and regulations as necessary or
    appropriate in coping with disasters.
        (4) Promulgate rules and requirements for political
    subdivision emergency operations plans that are not
    inconsistent with and are at least as stringent as
    applicable federal laws and regulations.
        (5) Review and approve, in accordance with Illinois
    Emergency Management Agency rules, emergency operations
    plans for those political subdivisions required to have an
    emergency services and disaster agency pursuant to this
    Act.
        (5.5) Promulgate rules and requirements for the
    political subdivision emergency management exercises,
    including, but not limited to, exercises of the emergency
    operations plans.
        (5.10) Review, evaluate, and approve, in accordance
    with Illinois Emergency Management Agency rules, political
    subdivision emergency management exercises for those
    political subdivisions required to have an emergency
    services and disaster agency pursuant to this Act.
        (6) Determine requirements of the State and its
    political subdivisions for food, clothing, and other
    necessities in event of a disaster.
        (7) Establish a register of persons with types of
    emergency management training and skills in mitigation,
    preparedness, response, and recovery.
        (8) Establish a register of government and private
    response resources available for use in a disaster.
        (9) Expand the Earthquake Awareness Program and its
    efforts to distribute earthquake preparedness materials to
    schools, political subdivisions, community groups, civic
    organizations, and the media. Emphasis will be placed on
    those areas of the State most at risk from an earthquake.
    Maintain the list of all school districts, hospitals,
    airports, power plants, including nuclear power plants,
    lakes, dams, emergency response facilities of all types,
    and all other major public or private structures which are
    at the greatest risk of damage from earthquakes under
    circumstances where the damage would cause subsequent harm
    to the surrounding communities and residents.
        (10) Disseminate all information, completely and
    without delay, on water levels for rivers and streams and
    any other data pertaining to potential flooding supplied by
    the Division of Water Resources within the Department of
    Natural Resources to all political subdivisions to the
    maximum extent possible.
        (11) Develop agreements, if feasible, with medical
    supply and equipment firms to supply resources as are
    necessary to respond to an earthquake or any other disaster
    as defined in this Act. These resources will be made
    available upon notifying the vendor of the disaster.
    Payment for the resources will be in accordance with
    Section 7 of this Act. The Illinois Department of Public
    Health shall determine which resources will be required and
    requested.
        (11.5) In coordination with the Department of State
    Police, develop and implement a community outreach program
    to promote awareness among the State's parents and children
    of child abduction prevention and response.
        (12) Out of funds appropriated for these purposes,
    award capital and non-capital grants to Illinois hospitals
    or health care facilities located outside of a city with a
    population in excess of 1,000,000 to be used for purposes
    that include, but are not limited to, preparing to respond
    to mass casualties and disasters, maintaining and
    improving patient safety and quality of care, and
    protecting the confidentiality of patient information. No
    single grant for a capital expenditure shall exceed
    $300,000. No single grant for a non-capital expenditure
    shall exceed $100,000. In awarding such grants, preference
    shall be given to hospitals that serve a significant number
    of Medicaid recipients, but do not qualify for
    disproportionate share hospital adjustment payments under
    the Illinois Public Aid Code. To receive such a grant, a
    hospital or health care facility must provide funding of at
    least 50% of the cost of the project for which the grant is
    being requested. In awarding such grants the Illinois
    Emergency Management Agency shall consider the
    recommendations of the Illinois Hospital Association.
        (13) Do all other things necessary, incidental or
    appropriate for the implementation of this Act.
    (g) The Illinois Emergency Management Agency is authorized
to make grants to various higher education institutions, public
K-12 school districts, area vocational centers as designated by
the State Board of Education, inter-district special education
cooperatives, regional safe schools, and nonpublic K-12
schools for safety and security improvements. For the purpose
of this subsection (g), "higher education institution" means a
public university, a public community college, or an
independent, not-for-profit or for-profit higher education
institution located in this State. Grants made under this
subsection (g) shall be paid out of moneys appropriated for
that purpose from the Build Illinois Bond Fund. The Illinois
Emergency Management Agency shall adopt rules to implement this
subsection (g). These rules may specify: (i) the manner of
applying for grants; (ii) project eligibility requirements;
(iii) restrictions on the use of grant moneys; (iv) the manner
in which the various higher education institutions must account
for the use of grant moneys; and (v) any other provision that
the Illinois Emergency Management Agency determines to be
necessary or useful for the administration of this subsection
(g).
    (g-5) The Illinois Emergency Management Agency is
authorized to make grants to not-for-profit organizations
which are exempt from federal income taxation under section
501(c)(3) of the Federal Internal Revenue Code for eligible
security improvements that assist the organization in
preventing, preparing for, or responding to acts of terrorism.
The Director shall establish procedures and forms by which
applicants may apply for a grant, and procedures for
distributing grants to recipients. The procedures shall
require each applicant to do the following:
        (1) identify and substantiate prior threats or attacks
    by a terrorist organization, network, or cell against the
    not-for-profit organization;
        (2) indicate the symbolic or strategic value of one or
    more sites that renders the site a possible target of
    terrorism;
        (3) discuss potential consequences to the organization
    if the site is damaged, destroyed, or disrupted by a
    terrorist act;
        (4) describe how the grant will be used to integrate
    organizational preparedness with broader State and local
    preparedness efforts;
        (5) submit a vulnerability assessment conducted by
    experienced security, law enforcement, or military
    personnel, and a description of how the grant award will be
    used to address the vulnerabilities identified in the
    assessment; and
        (6) submit any other relevant information as may be
    required by the Director.
    The Agency is authorized to use funds appropriated for the
grant program described in this subsection (g-5) to administer
the program.
    (h) Except as provided in Section 17.5 of this Act, any
moneys received by the Agency from donations or sponsorships
shall be deposited in the Emergency Planning and Training Fund
and used by the Agency, subject to appropriation, to effectuate
planning and training activities.
    (i) The Illinois Emergency Management Agency may by rule
assess and collect reasonable fees for attendance at
Agency-sponsored conferences to enable the Agency to carry out
the requirements of this Act. Any moneys received under this
subsection shall be deposited in the Emergency Planning and
Training Fund and used by the Agency, subject to appropriation,
for planning and training activities.
(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
revised 9-28-17.)
 
    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
    Sec. 7. Emergency Powers of the Governor. (a) In the event
of a disaster, as defined in Section 4, the Governor may, by
proclamation declare that a disaster exists. Upon such
proclamation, the Governor shall have and may exercise for a
period not to exceed 30 days the following emergency powers;
provided, however, that the lapse of the emergency powers shall
not, as regards any act or acts occurring or committed within
the 30-day 30 days period, deprive any person, firm,
corporation, political subdivision, or body politic of any
right or rights to compensation or reimbursement which he, she,
it, or they may have under the provisions of this Act:
        (1) To suspend the provisions of any regulatory statute
    prescribing procedures for conduct of State business, or
    the orders, rules and regulations of any State agency, if
    strict compliance with the provisions of any statute,
    order, rule, or regulation would in any way prevent, hinder
    or delay necessary action, including emergency purchases,
    by the Illinois Emergency Management Agency, in coping with
    the disaster.
        (2) To utilize all available resources of the State
    government as reasonably necessary to cope with the
    disaster and of each political subdivision of the State.
        (3) To transfer the direction, personnel or functions
    of State departments and agencies or units thereof for the
    purpose of performing or facilitating disaster response
    and recovery programs.
        (4) On behalf of this State to take possession of, and
    to acquire full title or a lesser specified interest in,
    any personal property as may be necessary to accomplish the
    objectives set forth in Section 2 of this Act, including:
    airplanes, automobiles, trucks, trailers, buses, and other
    vehicles; coal, oils, gasoline, and other fuels and means
    of propulsion; explosives, materials, equipment, and
    supplies; animals and livestock; feed and seed; food and
    provisions for humans and animals; clothing and bedding;
    and medicines and medical and surgical supplies; and to
    take possession of and for a limited period occupy and use
    any real estate necessary to accomplish those objectives;
    but only upon the undertaking by the State to pay just
    compensation therefor as in this Act provided, and then
    only under the following provisions:
            a. The Governor, or the person or persons as the
        Governor may authorize so to do, may forthwith take
        possession of property for and on behalf of the State;
        provided, however, that the Governor or persons shall
        simultaneously with the taking, deliver to the owner or
        his or her agent, if the identity of the owner or
        agency is known or readily ascertainable, a signed
        statement in writing, that shall include the name and
        address of the owner, the date and place of the taking,
        description of the property sufficient to identify it,
        a statement of interest in the property that is being
        so taken, and, if possible, a statement in writing,
        signed by the owner, setting forth the sum that he or
        she is willing to accept as just compensation for the
        property or use. Whether or not the owner or agent is
        known or readily ascertainable, a true copy of the
        statement shall promptly be filed by the Governor or
        the person with the Director, who shall keep the docket
        of the statements. In cases where the sum that the
        owner is willing to accept as just compensation is less
        than $1,000, copies of the statements shall also be
        filed by the Director with, and shall be passed upon by
        an Emergency Management Claims Commission, consisting
        of 3 disinterested citizens who shall be appointed by
        the Governor, by and with the advice and consent of the
        Senate, within 20 days after the Governor's
        declaration of a disaster, and if the sum fixed by them
        as just compensation be less than $1,000 and is
        accepted in writing by the owner, then the State
        Treasurer out of funds appropriated for these
        purposes, shall, upon certification thereof by the
        Emergency Management Claims Commission, cause the sum
        so certified forthwith to be paid to the owner. The
        Emergency Management Claims Commission is hereby given
        the power to issue appropriate subpoenas and to
        administer oaths to witnesses and shall keep
        appropriate minutes and other records of its actions
        upon and the disposition made of all claims.
            b. When the compensation to be paid for the taking
        or use of property or interest therein is not or cannot
        be determined and paid under item a of this paragraph
        (4) (a) above, a petition in the name of The People of
        the State of Illinois shall be promptly filed by the
        Director, which filing may be enforced by mandamus, in
        the circuit court of the county where the property or
        any part thereof was located when initially taken or
        used under the provisions of this Act praying that the
        amount of compensation to be paid to the person or
        persons interested therein be fixed and determined.
        The petition shall include a description of the
        property that has been taken, shall state the physical
        condition of the property when taken, shall name as
        defendants all interested parties, shall set forth the
        sum of money estimated to be just compensation for the
        property or interest therein taken or used, and shall
        be signed by the Director. The litigation shall be
        handled by the Attorney General for and on behalf of
        the State.
            c. Just compensation for the taking or use of
        property or interest therein shall be promptly
        ascertained in proceedings and established by judgment
        against the State, that shall include, as part of the
        just compensation so awarded, interest at the rate of
        6% per annum on the fair market value of the property
        or interest therein from the date of the taking or use
        to the date of the judgment; and the court may order
        the payment of delinquent taxes and special
        assessments out of the amount so awarded as just
        compensation and may make any other orders with respect
        to encumbrances, rents, insurance, and other charges,
        if any, as shall be just and equitable.
        (5) When required by the exigencies of the disaster, to
    sell, lend, rent, give, or distribute all or any part of
    property so or otherwise acquired to the inhabitants of
    this State, or to political subdivisions of this State, or,
    under the interstate mutual aid agreements or compacts as
    are entered into under the provisions of subparagraph (5)
    of paragraph (c) of Section 6 to other states, and to
    account for and transmit to the State Treasurer all funds,
    if any, received therefor.
        (6) To recommend the evacuation of all or part of the
    population from any stricken or threatened area within the
    State if the Governor deems this action necessary.
        (7) To prescribe routes, modes of transportation, and
    destinations in connection with evacuation.
        (8) To control ingress and egress to and from a
    disaster area, the movement of persons within the area, and
    the occupancy of premises therein.
        (9) To suspend or limit the sale, dispensing, or
    transportation of alcoholic beverages, firearms,
    explosives, and combustibles.
        (10) To make provision for the availability and use of
    temporary emergency housing.
        (11) A proclamation of a disaster shall activate the
    State Emergency Operations Plan, and political subdivision
    emergency operations plans applicable to the political
    subdivision or area in question and be authority for the
    deployment and use of any forces that the plan or plans
    apply and for use or distribution of any supplies,
    equipment, and materials and facilities assembled,
    stockpiled or arranged to be made available under this Act
    or any other provision of law relating to disasters.
        (12) Control, restrict, and regulate by rationing,
    freezing, use of quotas, prohibitions on shipments, price
    fixing, allocation or other means, the use, sale or
    distribution of food, feed, fuel, clothing and other
    commodities, materials, goods, or services; and perform
    and exercise any other functions, powers, and duties as may
    be necessary to promote and secure the safety and
    protection of the civilian population.
        (13) During the continuance of any disaster the
    Governor is commander-in-chief of the organized and
    unorganized militia and of all other forces available for
    emergency duty. To the greatest extent practicable, the
    Governor shall delegate or assign command authority to do
    so by orders issued at the time of the disaster.
        (14) Prohibit increases in the prices of goods and
    services during a disaster.
(Source: P.A. 92-73, eff. 1-1-02; revised 9-28-17.)
 
    Section 110. The State Historical Library Act is amended by
changing Section 5.1 as follows:
 
    (20 ILCS 3425/5.1)  (from Ch. 128, par. 16.1)
    Sec. 5.1. The State Historian shall establish and supervise
a program within the Abraham Lincoln Presidential Library and
Museum designed to preserve as historical records selected past
editions of newspapers of this State. Such editions shall be
preserved in accordance with industry standards and shall be
stored in a place provided by the Abraham Lincoln Presidential
Library and Museum and other materials shall be stored in a
place provided by the Abraham Lincoln Presidential Library and
Museum.
    The State Historian shall determine on the basis of
historical value the various newspaper edition files which
shall be preserved preservation. The State Historian or his or
her designee shall supervise the making of arrangements for
acquiring access to past edition files with the editors or
publishers of the various newspapers.
    Upon payment to the Abraham Lincoln Presidential Library
and Museum of the required fee, any person or organization
shall be granted access to the preserved editions of edition
newspapers and all records. The fee required shall be
determined by the State Historian and shall be equal in amount
to the cost incurred by the Abraham Lincoln Presidential
Library and Museum in granting such access.
(Source: P.A. 100-120, eff. 8-18-17; 100-164, eff. 8-18-17;
revised 9-28-17.)
 
    Section 115. The Old State Capitol Act is amended by
changing Section 1 as follows:
 
    (20 ILCS 3430/1)  (from Ch. 123, par. 52)
    Sec. 1. As used in this Act: ,
    (a) "Old State Capitol Complex" means the Old State Capitol
reconstructed under the "1961 Act" in Springfield and includes
space also occupied by the Abraham Lincoln Presidential Library
and Museum and an underground parking garage. ;
    (b) "1961 Act" means "An Act providing for the
reconstruction and restoration of the old State Capitol at
Springfield and providing for the custody thereof", approved
August 24, 1961, as amended. ;
    (c) "Board of Trustees" means the Board of Trustees of the
Historic Preservation Agency.
(Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
 
    Section 120. The Abraham Lincoln Presidential Library and
Museum Act is amended by changing Section 20 as follows:
 
    (20 ILCS 3475/20)
    Sec. 20. Composition of the Board. The Board of Trustees
shall consist of 11 members to be appointed by the Governor,
with the advice and consent of the Senate. The Board shall
consist of members with the following qualifications:
        (1) One member shall have recognized knowledge and
    ability in matters related to business administration.
        (2) One member shall have recognized knowledge and
    ability in matters related to the history of Abraham
    Lincoln.
        (3) One member shall have recognized knowledge and
    ability in matters related to the history of Illinois.
        (4) One member shall have recognized knowledge and
    ability in matters related to library and museum studies.
        (5) One member shall have recognized knowledge and
    ability in matters related to historic preservation.
        (6) One member shall have recognized knowledge and
    ability in matters related to cultural tourism.
        (7) One member shall have recognized knowledge and
    ability in matters related to conservation, digitization,
    and technological innovation.
    The initial terms of office shall be designated by the
Governor as follows: one member to serve for a term of one
year, 2 members to serve for a term of 2 years, 2 members to
serve for a term of 3 years, 2 members to serve for a term of 4
years, 2 members to serve for a term of 5 years, and 2 members
to serve for a term of 6 years. Thereafter, all appointments
shall be for a term of 6 years. The Governor shall appoint one
of the members to serve as chairperson at the pleasure of the
Governor.
    The members of the Board shall serve without compensation
but shall be entitled to reimbursement for all necessary
expenses incurred in the performance of their official duties
as members of the Board from funds appropriated for that
purpose.
    To facilitate communication and cooperation between the
Agency and the Abraham Lincoln Presidential Library
Foundation, the Foundation CEO shall serve as a non-voting, ex
officio ex-officio member of the Board.
(Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
 
    Section 125. The Illinois Power Agency Act is amended by
changing Sections 1-60 and 1-75 as follows:
 
    (20 ILCS 3855/1-60)
    Sec. 1-60. Moneys made available by private or public
entities. (a) The Agency may apply for, receive, expend,
allocate, or disburse funds and moneys made available by public
or private entities, including, but not limited to, contracts,
private or public financial gifts, bequests, grants, or
donations from individuals, corporations, foundations, or
public or private institutions of higher learning. All funds
received by the Agency from these sources shall be deposited:
        (1) into the Illinois Power Agency Operations Fund, if
    for general Agency operations, to be held by the State
    Treasurer as ex officio custodian, and subject to the
    Comptroller-Treasurer, voucher-warrant system; or
        (2) into the Illinois Power Agency Facilities Fund, if
    for costs incurred in connection with the development and
    construction of a facility by the Agency, to be held by the
    State Treasurer as ex officio custodian, and subject to the
    Comptroller-Treasurer, voucher-warrant system.
    Any funds received, expended, allocated, or disbursed
shall be expended by the Agency for the purposes as indicated
by the grantor, donor, or, in the case of funds or moneys given
or donated for no specific purposes, for any purpose deemed
appropriate by the Director in administering the
responsibilities of the Agency as set forth in this Act.
(Source: P.A. 95-481, eff. 8-28-07; revised 9-25-17.)
 
    (20 ILCS 3855/1-75)
    Sec. 1-75. Planning and Procurement Bureau. The Planning
and Procurement Bureau has the following duties and
responsibilities:
    (a) The Planning and Procurement Bureau shall each year,
beginning in 2008, develop procurement plans and conduct
competitive procurement processes in accordance with the
requirements of Section 16-111.5 of the Public Utilities Act
for the eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in Illinois. Beginning with the delivery year
commencing on June 1, 2017, the Planning and Procurement Bureau
shall develop plans and processes for the procurement of zero
emission credits from zero emission facilities in accordance
with the requirements of subsection (d-5) of this Section. The
Planning and Procurement Bureau shall also develop procurement
plans and conduct competitive procurement processes in
accordance with the requirements of Section 16-111.5 of the
Public Utilities Act for the eligible retail customers of small
multi-jurisdictional electric utilities that (i) on December
31, 2005 served less than 100,000 customers in Illinois and
(ii) request a procurement plan for their Illinois
jurisdictional load. This Section shall not apply to a small
multi-jurisdictional utility until such time as a small
multi-jurisdictional utility requests the Agency to prepare a
procurement plan for their Illinois jurisdictional load. For
the purposes of this Section, the term "eligible retail
customers" has the same definition as found in Section
16-111.5(a) of the Public Utilities Act.
    Beginning with the plan or plans to be implemented in the
2017 delivery year, the Agency shall no longer include the
procurement of renewable energy resources in the annual
procurement plans required by this subsection (a), except as
provided in subsection (q) of Section 16-111.5 of the Public
Utilities Act, and shall instead develop a long-term renewable
resources procurement plan in accordance with subsection (c) of
this Section and Section 16-111.5 of the Public Utilities Act.
        (1) The Agency shall each year, beginning in 2008, as
    needed, issue a request for qualifications for experts or
    expert consulting firms to develop the procurement plans in
    accordance with Section 16-111.5 of the Public Utilities
    Act. In order to qualify an expert or expert consulting
    firm must have:
            (A) direct previous experience assembling
        large-scale power supply plans or portfolios for
        end-use customers;
            (B) an advanced degree in economics, mathematics,
        engineering, risk management, or a related area of
        study;
            (C) 10 years of experience in the electricity
        sector, including managing supply risk;
            (D) expertise in wholesale electricity market
        rules, including those established by the Federal
        Energy Regulatory Commission and regional transmission
        organizations;
            (E) expertise in credit protocols and familiarity
        with contract protocols;
            (F) adequate resources to perform and fulfill the
        required functions and responsibilities; and
            (G) the absence of a conflict of interest and
        inappropriate bias for or against potential bidders or
        the affected electric utilities.
        (2) The Agency shall each year, as needed, issue a
    request for qualifications for a procurement administrator
    to conduct the competitive procurement processes in
    accordance with Section 16-111.5 of the Public Utilities
    Act. In order to qualify an expert or expert consulting
    firm must have:
            (A) direct previous experience administering a
        large-scale competitive procurement process;
            (B) an advanced degree in economics, mathematics,
        engineering, or a related area of study;
            (C) 10 years of experience in the electricity
        sector, including risk management experience;
            (D) expertise in wholesale electricity market
        rules, including those established by the Federal
        Energy Regulatory Commission and regional transmission
        organizations;
            (E) expertise in credit and contract protocols;
            (F) adequate resources to perform and fulfill the
        required functions and responsibilities; and
            (G) the absence of a conflict of interest and
        inappropriate bias for or against potential bidders or
        the affected electric utilities.
        (3) The Agency shall provide affected utilities and
    other interested parties with the lists of qualified
    experts or expert consulting firms identified through the
    request for qualifications processes that are under
    consideration to develop the procurement plans and to serve
    as the procurement administrator. The Agency shall also
    provide each qualified expert's or expert consulting
    firm's response to the request for qualifications. All
    information provided under this subparagraph shall also be
    provided to the Commission. The Agency may provide by rule
    for fees associated with supplying the information to
    utilities and other interested parties. These parties
    shall, within 5 business days, notify the Agency in writing
    if they object to any experts or expert consulting firms on
    the lists. Objections shall be based on:
            (A) failure to satisfy qualification criteria;
            (B) identification of a conflict of interest; or
            (C) evidence of inappropriate bias for or against
        potential bidders or the affected utilities.
        The Agency shall remove experts or expert consulting
    firms from the lists within 10 days if there is a
    reasonable basis for an objection and provide the updated
    lists to the affected utilities and other interested
    parties. If the Agency fails to remove an expert or expert
    consulting firm from a list, an objecting party may seek
    review by the Commission within 5 days thereafter by filing
    a petition, and the Commission shall render a ruling on the
    petition within 10 days. There is no right of appeal of the
    Commission's ruling.
        (4) The Agency shall issue requests for proposals to
    the qualified experts or expert consulting firms to develop
    a procurement plan for the affected utilities and to serve
    as procurement administrator.
        (5) The Agency shall select an expert or expert
    consulting firm to develop procurement plans based on the
    proposals submitted and shall award contracts of up to 5
    years to those selected.
        (6) The Agency shall select an expert or expert
    consulting firm, with approval of the Commission, to serve
    as procurement administrator based on the proposals
    submitted. If the Commission rejects, within 5 days, the
    Agency's selection, the Agency shall submit another
    recommendation within 3 days based on the proposals
    submitted. The Agency shall award a 5-year contract to the
    expert or expert consulting firm so selected with
    Commission approval.
    (b) The experts or expert consulting firms retained by the
Agency shall, as appropriate, prepare procurement plans, and
conduct a competitive procurement process as prescribed in
Section 16-111.5 of the Public Utilities Act, to ensure
adequate, reliable, affordable, efficient, and environmentally
sustainable electric service at the lowest total cost over
time, taking into account any benefits of price stability, for
eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in the State of Illinois, and for eligible Illinois
retail customers of small multi-jurisdictional electric
utilities that (i) on December 31, 2005 served less than
100,000 customers in Illinois and (ii) request a procurement
plan for their Illinois jurisdictional load.
    (c) Renewable portfolio standard.
        (1)(A) The Agency shall develop a long-term renewable
    resources procurement plan that shall include procurement
    programs and competitive procurement events necessary to
    meet the goals set forth in this subsection (c). The
    initial long-term renewable resources procurement plan
    shall be released for comment no later than 160 days after
    June 1, 2017 (the effective date of Public Act 99-906) this
    amendatory Act of the 99th General Assembly. The Agency
    shall review, and may revise on an expedited basis, the
    long-term renewable resources procurement plan at least
    every 2 years, which shall be conducted in conjunction with
    the procurement plan under Section 16-111.5 of the Public
    Utilities Act to the extent practicable to minimize
    administrative expense. The long-term renewable resources
    procurement plans shall be subject to review and approval
    by the Commission under Section 16-111.5 of the Public
    Utilities Act.
        (B) Subject to subparagraph (F) of this paragraph (1),
    the long-term renewable resources procurement plan shall
    include the goals for procurement of renewable energy
    credits to meet at least the following overall percentages:
    13% by the 2017 delivery year; increasing by at least 1.5%
    each delivery year thereafter to at least 25% by the 2025
    delivery year; and continuing at no less than 25% for each
    delivery year thereafter. In the event of a conflict
    between these goals and the new wind and new photovoltaic
    procurement requirements described in items (i) through
    (iii) of subparagraph (C) of this paragraph (1), the
    long-term plan shall prioritize compliance with the new
    wind and new photovoltaic procurement requirements
    described in items (i) through (iii) of subparagraph (C) of
    this paragraph (1) over the annual percentage targets
    described in this subparagraph (B).
        For the delivery year beginning June 1, 2017, the
    procurement plan shall include cost-effective renewable
    energy resources equal to at least 13% of each utility's
    load for eligible retail customers and 13% of the
    applicable portion of each utility's load for retail
    customers who are not eligible retail customers, which
    applicable portion shall equal 50% of the utility's load
    for retail customers who are not eligible retail customers
    on February 28, 2017.
        For the delivery year beginning June 1, 2018, the
    procurement plan shall include cost-effective renewable
    energy resources equal to at least 14.5% of each utility's
    load for eligible retail customers and 14.5% of the
    applicable portion of each utility's load for retail
    customers who are not eligible retail customers, which
    applicable portion shall equal 75% of the utility's load
    for retail customers who are not eligible retail customers
    on February 28, 2017.
        For the delivery year beginning June 1, 2019, and for
    each year thereafter, the procurement plans shall include
    cost-effective renewable energy resources equal to a
    minimum percentage of each utility's load for all retail
    customers as follows: 16% by June 1, 2019; increasing by
    1.5% each year thereafter to 25% by June 1, 2025; and 25%
    by June 1, 2026 and each year thereafter.
        For each delivery year, the Agency shall first
    recognize each utility's obligations for that delivery
    year under existing contracts. Any renewable energy
    credits under existing contracts, including renewable
    energy credits as part of renewable energy resources, shall
    be used to meet the goals set forth in this subsection (c)
    for the delivery year.
        (C) Of the renewable energy credits procured under this
    subsection (c), at least 75% shall come from wind and
    photovoltaic projects. The long-term renewable resources
    procurement plan described in subparagraph (A) of this
    paragraph (1) shall include the procurement of renewable
    energy credits in amounts equal to at least the following:
            (i) By the end of the 2020 delivery year:
                At least 2,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 2,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            generation devices or community renewable
            generation projects; at least 40% from
            utility-scale solar projects; at least 2% from
            brownfield site photovoltaic projects that are not
            community renewable generation projects; and the
            remainder shall be determined through the
            long-term planning process described in
            subparagraph (A) of this paragraph (1).
            (ii) By the end of the 2025 delivery year:
                At least 3,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 3,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            devices or community renewable generation
            projects; at least 40% from utility-scale solar
            projects; at least 2% from brownfield site
            photovoltaic projects that are not community
            renewable generation projects; and the remainder
            shall be determined through the long-term planning
            process described in subparagraph (A) of this
            paragraph (1).
            (iii) By the end of the 2030 delivery year:
                At least 4,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 4,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            devices or community renewable generation
            projects; at least 40% from utility-scale solar
            projects; at least 2% from brownfield site
            photovoltaic projects that are not community
            renewable generation projects; and the remainder
            shall be determined through the long-term planning
            process described in subparagraph (A) of this
            paragraph (1).
            For purposes of this Section:
                "New wind projects" means wind renewable
            energy facilities that are energized after June 1,
            2017 for the delivery year commencing June 1, 2017
            or within 3 years after the date the Commission
            approves contracts for subsequent delivery years.
                "New photovoltaic projects" means photovoltaic
            renewable energy facilities that are energized
            after June 1, 2017. Photovoltaic projects
            developed under Section 1-56 of this Act shall not
            apply towards the new photovoltaic project
            requirements in this subparagraph (C).
        (D) Renewable energy credits shall be cost effective.
    For purposes of this subsection (c), "cost effective" means
    that the costs of procuring renewable energy resources do
    not cause the limit stated in subparagraph (E) of this
    paragraph (1) to be exceeded and, for renewable energy
    credits procured through a competitive procurement event,
    do not exceed benchmarks based on market prices for like
    products in the region. For purposes of this subsection
    (c), "like products" means contracts for renewable energy
    credits from the same or substantially similar technology,
    same or substantially similar vintage (new or existing),
    the same or substantially similar quantity, and the same or
    substantially similar contract length and structure.
    Benchmarks shall be developed by the procurement
    administrator, in consultation with the Commission staff,
    Agency staff, and the procurement monitor and shall be
    subject to Commission review and approval. If price
    benchmarks for like products in the region are not
    available, the procurement administrator shall establish
    price benchmarks based on publicly available data on
    regional technology costs and expected current and future
    regional energy prices. The benchmarks in this Section
    shall not be used to curtail or otherwise reduce
    contractual obligations entered into by or through the
    Agency prior to June 1, 2017 (the effective date of Public
    Act 99-906) this amendatory Act of the 99th General
    Assembly.
        (E) For purposes of this subsection (c), the required
    procurement of cost-effective renewable energy resources
    for a particular year commencing prior to June 1, 2017
    shall be measured as a percentage of the actual amount of
    electricity (megawatt-hours) supplied by the electric
    utility to eligible retail customers in the delivery year
    ending immediately prior to the procurement, and, for
    delivery years commencing on and after June 1, 2017, the
    required procurement of cost-effective renewable energy
    resources for a particular year shall be measured as a
    percentage of the actual amount of electricity
    (megawatt-hours) delivered by the electric utility in the
    delivery year ending immediately prior to the procurement,
    to all retail customers in its service territory. For
    purposes of this subsection (c), the amount paid per
    kilowatthour means the total amount paid for electric
    service expressed on a per kilowatthour basis. For purposes
    of this subsection (c), the total amount paid for electric
    service includes without limitation amounts paid for
    supply, transmission, distribution, surcharges, and add-on
    taxes.
        Notwithstanding the requirements of this subsection
    (c), the total of renewable energy resources procured under
    the procurement plan for any single year shall be subject
    to the limitations of this subparagraph (E). Such
    procurement shall be reduced for all retail customers based
    on the amount necessary to limit the annual estimated
    average net increase due to the costs of these resources
    included in the amounts paid by eligible retail customers
    in connection with electric service to no more than the
    greater of 2.015% of the amount paid per kilowatthour by
    those customers during the year ending May 31, 2007 or the
    incremental amount per kilowatthour paid for these
    resources in 2011. To arrive at a maximum dollar amount of
    renewable energy resources to be procured for the
    particular delivery year, the resulting per kilowatthour
    amount shall be applied to the actual amount of
    kilowatthours of electricity delivered, or applicable
    portion of such amount as specified in paragraph (1) of
    this subsection (c), as applicable, by the electric utility
    in the delivery year immediately prior to the procurement
    to all retail customers in its service territory. The
    calculations required by this subparagraph (E) shall be
    made only once for each delivery year at the time that the
    renewable energy resources are procured. Once the
    determination as to the amount of renewable energy
    resources to procure is made based on the calculations set
    forth in this subparagraph (E) and the contracts procuring
    those amounts are executed, no subsequent rate impact
    determinations shall be made and no adjustments to those
    contract amounts shall be allowed. All costs incurred under
    such contracts shall be fully recoverable by the electric
    utility as provided in this Section.
        (F) If the limitation on the amount of renewable energy
    resources procured in subparagraph (E) of this paragraph
    (1) prevents the Agency from meeting all of the goals in
    this subsection (c), the Agency's long-term plan shall
    prioritize compliance with the requirements of this
    subsection (c) regarding renewable energy credits in the
    following order:
            (i) renewable energy credits under existing
        contractual obligations;
            (i-5) funding for the Illinois Solar for All
        Program, as described in subparagraph (O) of this
        paragraph (1);
            (ii) renewable energy credits necessary to comply
        with the new wind and new photovoltaic procurement
        requirements described in items (i) through (iii) of
        subparagraph (C) of this paragraph (1); and
            (iii) renewable energy credits necessary to meet
        the remaining requirements of this subsection (c).
        (G) The following provisions shall apply to the
    Agency's procurement of renewable energy credits under
    this subsection (c):
            (i) Notwithstanding whether a long-term renewable
        resources procurement plan has been approved, the
        Agency shall conduct an initial forward procurement
        for renewable energy credits from new utility-scale
        wind projects within 160 days after June 1, 2017 (the
        effective date of Public Act 99-906) this amendatory
        Act of the 99th General Assembly. For the purposes of
        this initial forward procurement, the Agency shall
        solicit 15-year contracts for delivery of 1,000,000
        renewable energy credits delivered annually from new
        utility-scale wind projects to begin delivery on June
        1, 2019, if available, but not later than June 1, 2021.
        Payments to suppliers of renewable energy credits
        shall commence upon delivery. Renewable energy credits
        procured under this initial procurement shall be
        included in the Agency's long-term plan and shall apply
        to all renewable energy goals in this subsection (c).
            (ii) Notwithstanding whether a long-term renewable
        resources procurement plan has been approved, the
        Agency shall conduct an initial forward procurement
        for renewable energy credits from new utility-scale
        solar projects and brownfield site photovoltaic
        projects within one year after June 1, 2017 (the
        effective date of Public Act 99-906) this amendatory
        Act of the 99th General Assembly. For the purposes of
        this initial forward procurement, the Agency shall
        solicit 15-year contracts for delivery of 1,000,000
        renewable energy credits delivered annually from new
        utility-scale solar projects and brownfield site
        photovoltaic projects to begin delivery on June 1,
        2019, if available, but not later than June 1, 2021.
        The Agency may structure this initial procurement in
        one or more discrete procurement events. Payments to
        suppliers of renewable energy credits shall commence
        upon delivery. Renewable energy credits procured under
        this initial procurement shall be included in the
        Agency's long-term plan and shall apply to all
        renewable energy goals in this subsection (c).
            (iii) Subsequent forward procurements for
        utility-scale wind projects shall solicit at least
        1,000,000 renewable energy credits delivered annually
        per procurement event and shall be planned, scheduled,
        and designed such that the cumulative amount of
        renewable energy credits delivered from all new wind
        projects in each delivery year shall not exceed the
        Agency's projection of the cumulative amount of
        renewable energy credits that will be delivered from
        all new photovoltaic projects, including utility-scale
        and distributed photovoltaic devices, in the same
        delivery year at the time scheduled for wind contract
        delivery.
            (iv) If, at any time after the time set for
        delivery of renewable energy credits pursuant to the
        initial procurements in items (i) and (ii) of this
        subparagraph (G), the cumulative amount of renewable
        energy credits projected to be delivered from all new
        wind projects in a given delivery year exceeds the
        cumulative amount of renewable energy credits
        projected to be delivered from all new photovoltaic
        projects in that delivery year by 200,000 or more
        renewable energy credits, then the Agency shall within
        60 days adjust the procurement programs in the
        long-term renewable resources procurement plan to
        ensure that the projected cumulative amount of
        renewable energy credits to be delivered from all new
        wind projects does not exceed the projected cumulative
        amount of renewable energy credits to be delivered from
        all new photovoltaic projects by 200,000 or more
        renewable energy credits, provided that nothing in
        this Section shall preclude the projected cumulative
        amount of renewable energy credits to be delivered from
        all new photovoltaic projects from exceeding the
        projected cumulative amount of renewable energy
        credits to be delivered from all new wind projects in
        each delivery year and provided further that nothing in
        this item (iv) shall require the curtailment of an
        executed contract. The Agency shall update, on a
        quarterly basis, its projection of the renewable
        energy credits to be delivered from all projects in
        each delivery year. Notwithstanding anything to the
        contrary, the Agency may adjust the timing of
        procurement events conducted under this subparagraph
        (G). The long-term renewable resources procurement
        plan shall set forth the process by which the
        adjustments may be made.
            (v) All procurements under this subparagraph (G)
        shall comply with the geographic requirements in
        subparagraph (I) of this paragraph (1) and shall follow
        the procurement processes and procedures described in
        this Section and Section 16-111.5 of the Public
        Utilities Act to the extent practicable, and these
        processes and procedures may be expedited to
        accommodate the schedule established by this
        subparagraph (G).
        (H) The procurement of renewable energy resources for a
    given delivery year shall be reduced as described in this
    subparagraph (H) if an alternative alternate retail
    electric supplier meets the requirements described in this
    subparagraph (H).
            (i) Within 45 days after June 1, 2017 (the
        effective date of Public Act 99-906) this amendatory
        Act of the 99th General Assembly, an alternative retail
        electric supplier or its successor shall submit an
        informational filing to the Illinois Commerce
        Commission certifying that, as of December 31, 2015,
        the alternative retail electric supplier owned one or
        more electric generating facilities that generates
        renewable energy resources as defined in Section 1-10
        of this Act, provided that such facilities are not
        powered by wind or photovoltaics, and the facilities
        generate one renewable energy credit for each
        megawatthour of energy produced from the facility.
            The informational filing shall identify each
        facility that was eligible to satisfy the alternative
        retail electric supplier's obligations under Section
        16-115D of the Public Utilities Act as described in
        this item (i).
            (ii) For a given delivery year, the alternative
        retail electric supplier may elect to supply its retail
        customers with renewable energy credits from the
        facility or facilities described in item (i) of this
        subparagraph (H) that continue to be owned by the
        alternative retail electric supplier.
            (iii) The alternative retail electric supplier
        shall notify the Agency and the applicable utility, no
        later than February 28 of the year preceding the
        applicable delivery year or 15 days after June 1, 2017
        (the effective date of Public Act 99-906) this
        amendatory Act of the 99th General Assembly, whichever
        is later, of its election under item (ii) of this
        subparagraph (H) to supply renewable energy credits to
        retail customers of the utility. Such election shall
        identify the amount of renewable energy credits to be
        supplied by the alternative retail electric supplier
        to the utility's retail customers and the source of the
        renewable energy credits identified in the
        informational filing as described in item (i) of this
        subparagraph (H), subject to the following
        limitations:
                For the delivery year beginning June 1, 2018,
            the maximum amount of renewable energy credits to
            be supplied by an alternative retail electric
            supplier under this subparagraph (H) shall be 68%
            multiplied by 25% multiplied by 14.5% multiplied
            by the amount of metered electricity
            (megawatt-hours) delivered by the alternative
            retail electric supplier to Illinois retail
            customers during the delivery year ending May 31,
            2016.
                For delivery years beginning June 1, 2019 and
            each year thereafter, the maximum amount of
            renewable energy credits to be supplied by an
            alternative retail electric supplier under this
            subparagraph (H) shall be 68% multiplied by 50%
            multiplied by 16% multiplied by the amount of
            metered electricity (megawatt-hours) delivered by
            the alternative retail electric supplier to
            Illinois retail customers during the delivery year
            ending May 31, 2016, provided that the 16% value
            shall increase by 1.5% each delivery year
            thereafter to 25% by the delivery year beginning
            June 1, 2025, and thereafter the 25% value shall
            apply to each delivery year.
            For each delivery year, the total amount of
        renewable energy credits supplied by all alternative
        retail electric suppliers under this subparagraph (H)
        shall not exceed 9% of the Illinois target renewable
        energy credit quantity. The Illinois target renewable
        energy credit quantity for the delivery year beginning
        June 1, 2018 is 14.5% multiplied by the total amount of
        metered electricity (megawatt-hours) delivered in the
        delivery year immediately preceding that delivery
        year, provided that the 14.5% shall increase by 1.5%
        each delivery year thereafter to 25% by the delivery
        year beginning June 1, 2025, and thereafter the 25%
        value shall apply to each delivery year.
            If the requirements set forth in items (i) through
        (iii) of this subparagraph (H) are met, the charges
        that would otherwise be applicable to the retail
        customers of the alternative retail electric supplier
        under paragraph (6) of this subsection (c) for the
        applicable delivery year shall be reduced by the ratio
        of the quantity of renewable energy credits supplied by
        the alternative retail electric supplier compared to
        that supplier's target renewable energy credit
        quantity. The supplier's target renewable energy
        credit quantity for the delivery year beginning June 1,
        2018 is 14.5% multiplied by the total amount of metered
        electricity (megawatt-hours) delivered by the
        alternative retail supplier in that delivery year,
        provided that the 14.5% shall increase by 1.5% each
        delivery year thereafter to 25% by the delivery year
        beginning June 1, 2025, and thereafter the 25% value
        shall apply to each delivery year.
            On or before April 1 of each year, the Agency shall
        annually publish a report on its website that
        identifies the aggregate amount of renewable energy
        credits supplied by alternative retail electric
        suppliers under this subparagraph (H).
        (I) The Agency shall design its long-term renewable
    energy procurement plan to maximize the State's interest in
    the health, safety, and welfare of its residents, including
    but not limited to minimizing sulfur dioxide, nitrogen
    oxide, particulate matter and other pollution that
    adversely affects public health in this State, increasing
    fuel and resource diversity in this State, enhancing the
    reliability and resiliency of the electricity distribution
    system in this State, meeting goals to limit carbon dioxide
    emissions under federal or State law, and contributing to a
    cleaner and healthier environment for the citizens of this
    State. In order to further these legislative purposes,
    renewable energy credits shall be eligible to be counted
    toward the renewable energy requirements of this
    subsection (c) if they are generated from facilities
    located in this State. The Agency may qualify renewable
    energy credits from facilities located in states adjacent
    to Illinois if the generator demonstrates and the Agency
    determines that the operation of such facility or
    facilities will help promote the State's interest in the
    health, safety, and welfare of its residents based on the
    public interest criteria described above. To ensure that
    the public interest criteria are applied to the procurement
    and given full effect, the Agency's long-term procurement
    plan shall describe in detail how each public interest
    factor shall be considered and weighted for facilities
    located in states adjacent to Illinois.
        (J) In order to promote the competitive development of
    renewable energy resources in furtherance of the State's
    interest in the health, safety, and welfare of its
    residents, renewable energy credits shall not be eligible
    to be counted toward the renewable energy requirements of
    this subsection (c) if they are sourced from a generating
    unit whose costs were being recovered through rates
    regulated by this State or any other state or states on or
    after January 1, 2017. Each contract executed to purchase
    renewable energy credits under this subsection (c) shall
    provide for the contract's termination if the costs of the
    generating unit supplying the renewable energy credits
    subsequently begin to be recovered through rates regulated
    by this State or any other state or states; and each
    contract shall further provide that, in that event, the
    supplier of the credits must return 110% of all payments
    received under the contract. Amounts returned under the
    requirements of this subparagraph (J) shall be retained by
    the utility and all of these amounts shall be used for the
    procurement of additional renewable energy credits from
    new wind or new photovoltaic resources as defined in this
    subsection (c). The long-term plan shall provide that these
    renewable energy credits shall be procured in the next
    procurement event.
        Notwithstanding the limitations of this subparagraph
    (J), renewable energy credits sourced from generating
    units that are constructed, purchased, owned, or leased by
    an electric utility as part of an approved project,
    program, or pilot under Section 1-56 of this Act shall be
    eligible to be counted toward the renewable energy
    requirements of this subsection (c), regardless of how the
    costs of these units are recovered.
        (K) The long-term renewable resources procurement plan
    developed by the Agency in accordance with subparagraph (A)
    of this paragraph (1) shall include an Adjustable Block
    program for the procurement of renewable energy credits
    from new photovoltaic projects that are distributed
    renewable energy generation devices or new photovoltaic
    community renewable generation projects. The Adjustable
    Block program shall be designed to provide a transparent
    schedule of prices and quantities to enable the
    photovoltaic market to scale up and for renewable energy
    credit prices to adjust at a predictable rate over time.
    The prices set by the Adjustable Block program can be
    reflected as a set value or as the product of a formula.
        The Adjustable Block program shall include for each
    category of eligible projects: a schedule of standard block
    purchase prices to be offered; a series of steps, with
    associated nameplate capacity and purchase prices that
    adjust from step to step; and automatic opening of the next
    step as soon as the nameplate capacity and available
    purchase prices for an open step are fully committed or
    reserved. Only projects energized on or after June 1, 2017
    shall be eligible for the Adjustable Block program. For
    each block group the Agency shall determine the number of
    blocks, the amount of generation capacity in each block,
    and the purchase price for each block, provided that the
    purchase price provided and the total amount of generation
    in all blocks for all block groups shall be sufficient to
    meet the goals in this subsection (c). The Agency may
    periodically review its prior decisions establishing the
    number of blocks, the amount of generation capacity in each
    block, and the purchase price for each block, and may
    propose, on an expedited basis, changes to these previously
    set values, including but not limited to redistributing
    these amounts and the available funds as necessary and
    appropriate, subject to Commission approval as part of the
    periodic plan revision process described in Section
    16-111.5 of the Public Utilities Act. The Agency may define
    different block sizes, purchase prices, or other distinct
    terms and conditions for projects located in different
    utility service territories if the Agency deems it
    necessary to meet the goals in this subsection (c).
        The Adjustable Block program shall include at least the
    following block groups in at least the following amounts,
    which may be adjusted upon review by the Agency and
    approval by the Commission as described in this
    subparagraph (K):
            (i) At least 25% from distributed renewable energy
        generation devices with a nameplate capacity of no more
        than 10 kilowatts.
            (ii) At least 25% from distributed renewable
        energy generation devices with a nameplate capacity of
        more than 10 kilowatts and no more than 2,000
        kilowatts. The Agency may create sub-categories within
        this category to account for the differences between
        projects for small commercial customers, large
        commercial customers, and public or non-profit
        customers.
            (iii) At least 25% from photovoltaic community
        renewable generation projects.
            (iv) The remaining 25% shall be allocated as
        specified by the Agency in the long-term renewable
        resources procurement plan.
        The Adjustable Block program shall be designed to
    ensure that renewable energy credits are procured from
    photovoltaic distributed renewable energy generation
    devices and new photovoltaic community renewable energy
    generation projects in diverse locations and are not
    concentrated in a few geographic areas.
        (L) The procurement of photovoltaic renewable energy
    credits under items (i) through (iv) of subparagraph (K) of
    this paragraph (1) shall be subject to the following
    contract and payment terms:
            (i) The Agency shall procure contracts of at least
        15 years in length.
            (ii) For those renewable energy credits that
        qualify and are procured under item (i) of subparagraph
        (K) of this paragraph (1), the renewable energy credit
        purchase price shall be paid in full by the contracting
        utilities at the time that the facility producing the
        renewable energy credits is interconnected at the
        distribution system level of the utility and
        energized. The electric utility shall receive and
        retire all renewable energy credits generated by the
        project for the first 15 years of operation.
            (iii) For those renewable energy credits that
        qualify and are procured under item (ii) and (iii) of
        subparagraph (K) of this paragraph (1) and any
        additional categories of distributed generation
        included in the long-term renewable resources
        procurement plan and approved by the Commission, 20
        percent of the renewable energy credit purchase price
        shall be paid by the contracting utilities at the time
        that the facility producing the renewable energy
        credits is interconnected at the distribution system
        level of the utility and energized. The remaining
        portion shall be paid ratably over the subsequent
        4-year period. The electric utility shall receive and
        retire all renewable energy credits generated by the
        project for the first 15 years of operation.
            (iv) Each contract shall include provisions to
        ensure the delivery of the renewable energy credits for
        the full term of the contract.
            (v) The utility shall be the counterparty to the
        contracts executed under this subparagraph (L) that
        are approved by the Commission under the process
        described in Section 16-111.5 of the Public Utilities
        Act. No contract shall be executed for an amount that
        is less than one renewable energy credit per year.
            (vi) If, at any time, approved applications for the
        Adjustable Block program exceed funds collected by the
        electric utility or would cause the Agency to exceed
        the limitation described in subparagraph (E) of this
        paragraph (1) on the amount of renewable energy
        resources that may be procured, then the Agency shall
        consider future uncommitted funds to be reserved for
        these contracts on a first-come, first-served basis,
        with the delivery of renewable energy credits required
        beginning at the time that the reserved funds become
        available.
            (vii) Nothing in this Section shall require the
        utility to advance any payment or pay any amounts that
        exceed the actual amount of revenues collected by the
        utility under paragraph (6) of this subsection (c) and
        subsection (k) of Section 16-108 of the Public
        Utilities Act, and contracts executed under this
        Section shall expressly incorporate this limitation.
        (M) The Agency shall be authorized to retain one or
    more experts or expert consulting firms to develop,
    administer, implement, operate, and evaluate the
    Adjustable Block program described in subparagraph (K) of
    this paragraph (1), and the Agency shall retain the
    consultant or consultants in the same manner, to the extent
    practicable, as the Agency retains others to administer
    provisions of this Act, including, but not limited to, the
    procurement administrator. The selection of experts and
    expert consulting firms and the procurement process
    described in this subparagraph (M) are exempt from the
    requirements of Section 20-10 of the Illinois Procurement
    Code, under Section 20-10 of that Code. The Agency shall
    strive to minimize administrative expenses in the
    implementation of the Adjustable Block program.
        The Agency and its consultant or consultants shall
    monitor block activity, share program activity with
    stakeholders and conduct regularly scheduled meetings to
    discuss program activity and market conditions. If
    necessary, the Agency may make prospective administrative
    adjustments to the Adjustable Block program design, such as
    redistributing available funds or making adjustments to
    purchase prices as necessary to achieve the goals of this
    subsection (c). Program modifications to any price,
    capacity block, or other program element that do not
    deviate from the Commission's approved value by more than
    25% shall take effect immediately and are not subject to
    Commission review and approval. Program modifications to
    any price, capacity block, or other program element that
    deviate more than 25% from the Commission's approved value
    must be approved by the Commission as a long-term plan
    amendment under Section 16-111.5 of the Public Utilities
    Act. The Agency shall consider stakeholder feedback when
    making adjustments to the Adjustable Block design and shall
    notify stakeholders in advance of any planned changes.
        (N) The long-term renewable resources procurement plan
    required by this subsection (c) shall include a community
    renewable generation program. The Agency shall establish
    the terms, conditions, and program requirements for
    community renewable generation projects with a goal to
    expand renewable energy generating facility access to a
    broader group of energy consumers, to ensure robust
    participation opportunities for residential and small
    commercial customers and those who cannot install
    renewable energy on their own properties. Any plan approved
    by the Commission shall allow subscriptions to community
    renewable generation projects to be portable and
    transferable. For purposes of this subparagraph (N),
    "portable" means that subscriptions may be retained by the
    subscriber even if the subscriber relocates or changes its
    address within the same utility service territory; and
    "transferable" means that a subscriber may assign or sell
    subscriptions to another person within the same utility
    service territory.
        Electric utilities shall provide a monetary credit to a
    subscriber's subsequent bill for service for the
    proportional output of a community renewable generation
    project attributable to that subscriber as specified in
    Section 16-107.5 of the Public Utilities Act.
        The Agency shall purchase renewable energy credits
    from subscribed shares of photovoltaic community renewable
    generation projects through the Adjustable Block program
    described in subparagraph (K) of this paragraph (1) or
    through the Illinois Solar for All Program described in
    Section 1-56 of this Act. The electric utility shall
    purchase any unsubscribed energy from community renewable
    generation projects that are Qualifying Facilities ("QF")
    under the electric utility's tariff for purchasing the
    output from QFs under Public Utilities Regulatory Policies
    Act of 1978.
        The owners of and any subscribers to a community
    renewable generation project shall not be considered
    public utilities or alternative retail electricity
    suppliers under the Public Utilities Act solely as a result
    of their interest in or subscription to a community
    renewable generation project and shall not be required to
    become an alternative retail electric supplier by
    participating in a community renewable generation project
    with a public utility.
        (O) For the delivery year beginning June 1, 2018, the
    long-term renewable resources procurement plan required by
    this subsection (c) shall provide for the Agency to procure
    contracts to continue offering the Illinois Solar for All
    Program described in subsection (b) of Section 1-56 of this
    Act, and the contracts approved by the Commission shall be
    executed by the utilities that are subject to this
    subsection (c). The long-term renewable resources
    procurement plan shall allocate 5% of the funds available
    under the plan for the applicable delivery year, or
    $10,000,000 per delivery year, whichever is greater, to
    fund the programs, and the plan shall determine the amount
    of funding to be apportioned to the programs identified in
    subsection (b) of Section 1-56 of this Act; provided that
    for the delivery years beginning June 1, 2017, June 1,
    2021, and June 1, 2025, the long-term renewable resources
    procurement plan shall allocate 10% of the funds available
    under the plan for the applicable delivery year, or
    $20,000,000 per delivery year, whichever is greater, and
    $10,000,000 of such funds in such year shall be used by an
    electric utility that serves more than 3,000,000 retail
    customers in the State to implement a Commission-approved
    plan under Section 16-108.12 of the Public Utilities Act.
    In making the determinations required under this
    subparagraph (O), the Commission shall consider the
    experience and performance under the programs and any
    evaluation reports. The Commission shall also provide for
    an independent evaluation of those programs on a periodic
    basis that are funded under this subparagraph (O).
        (2) (Blank).
        (3) (Blank).
        (4) The electric utility shall retire all renewable
    energy credits used to comply with the standard.
        (5) Beginning with the 2010 delivery year and ending
    June 1, 2017, an electric utility subject to this
    subsection (c) shall apply the lesser of the maximum
    alternative compliance payment rate or the most recent
    estimated alternative compliance payment rate for its
    service territory for the corresponding compliance period,
    established pursuant to subsection (d) of Section 16-115D
    of the Public Utilities Act to its retail customers that
    take service pursuant to the electric utility's hourly
    pricing tariff or tariffs. The electric utility shall
    retain all amounts collected as a result of the application
    of the alternative compliance payment rate or rates to such
    customers, and, beginning in 2011, the utility shall
    include in the information provided under item (1) of
    subsection (d) of Section 16-111.5 of the Public Utilities
    Act the amounts collected under the alternative compliance
    payment rate or rates for the prior year ending May 31.
    Notwithstanding any limitation on the procurement of
    renewable energy resources imposed by item (2) of this
    subsection (c), the Agency shall increase its spending on
    the purchase of renewable energy resources to be procured
    by the electric utility for the next plan year by an amount
    equal to the amounts collected by the utility under the
    alternative compliance payment rate or rates in the prior
    year ending May 31.
        (6) The electric utility shall be entitled to recover
    all of its costs associated with the procurement of
    renewable energy credits under plans approved under this
    Section and Section 16-111.5 of the Public Utilities Act.
    These costs shall include associated reasonable expenses
    for implementing the procurement programs, including, but
    not limited to, the costs of administering and evaluating
    the Adjustable Block program, through an automatic
    adjustment clause tariff in accordance with subsection (k)
    of Section 16-108 of the Public Utilities Act.
        (7) Renewable energy credits procured from new
    photovoltaic projects or new distributed renewable energy
    generation devices under this Section after June 1, 2017
    (the effective date of Public Act 99-906) this amendatory
    Act of the 99th General Assembly must be procured from
    devices installed by a qualified person in compliance with
    the requirements of Section 16-128A of the Public Utilities
    Act and any rules or regulations adopted thereunder.
        In meeting the renewable energy requirements of this
    subsection (c), to the extent feasible and consistent with
    State and federal law, the renewable energy credit
    procurements, Adjustable Block solar program, and
    community renewable generation program shall provide
    employment opportunities for all segments of the
    population and workforce, including minority-owned and
    female-owned business enterprises, and shall not,
    consistent with State and federal law, discriminate based
    on race or socioeconomic status.
    (d) Clean coal portfolio standard.
        (1) The procurement plans shall include electricity
    generated using clean coal. Each utility shall enter into
    one or more sourcing agreements with the initial clean coal
    facility, as provided in paragraph (3) of this subsection
    (d), covering electricity generated by the initial clean
    coal facility representing at least 5% of each utility's
    total supply to serve the load of eligible retail customers
    in 2015 and each year thereafter, as described in paragraph
    (3) of this subsection (d), subject to the limits specified
    in paragraph (2) of this subsection (d). It is the goal of
    the State that by January 1, 2025, 25% of the electricity
    used in the State shall be generated by cost-effective
    clean coal facilities. For purposes of this subsection (d),
    "cost-effective" means that the expenditures pursuant to
    such sourcing agreements do not cause the limit stated in
    paragraph (2) of this subsection (d) to be exceeded and do
    not exceed cost-based benchmarks, which shall be developed
    to assess all expenditures pursuant to such sourcing
    agreements covering electricity generated by clean coal
    facilities, other than the initial clean coal facility, by
    the procurement administrator, in consultation with the
    Commission staff, Agency staff, and the procurement
    monitor and shall be subject to Commission review and
    approval.
        A utility party to a sourcing agreement shall
    immediately retire any emission credits that it receives in
    connection with the electricity covered by such agreement.
        Utilities shall maintain adequate records documenting
    the purchases under the sourcing agreement to comply with
    this subsection (d) and shall file an accounting with the
    load forecast that must be filed with the Agency by July 15
    of each year, in accordance with subsection (d) of Section
    16-111.5 of the Public Utilities Act.
        A utility shall be deemed to have complied with the
    clean coal portfolio standard specified in this subsection
    (d) if the utility enters into a sourcing agreement as
    required by this subsection (d).
        (2) For purposes of this subsection (d), the required
    execution of sourcing agreements with the initial clean
    coal facility for a particular year shall be measured as a
    percentage of the actual amount of electricity
    (megawatt-hours) supplied by the electric utility to
    eligible retail customers in the planning year ending
    immediately prior to the agreement's execution. For
    purposes of this subsection (d), the amount paid per
    kilowatthour means the total amount paid for electric
    service expressed on a per kilowatthour basis. For purposes
    of this subsection (d), the total amount paid for electric
    service includes without limitation amounts paid for
    supply, transmission, distribution, surcharges and add-on
    taxes.
        Notwithstanding the requirements of this subsection
    (d), the total amount paid under sourcing agreements with
    clean coal facilities pursuant to the procurement plan for
    any given year shall be reduced by an amount necessary to
    limit the annual estimated average net increase due to the
    costs of these resources included in the amounts paid by
    eligible retail customers in connection with electric
    service to:
            (A) in 2010, no more than 0.5% of the amount paid
        per kilowatthour by those customers during the year
        ending May 31, 2009;
            (B) in 2011, the greater of an additional 0.5% of
        the amount paid per kilowatthour by those customers
        during the year ending May 31, 2010 or 1% of the amount
        paid per kilowatthour by those customers during the
        year ending May 31, 2009;
            (C) in 2012, the greater of an additional 0.5% of
        the amount paid per kilowatthour by those customers
        during the year ending May 31, 2011 or 1.5% of the
        amount paid per kilowatthour by those customers during
        the year ending May 31, 2009;
            (D) in 2013, the greater of an additional 0.5% of
        the amount paid per kilowatthour by those customers
        during the year ending May 31, 2012 or 2% of the amount
        paid per kilowatthour by those customers during the
        year ending May 31, 2009; and
            (E) thereafter, the total amount paid under
        sourcing agreements with clean coal facilities
        pursuant to the procurement plan for any single year
        shall be reduced by an amount necessary to limit the
        estimated average net increase due to the cost of these
        resources included in the amounts paid by eligible
        retail customers in connection with electric service
        to no more than the greater of (i) 2.015% of the amount
        paid per kilowatthour by those customers during the
        year ending May 31, 2009 or (ii) the incremental amount
        per kilowatthour paid for these resources in 2013.
        These requirements may be altered only as provided by
        statute.
        No later than June 30, 2015, the Commission shall
    review the limitation on the total amount paid under
    sourcing agreements, if any, with clean coal facilities
    pursuant to this subsection (d) and report to the General
    Assembly its findings as to whether that limitation unduly
    constrains the amount of electricity generated by
    cost-effective clean coal facilities that is covered by
    sourcing agreements.
        (3) Initial clean coal facility. In order to promote
    development of clean coal facilities in Illinois, each
    electric utility subject to this Section shall execute a
    sourcing agreement to source electricity from a proposed
    clean coal facility in Illinois (the "initial clean coal
    facility") that will have a nameplate capacity of at least
    500 MW when commercial operation commences, that has a
    final Clean Air Act permit on June 1, 2009 (the effective
    date of Public Act 95-1027) this amendatory Act of the 95th
    General Assembly, and that will meet the definition of
    clean coal facility in Section 1-10 of this Act when
    commercial operation commences. The sourcing agreements
    with this initial clean coal facility shall be subject to
    both approval of the initial clean coal facility by the
    General Assembly and satisfaction of the requirements of
    paragraph (4) of this subsection (d) and shall be executed
    within 90 days after any such approval by the General
    Assembly. The Agency and the Commission shall have
    authority to inspect all books and records associated with
    the initial clean coal facility during the term of such a
    sourcing agreement. A utility's sourcing agreement for
    electricity produced by the initial clean coal facility
    shall include:
            (A) a formula contractual price (the "contract
        price") approved pursuant to paragraph (4) of this
        subsection (d), which shall:
                (i) be determined using a cost of service
            methodology employing either a level or deferred
            capital recovery component, based on a capital
            structure consisting of 45% equity and 55% debt,
            and a return on equity as may be approved by the
            Federal Energy Regulatory Commission, which in any
            case may not exceed the lower of 11.5% or the rate
            of return approved by the General Assembly
            pursuant to paragraph (4) of this subsection (d);
            and
                (ii) provide that all miscellaneous net
            revenue, including but not limited to net revenue
            from the sale of emission allowances, if any,
            substitute natural gas, if any, grants or other
            support provided by the State of Illinois or the
            United States Government, firm transmission
            rights, if any, by-products produced by the
            facility, energy or capacity derived from the
            facility and not covered by a sourcing agreement
            pursuant to paragraph (3) of this subsection (d) or
            item (5) of subsection (d) of Section 16-115 of the
            Public Utilities Act, whether generated from the
            synthesis gas derived from coal, from SNG, or from
            natural gas, shall be credited against the revenue
            requirement for this initial clean coal facility;
            (B) power purchase provisions, which shall:
                (i) provide that the utility party to such
            sourcing agreement shall pay the contract price
            for electricity delivered under such sourcing
            agreement;
                (ii) require delivery of electricity to the
            regional transmission organization market of the
            utility that is party to such sourcing agreement;
                (iii) require the utility party to such
            sourcing agreement to buy from the initial clean
            coal facility in each hour an amount of energy
            equal to all clean coal energy made available from
            the initial clean coal facility during such hour
            times a fraction, the numerator of which is such
            utility's retail market sales of electricity
            (expressed in kilowatthours sold) in the State
            during the prior calendar month and the
            denominator of which is the total retail market
            sales of electricity (expressed in kilowatthours
            sold) in the State by utilities during such prior
            month and the sales of electricity (expressed in
            kilowatthours sold) in the State by alternative
            retail electric suppliers during such prior month
            that are subject to the requirements of this
            subsection (d) and paragraph (5) of subsection (d)
            of Section 16-115 of the Public Utilities Act,
            provided that the amount purchased by the utility
            in any year will be limited by paragraph (2) of
            this subsection (d); and
                (iv) be considered pre-existing contracts in
            such utility's procurement plans for eligible
            retail customers;
            (C) contract for differences provisions, which
        shall:
                (i) require the utility party to such sourcing
            agreement to contract with the initial clean coal
            facility in each hour with respect to an amount of
            energy equal to all clean coal energy made
            available from the initial clean coal facility
            during such hour times a fraction, the numerator of
            which is such utility's retail market sales of
            electricity (expressed in kilowatthours sold) in
            the utility's service territory in the State
            during the prior calendar month and the
            denominator of which is the total retail market
            sales of electricity (expressed in kilowatthours
            sold) in the State by utilities during such prior
            month and the sales of electricity (expressed in
            kilowatthours sold) in the State by alternative
            retail electric suppliers during such prior month
            that are subject to the requirements of this
            subsection (d) and paragraph (5) of subsection (d)
            of Section 16-115 of the Public Utilities Act,
            provided that the amount paid by the utility in any
            year will be limited by paragraph (2) of this
            subsection (d);
                (ii) provide that the utility's payment
            obligation in respect of the quantity of
            electricity determined pursuant to the preceding
            clause (i) shall be limited to an amount equal to
            (1) the difference between the contract price
            determined pursuant to subparagraph (A) of
            paragraph (3) of this subsection (d) and the
            day-ahead price for electricity delivered to the
            regional transmission organization market of the
            utility that is party to such sourcing agreement
            (or any successor delivery point at which such
            utility's supply obligations are financially
            settled on an hourly basis) (the "reference
            price") on the day preceding the day on which the
            electricity is delivered to the initial clean coal
            facility busbar, multiplied by (2) the quantity of
            electricity determined pursuant to the preceding
            clause (i); and
                (iii) not require the utility to take physical
            delivery of the electricity produced by the
            facility;
            (D) general provisions, which shall:
                (i) specify a term of no more than 30 years,
            commencing on the commercial operation date of the
            facility;
                (ii) provide that utilities shall maintain
            adequate records documenting purchases under the
            sourcing agreements entered into to comply with
            this subsection (d) and shall file an accounting
            with the load forecast that must be filed with the
            Agency by July 15 of each year, in accordance with
            subsection (d) of Section 16-111.5 of the Public
            Utilities Act;
                (iii) provide that all costs associated with
            the initial clean coal facility will be
            periodically reported to the Federal Energy
            Regulatory Commission and to purchasers in
            accordance with applicable laws governing
            cost-based wholesale power contracts;
                (iv) permit the Illinois Power Agency to
            assume ownership of the initial clean coal
            facility, without monetary consideration and
            otherwise on reasonable terms acceptable to the
            Agency, if the Agency so requests no less than 3
            years prior to the end of the stated contract term;
                (v) require the owner of the initial clean coal
            facility to provide documentation to the
            Commission each year, starting in the facility's
            first year of commercial operation, accurately
            reporting the quantity of carbon emissions from
            the facility that have been captured and
            sequestered and report any quantities of carbon
            released from the site or sites at which carbon
            emissions were sequestered in prior years, based
            on continuous monitoring of such sites. If, in any
            year after the first year of commercial operation,
            the owner of the facility fails to demonstrate that
            the initial clean coal facility captured and
            sequestered at least 50% of the total carbon
            emissions that the facility would otherwise emit
            or that sequestration of emissions from prior
            years has failed, resulting in the release of
            carbon dioxide into the atmosphere, the owner of
            the facility must offset excess emissions. Any
            such carbon offsets must be permanent, additional,
            verifiable, real, located within the State of
            Illinois, and legally and practicably enforceable.
            The cost of such offsets for the facility that are
            not recoverable shall not exceed $15 million in any
            given year. No costs of any such purchases of
            carbon offsets may be recovered from a utility or
            its customers. All carbon offsets purchased for
            this purpose and any carbon emission credits
            associated with sequestration of carbon from the
            facility must be permanently retired. The initial
            clean coal facility shall not forfeit its
            designation as a clean coal facility if the
            facility fails to fully comply with the applicable
            carbon sequestration requirements in any given
            year, provided the requisite offsets are
            purchased. However, the Attorney General, on
            behalf of the People of the State of Illinois, may
            specifically enforce the facility's sequestration
            requirement and the other terms of this contract
            provision. Compliance with the sequestration
            requirements and offset purchase requirements
            specified in paragraph (3) of this subsection (d)
            shall be reviewed annually by an independent
            expert retained by the owner of the initial clean
            coal facility, with the advance written approval
            of the Attorney General. The Commission may, in the
            course of the review specified in item (vii),
            reduce the allowable return on equity for the
            facility if the facility willfully wilfully fails
            to comply with the carbon capture and
            sequestration requirements set forth in this item
            (v);
                (vi) include limits on, and accordingly
            provide for modification of, the amount the
            utility is required to source under the sourcing
            agreement consistent with paragraph (2) of this
            subsection (d);
                (vii) require Commission review: (1) to
            determine the justness, reasonableness, and
            prudence of the inputs to the formula referenced in
            subparagraphs (A)(i) through (A)(iii) of paragraph
            (3) of this subsection (d), prior to an adjustment
            in those inputs including, without limitation, the
            capital structure and return on equity, fuel
            costs, and other operations and maintenance costs
            and (2) to approve the costs to be passed through
            to customers under the sourcing agreement by which
            the utility satisfies its statutory obligations.
            Commission review shall occur no less than every 3
            years, regardless of whether any adjustments have
            been proposed, and shall be completed within 9
            months;
                (viii) limit the utility's obligation to such
            amount as the utility is allowed to recover through
            tariffs filed with the Commission, provided that
            neither the clean coal facility nor the utility
            waives any right to assert federal pre-emption or
            any other argument in response to a purported
            disallowance of recovery costs;
                (ix) limit the utility's or alternative retail
            electric supplier's obligation to incur any
            liability until such time as the facility is in
            commercial operation and generating power and
            energy and such power and energy is being delivered
            to the facility busbar;
                (x) provide that the owner or owners of the
            initial clean coal facility, which is the
            counterparty to such sourcing agreement, shall
            have the right from time to time to elect whether
            the obligations of the utility party thereto shall
            be governed by the power purchase provisions or the
            contract for differences provisions;
                (xi) append documentation showing that the
            formula rate and contract, insofar as they relate
            to the power purchase provisions, have been
            approved by the Federal Energy Regulatory
            Commission pursuant to Section 205 of the Federal
            Power Act;
                (xii) provide that any changes to the terms of
            the contract, insofar as such changes relate to the
            power purchase provisions, are subject to review
            under the public interest standard applied by the
            Federal Energy Regulatory Commission pursuant to
            Sections 205 and 206 of the Federal Power Act; and
                (xiii) conform with customary lender
            requirements in power purchase agreements used as
            the basis for financing non-utility generators.
        (4) Effective date of sourcing agreements with the
    initial clean coal facility.
        Any proposed sourcing agreement with the initial clean
    coal facility shall not become effective unless the
    following reports are prepared and submitted and
    authorizations and approvals obtained:
            (i) Facility cost report. The owner of the initial
        clean coal facility shall submit to the Commission, the
        Agency, and the General Assembly a front-end
        engineering and design study, a facility cost report,
        method of financing (including but not limited to
        structure and associated costs), and an operating and
        maintenance cost quote for the facility (collectively
        "facility cost report"), which shall be prepared in
        accordance with the requirements of this paragraph (4)
        of subsection (d) of this Section, and shall provide
        the Commission and the Agency access to the work
        papers, relied upon documents, and any other backup
        documentation related to the facility cost report.
            (ii) Commission report. Within 6 months following
        receipt of the facility cost report, the Commission, in
        consultation with the Agency, shall submit a report to
        the General Assembly setting forth its analysis of the
        facility cost report. Such report shall include, but
        not be limited to, a comparison of the costs associated
        with electricity generated by the initial clean coal
        facility to the costs associated with electricity
        generated by other types of generation facilities, an
        analysis of the rate impacts on residential and small
        business customers over the life of the sourcing
        agreements, and an analysis of the likelihood that the
        initial clean coal facility will commence commercial
        operation by and be delivering power to the facility's
        busbar by 2016. To assist in the preparation of its
        report, the Commission, in consultation with the
        Agency, may hire one or more experts or consultants,
        the costs of which shall be paid for by the owner of
        the initial clean coal facility. The Commission and
        Agency may begin the process of selecting such experts
        or consultants prior to receipt of the facility cost
        report.
            (iii) General Assembly approval. The proposed
        sourcing agreements shall not take effect unless,
        based on the facility cost report and the Commission's
        report, the General Assembly enacts authorizing
        legislation approving (A) the projected price, stated
        in cents per kilowatthour, to be charged for
        electricity generated by the initial clean coal
        facility, (B) the projected impact on residential and
        small business customers' bills over the life of the
        sourcing agreements, and (C) the maximum allowable
        return on equity for the project; and
            (iv) Commission review. If the General Assembly
        enacts authorizing legislation pursuant to
        subparagraph (iii) approving a sourcing agreement, the
        Commission shall, within 90 days of such enactment,
        complete a review of such sourcing agreement. During
        such time period, the Commission shall implement any
        directive of the General Assembly, resolve any
        disputes between the parties to the sourcing agreement
        concerning the terms of such agreement, approve the
        form of such agreement, and issue an order finding that
        the sourcing agreement is prudent and reasonable.
        The facility cost report shall be prepared as follows:
            (A) The facility cost report shall be prepared by
        duly licensed engineering and construction firms
        detailing the estimated capital costs payable to one or
        more contractors or suppliers for the engineering,
        procurement and construction of the components
        comprising the initial clean coal facility and the
        estimated costs of operation and maintenance of the
        facility. The facility cost report shall include:
                (i) an estimate of the capital cost of the core
            plant based on one or more front end engineering
            and design studies for the gasification island and
            related facilities. The core plant shall include
            all civil, structural, mechanical, electrical,
            control, and safety systems.
                (ii) an estimate of the capital cost of the
            balance of the plant, including any capital costs
            associated with sequestration of carbon dioxide
            emissions and all interconnects and interfaces
            required to operate the facility, such as
            transmission of electricity, construction or
            backfeed power supply, pipelines to transport
            substitute natural gas or carbon dioxide, potable
            water supply, natural gas supply, water supply,
            water discharge, landfill, access roads, and coal
            delivery.
            The quoted construction costs shall be expressed
        in nominal dollars as of the date that the quote is
        prepared and shall include capitalized financing costs
        during construction, taxes, insurance, and other
        owner's costs, and an assumed escalation in materials
        and labor beyond the date as of which the construction
        cost quote is expressed.
            (B) The front end engineering and design study for
        the gasification island and the cost study for the
        balance of plant shall include sufficient design work
        to permit quantification of major categories of
        materials, commodities and labor hours, and receipt of
        quotes from vendors of major equipment required to
        construct and operate the clean coal facility.
            (C) The facility cost report shall also include an
        operating and maintenance cost quote that will provide
        the estimated cost of delivered fuel, personnel,
        maintenance contracts, chemicals, catalysts,
        consumables, spares, and other fixed and variable
        operations and maintenance costs. The delivered fuel
        cost estimate will be provided by a recognized third
        party expert or experts in the fuel and transportation
        industries. The balance of the operating and
        maintenance cost quote, excluding delivered fuel
        costs, will be developed based on the inputs provided
        by duly licensed engineering and construction firms
        performing the construction cost quote, potential
        vendors under long-term service agreements and plant
        operating agreements, or recognized third party plant
        operator or operators.
            The operating and maintenance cost quote
        (including the cost of the front end engineering and
        design study) shall be expressed in nominal dollars as
        of the date that the quote is prepared and shall
        include taxes, insurance, and other owner's costs, and
        an assumed escalation in materials and labor beyond the
        date as of which the operating and maintenance cost
        quote is expressed.
            (D) The facility cost report shall also include an
        analysis of the initial clean coal facility's ability
        to deliver power and energy into the applicable
        regional transmission organization markets and an
        analysis of the expected capacity factor for the
        initial clean coal facility.
            (E) Amounts paid to third parties unrelated to the
        owner or owners of the initial clean coal facility to
        prepare the core plant construction cost quote,
        including the front end engineering and design study,
        and the operating and maintenance cost quote will be
        reimbursed through Coal Development Bonds.
        (5) Re-powering and retrofitting coal-fired power
    plants previously owned by Illinois utilities to qualify as
    clean coal facilities. During the 2009 procurement
    planning process and thereafter, the Agency and the
    Commission shall consider sourcing agreements covering
    electricity generated by power plants that were previously
    owned by Illinois utilities and that have been or will be
    converted into clean coal facilities, as defined by Section
    1-10 of this Act. Pursuant to such procurement planning
    process, the owners of such facilities may propose to the
    Agency sourcing agreements with utilities and alternative
    retail electric suppliers required to comply with
    subsection (d) of this Section and item (5) of subsection
    (d) of Section 16-115 of the Public Utilities Act, covering
    electricity generated by such facilities. In the case of
    sourcing agreements that are power purchase agreements,
    the contract price for electricity sales shall be
    established on a cost of service basis. In the case of
    sourcing agreements that are contracts for differences,
    the contract price from which the reference price is
    subtracted shall be established on a cost of service basis.
    The Agency and the Commission may approve any such utility
    sourcing agreements that do not exceed cost-based
    benchmarks developed by the procurement administrator, in
    consultation with the Commission staff, Agency staff and
    the procurement monitor, subject to Commission review and
    approval. The Commission shall have authority to inspect
    all books and records associated with these clean coal
    facilities during the term of any such contract.
        (6) Costs incurred under this subsection (d) or
    pursuant to a contract entered into under this subsection
    (d) shall be deemed prudently incurred and reasonable in
    amount and the electric utility shall be entitled to full
    cost recovery pursuant to the tariffs filed with the
    Commission.
    (d-5) Zero emission standard.
        (1) Beginning with the delivery year commencing on June
    1, 2017, the Agency shall, for electric utilities that
    serve at least 100,000 retail customers in this State,
    procure contracts with zero emission facilities that are
    reasonably capable of generating cost-effective zero
    emission credits in an amount approximately equal to 16% of
    the actual amount of electricity delivered by each electric
    utility to retail customers in the State during calendar
    year 2014. For an electric utility serving fewer than
    100,000 retail customers in this State that requested,
    under Section 16-111.5 of the Public Utilities Act, that
    the Agency procure power and energy for all or a portion of
    the utility's Illinois load for the delivery year
    commencing June 1, 2016, the Agency shall procure contracts
    with zero emission facilities that are reasonably capable
    of generating cost-effective zero emission credits in an
    amount approximately equal to 16% of the portion of power
    and energy to be procured by the Agency for the utility.
    The duration of the contracts procured under this
    subsection (d-5) shall be for a term of 10 years ending May
    31, 2027. The quantity of zero emission credits to be
    procured under the contracts shall be all of the zero
    emission credits generated by the zero emission facility in
    each delivery year; however, if the zero emission facility
    is owned by more than one entity, then the quantity of zero
    emission credits to be procured under the contracts shall
    be the amount of zero emission credits that are generated
    from the portion of the zero emission facility that is
    owned by the winning supplier.
        The 16% value identified in this paragraph (1) is the
    average of the percentage targets in subparagraph (B) of
    paragraph (1) of subsection (c) of Section 1-75 of this Act
    for the 5 delivery years beginning June 1, 2017.
        The procurement process shall be subject to the
    following provisions:
            (A) Those zero emission facilities that intend to
        participate in the procurement shall submit to the
        Agency the following eligibility information for each
        zero emission facility on or before the date
        established by the Agency:
                (i) the in-service date and remaining useful
            life of the zero emission facility;
                (ii) the amount of power generated annually
            for each of the years 2005 through 2015, and the
            projected zero emission credits to be generated
            over the remaining useful life of the zero emission
            facility, which shall be used to determine the
            capability of each facility;
                (iii) the annual zero emission facility cost
            projections, expressed on a per megawatthour
            basis, over the next 6 delivery years, which shall
            include the following: operation and maintenance
            expenses; fully allocated overhead costs, which
            shall be allocated using the methodology developed
            by the Institute for Nuclear Power Operations;
            fuel expenditures; non-fuel capital expenditures;
            spent fuel expenditures; a return on working
            capital; the cost of operational and market risks
            that could be avoided by ceasing operation; and any
            other costs necessary for continued operations,
            provided that "necessary" means, for purposes of
            this item (iii), that the costs could reasonably be
            avoided only by ceasing operations of the zero
            emission facility; and
                (iv) a commitment to continue operating, for
            the duration of the contract or contracts executed
            under the procurement held under this subsection
            (d-5), the zero emission facility that produces
            the zero emission credits to be procured in the
            procurement.
        The information described in item (iii) of this
    subparagraph (A) may be submitted on a confidential basis
    and shall be treated and maintained by the Agency, the
    procurement administrator, and the Commission as
    confidential and proprietary and exempt from disclosure
    under subparagraphs (a) and (g) of paragraph (1) of Section
    7 of the Freedom of Information Act. The Office of Attorney
    General shall have access to, and maintain the
    confidentiality of, such information pursuant to Section
    6.5 of the Attorney General Act.
            (B) The price for each zero emission credit
        procured under this subsection (d-5) for each delivery
        year shall be in an amount that equals the Social Cost
        of Carbon, expressed on a price per megawatthour basis.
        However, to ensure that the procurement remains
        affordable to retail customers in this State if
        electricity prices increase, the price in an
        applicable delivery year shall be reduced below the
        Social Cost of Carbon by the amount ("Price
        Adjustment") by which the market price index for the
        applicable delivery year exceeds the baseline market
        price index for the consecutive 12-month period ending
        May 31, 2016. If the Price Adjustment is greater than
        or equal to the Social Cost of Carbon in an applicable
        delivery year, then no payments shall be due in that
        delivery year. The components of this calculation are
        defined as follows:
                (i) Social Cost of Carbon: The Social Cost of
            Carbon is $16.50 per megawatthour, which is based
            on the U.S. Interagency Working Group on Social
            Cost of Carbon's price in the August 2016 Technical
            Update using a 3% discount rate, adjusted for
            inflation for each year of the program. Beginning
            with the delivery year commencing June 1, 2023, the
            price per megawatthour shall increase by $1 per
            megawatthour, and continue to increase by an
            additional $1 per megawatthour each delivery year
            thereafter.
                (ii) Baseline market price index: The baseline
            market price index for the consecutive 12-month
            period ending May 31, 2016 is $31.40 per
            megawatthour, which is based on the sum of (aa) the
            average day-ahead energy price across all hours of
            such 12-month period at the PJM Interconnection
            LLC Northern Illinois Hub, (bb) 50% multiplied by
            the Base Residual Auction, or its successor,
            capacity price for the rest of the RTO zone group
            determined by PJM Interconnection LLC, divided by
            24 hours per day, and (cc) 50% multiplied by the
            Planning Resource Auction, or its successor,
            capacity price for Zone 4 determined by the
            Midcontinent Independent System Operator, Inc.,
            divided by 24 hours per day.
                (iii) Market price index: The market price
            index for a delivery year shall be the sum of
            projected energy prices and projected capacity
            prices determined as follows:
                    (aa) Projected energy prices: the
                projected energy prices for the applicable
                delivery year shall be calculated once for the
                year using the forward market price for the PJM
                Interconnection, LLC Northern Illinois Hub.
                The forward market price shall be calculated as
                follows: the energy forward prices for each
                month of the applicable delivery year averaged
                for each trade date during the calendar year
                immediately preceding that delivery year to
                produce a single energy forward price for the
                delivery year. The forward market price
                calculation shall use data published by the
                Intercontinental Exchange, or its successor.
                    (bb) Projected capacity prices:
                        (I) For the delivery years commencing
                    June 1, 2017, June 1, 2018, and June 1,
                    2019, the projected capacity price shall
                    be equal to the sum of (1) 50% multiplied
                    by the Base Residual Auction, or its
                    successor, price for the rest of the RTO
                    zone group as determined by PJM
                    Interconnection LLC, divided by 24 hours
                    per day and, (2) 50% multiplied by the
                    resource auction price determined in the
                    resource auction administered by the
                    Midcontinent Independent System Operator,
                    Inc., in which the largest percentage of
                    load cleared for Local Resource Zone 4,
                    divided by 24 hours per day, and where such
                    price is determined by the Midcontinent
                    Independent System Operator, Inc.
                        (II) For the delivery year commencing
                    June 1, 2020, and each year thereafter, the
                    projected capacity price shall be equal to
                    the sum of (1) 50% multiplied by the Base
                    Residual Auction, or its successor, price
                    for the ComEd zone as determined by PJM
                    Interconnection LLC, divided by 24 hours
                    per day, and (2) 50% multiplied by the
                    resource auction price determined in the
                    resource auction administered by the
                    Midcontinent Independent System Operator,
                    Inc., in which the largest percentage of
                    load cleared for Local Resource Zone 4,
                    divided by 24 hours per day, and where such
                    price is determined by the Midcontinent
                    Independent System Operator, Inc.
            For purposes of this subsection (d-5):
                "Rest of the RTO" and "ComEd Zone" shall have
            the meaning ascribed to them by PJM
            Interconnection, LLC.
                "RTO" means regional transmission
            organization.
            (C) No later than 45 days after June 1, 2017 (the
        effective date of Public Act 99-906) this amendatory
        Act of the 99th General Assembly, the Agency shall
        publish its proposed zero emission standard
        procurement plan. The plan shall be consistent with the
        provisions of this paragraph (1) and shall provide that
        winning bids shall be selected based on public interest
        criteria that include, but are not limited to,
        minimizing carbon dioxide emissions that result from
        electricity consumed in Illinois and minimizing sulfur
        dioxide, nitrogen oxide, and particulate matter
        emissions that adversely affect the citizens of this
        State. In particular, the selection of winning bids
        shall take into account the incremental environmental
        benefits resulting from the procurement, such as any
        existing environmental benefits that are preserved by
        the procurements held under Public Act 99-906 this
        amendatory Act of the 99th General Assembly and would
        cease to exist if the procurements were not held,
        including the preservation of zero emission
        facilities. The plan shall also describe in detail how
        each public interest factor shall be considered and
        weighted in the bid selection process to ensure that
        the public interest criteria are applied to the
        procurement and given full effect.
            For purposes of developing the plan, the Agency
        shall consider any reports issued by a State agency,
        board, or commission under House Resolution 1146 of the
        98th General Assembly and paragraph (4) of subsection
        (d) of Section 1-75 of this Act, as well as publicly
        available analyses and studies performed by or for
        regional transmission organizations that serve the
        State and their independent market monitors.
            Upon publishing of the zero emission standard
        procurement plan, copies of the plan shall be posted
        and made publicly available on the Agency's website.
        All interested parties shall have 10 days following the
        date of posting to provide comment to the Agency on the
        plan. All comments shall be posted to the Agency's
        website. Following the end of the comment period, but
        no more than 60 days later than June 1, 2017 (the
        effective date of Public Act 99-906) this amendatory
        Act of the 99th General Assembly, the Agency shall
        revise the plan as necessary based on the comments
        received and file its zero emission standard
        procurement plan with the Commission.
            If the Commission determines that the plan will
        result in the procurement of cost-effective zero
        emission credits, then the Commission shall, after
        notice and hearing, but no later than 45 days after the
        Agency filed the plan, approve the plan or approve with
        modification. For purposes of this subsection (d-5),
        "cost effective" means the projected costs of
        procuring zero emission credits from zero emission
        facilities do not cause the limit stated in paragraph
        (2) of this subsection to be exceeded.
            (C-5) As part of the Commission's review and
        acceptance or rejection of the procurement results,
        the Commission shall, in its public notice of
        successful bidders:
                (i) identify how the winning bids satisfy the
            public interest criteria described in subparagraph
            (C) of this paragraph (1) of minimizing carbon
            dioxide emissions that result from electricity
            consumed in Illinois and minimizing sulfur
            dioxide, nitrogen oxide, and particulate matter
            emissions that adversely affect the citizens of
            this State;
                (ii) specifically address how the selection of
            winning bids takes into account the incremental
            environmental benefits resulting from the
            procurement, including any existing environmental
            benefits that are preserved by the procurements
            held under Public Act 99-906 this amendatory Act of
            the 99th General Assembly and would have ceased to
            exist if the procurements had not been held, such
            as the preservation of zero emission facilities;
                (iii) quantify the environmental benefit of
            preserving the resources identified in item (ii)
            of this subparagraph (C-5), including the
            following:
                    (aa) the value of avoided greenhouse gas
                emissions measured as the product of the zero
                emission facilities' output over the contract
                term multiplied by the U.S. Environmental
                Protection Agency eGrid subregion carbon
                dioxide emission rate and the U.S. Interagency
                Working Group on Social Cost of Carbon's price
                in the August 2016 Technical Update using a 3%
                discount rate, adjusted for inflation for each
                delivery year; and
                    (bb) the costs of replacement with other
                zero carbon dioxide resources, including wind
                and photovoltaic, based upon the simple
                average of the following:
                        (I) the price, or if there is more than
                    one price, the average of the prices, paid
                    for renewable energy credits from new
                    utility-scale wind projects in the
                    procurement events specified in item (i)
                    of subparagraph (G) of paragraph (1) of
                    subsection (c) of Section 1-75 of this Act;
                    and
                        (II) the price, or if there is more
                    than one price, the average of the prices,
                    paid for renewable energy credits from new
                    utility-scale solar projects and
                    brownfield site photovoltaic projects in
                    the procurement events specified in item
                    (ii) of subparagraph (G) of paragraph (1)
                    of subsection (c) of Section 1-75 of this
                    Act and, after January 1, 2015, renewable
                    energy credits from photovoltaic
                    distributed generation projects in
                    procurement events held under subsection
                    (c) of Section 1-75 of this Act.
            Each utility shall enter into binding contractual
        arrangements with the winning suppliers.
            The procurement described in this subsection
        (d-5), including, but not limited to, the execution of
        all contracts procured, shall be completed no later
        than May 10, 2017. Based on the effective date of
        Public Act 99-906 this amendatory Act of the 99th
        General Assembly, the Agency and Commission may, as
        appropriate, modify the various dates and timelines
        under this subparagraph and subparagraphs (C) and (D)
        of this paragraph (1). The procurement and plan
        approval processes required by this subsection (d-5)
        shall be conducted in conjunction with the procurement
        and plan approval processes required by subsection (c)
        of this Section and Section 16-111.5 of the Public
        Utilities Act, to the extent practicable.
        Notwithstanding whether a procurement event is
        conducted under Section 16-111.5 of the Public
        Utilities Act, the Agency shall immediately initiate a
        procurement process on June 1, 2017 (the effective date
        of Public Act 99-906) this amendatory Act of the 99th
        General Assembly.
            (D) Following the procurement event described in
        this paragraph (1) and consistent with subparagraph
        (B) of this paragraph (1), the Agency shall calculate
        the payments to be made under each contract for the
        next delivery year based on the market price index for
        that delivery year. The Agency shall publish the
        payment calculations no later than May 25, 2017 and
        every May 25 thereafter.
            (E) Notwithstanding the requirements of this
        subsection (d-5), the contracts executed under this
        subsection (d-5) shall provide that the zero emission
        facility may, as applicable, suspend or terminate
        performance under the contracts in the following
        instances:
                (i) A zero emission facility shall be excused
            from its performance under the contract for any
            cause beyond the control of the resource,
            including, but not restricted to, acts of God,
            flood, drought, earthquake, storm, fire,
            lightning, epidemic, war, riot, civil disturbance
            or disobedience, labor dispute, labor or material
            shortage, sabotage, acts of public enemy,
            explosions, orders, regulations or restrictions
            imposed by governmental, military, or lawfully
            established civilian authorities, which, in any of
            the foregoing cases, by exercise of commercially
            reasonable efforts the zero emission facility
            could not reasonably have been expected to avoid,
            and which, by the exercise of commercially
            reasonable efforts, it has been unable to
            overcome. In such event, the zero emission
            facility shall be excused from performance for the
            duration of the event, including, but not limited
            to, delivery of zero emission credits, and no
            payment shall be due to the zero emission facility
            during the duration of the event.
                (ii) A zero emission facility shall be
            permitted to terminate the contract if legislation
            is enacted into law by the General Assembly that
            imposes or authorizes a new tax, special
            assessment, or fee on the generation of
            electricity, the ownership or leasehold of a
            generating unit, or the privilege or occupation of
            such generation, ownership, or leasehold of
            generation units by a zero emission facility.
            However, the provisions of this item (ii) do not
            apply to any generally applicable tax, special
            assessment or fee, or requirements imposed by
            federal law.
                (iii) A zero emission facility shall be
            permitted to terminate the contract in the event
            that the resource requires capital expenditures in
            excess of $40,000,000 that were neither known nor
            reasonably foreseeable at the time it executed the
            contract and that a prudent owner or operator of
            such resource would not undertake.
                (iv) A zero emission facility shall be
            permitted to terminate the contract in the event
            the Nuclear Regulatory Commission terminates the
            resource's license.
            (F) If the zero emission facility elects to
        terminate a contract under this subparagraph (E, of
        this paragraph (1), then the Commission shall reopen
        the docket in which the Commission approved the zero
        emission standard procurement plan under subparagraph
        (C) of this paragraph (1) and, after notice and
        hearing, enter an order acknowledging the contract
        termination election if such termination is consistent
        with the provisions of this subsection (d-5).
        (2) For purposes of this subsection (d-5), the amount
    paid per kilowatthour means the total amount paid for
    electric service expressed on a per kilowatthour basis. For
    purposes of this subsection (d-5), the total amount paid
    for electric service includes, without limitation, amounts
    paid for supply, transmission, distribution, surcharges,
    and add-on taxes.
        Notwithstanding the requirements of this subsection
    (d-5), the contracts executed under this subsection (d-5)
    shall provide that the total of zero emission credits
    procured under a procurement plan shall be subject to the
    limitations of this paragraph (2). For each delivery year,
    the contractual volume receiving payments in such year
    shall be reduced for all retail customers based on the
    amount necessary to limit the net increase that delivery
    year to the costs of those credits included in the amounts
    paid by eligible retail customers in connection with
    electric service to no more than 1.65% of the amount paid
    per kilowatthour by eligible retail customers during the
    year ending May 31, 2009. The result of this computation
    shall apply to and reduce the procurement for all retail
    customers, and all those customers shall pay the same
    single, uniform cents per kilowatthour charge under
    subsection (k) of Section 16-108 of the Public Utilities
    Act. To arrive at a maximum dollar amount of zero emission
    credits to be paid for the particular delivery year, the
    resulting per kilowatthour amount shall be applied to the
    actual amount of kilowatthours of electricity delivered by
    the electric utility in the delivery year immediately prior
    to the procurement, to all retail customers in its service
    territory. Unpaid contractual volume for any delivery year
    shall be paid in any subsequent delivery year in which such
    payments can be made without exceeding the amount specified
    in this paragraph (2). The calculations required by this
    paragraph (2) shall be made only once for each procurement
    plan year. Once the determination as to the amount of zero
    emission credits to be paid is made based on the
    calculations set forth in this paragraph (2), no subsequent
    rate impact determinations shall be made and no adjustments
    to those contract amounts shall be allowed. All costs
    incurred under those contracts and in implementing this
    subsection (d-5) shall be recovered by the electric utility
    as provided in this Section.
        No later than June 30, 2019, the Commission shall
    review the limitation on the amount of zero emission
    credits procured under this subsection (d-5) and report to
    the General Assembly its findings as to whether that
    limitation unduly constrains the procurement of
    cost-effective zero emission credits.
        (3) Six years after the execution of a contract under
    this subsection (d-5), the Agency shall determine whether
    the actual zero emission credit payments received by the
    supplier over the 6-year period exceed the Average ZEC
    Payment. In addition, at the end of the term of a contract
    executed under this subsection (d-5), or at the time, if
    any, a zero emission facility's contract is terminated
    under subparagraph (E) of paragraph (1) of this subsection
    (d-5), then the Agency shall determine whether the actual
    zero emission credit payments received by the supplier over
    the term of the contract exceed the Average ZEC Payment,
    after taking into account any amounts previously credited
    back to the utility under this paragraph (3). If the Agency
    determines that the actual zero emission credit payments
    received by the supplier over the relevant period exceed
    the Average ZEC Payment, then the supplier shall credit the
    difference back to the utility. The amount of the credit
    shall be remitted to the applicable electric utility no
    later than 120 days after the Agency's determination, which
    the utility shall reflect as a credit on its retail
    customer bills as soon as practicable; however, the credit
    remitted to the utility shall not exceed the total amount
    of payments received by the facility under its contract.
        For purposes of this Section, the Average ZEC Payment
    shall be calculated by multiplying the quantity of zero
    emission credits delivered under the contract times the
    average contract price. The average contract price shall be
    determined by subtracting the amount calculated under
    subparagraph (B) of this paragraph (3) from the amount
    calculated under subparagraph (A) of this paragraph (3), as
    follows:
            (A) The average of the Social Cost of Carbon, as
        defined in subparagraph (B) of paragraph (1) of this
        subsection (d-5), during the term of the contract.
            (B) The average of the market price indices, as
        defined in subparagraph (B) of paragraph (1) of this
        subsection (d-5), during the term of the contract,
        minus the baseline market price index, as defined in
        subparagraph (B) of paragraph (1) of this subsection
        (d-5).
    If the subtraction yields a negative number, then the
Average ZEC Payment shall be zero.
        (4) Cost-effective zero emission credits procured from
    zero emission facilities shall satisfy the applicable
    definitions set forth in Section 1-10 of this Act.
        (5) The electric utility shall retire all zero emission
    credits used to comply with the requirements of this
    subsection (d-5).
        (6) Electric utilities shall be entitled to recover all
    of the costs associated with the procurement of zero
    emission credits through an automatic adjustment clause
    tariff in accordance with subsection (k) and (m) of Section
    16-108 of the Public Utilities Act, and the contracts
    executed under this subsection (d-5) shall provide that the
    utilities' payment obligations under such contracts shall
    be reduced if an adjustment is required under subsection
    (m) of Section 16-108 of the Public Utilities Act.
        (7) This subsection (d-5) shall become inoperative on
    January 1, 2028.
    (e) The draft procurement plans are subject to public
comment, as required by Section 16-111.5 of the Public
Utilities Act.
    (f) The Agency shall submit the final procurement plan to
the Commission. The Agency shall revise a procurement plan if
the Commission determines that it does not meet the standards
set forth in Section 16-111.5 of the Public Utilities Act.
    (g) The Agency shall assess fees to each affected utility
to recover the costs incurred in preparation of the annual
procurement plan for the utility.
    (h) The Agency shall assess fees to each bidder to recover
the costs incurred in connection with a competitive procurement
process.
    (i) A renewable energy credit, carbon emission credit, or
zero emission credit can only be used once to comply with a
single portfolio or other standard as set forth in subsection
(c), subsection (d), or subsection (d-5) of this Section,
respectively. A renewable energy credit, carbon emission
credit, or zero emission credit cannot be used to satisfy the
requirements of more than one standard. If more than one type
of credit is issued for the same megawatt hour of energy, only
one credit can be used to satisfy the requirements of a single
standard. After such use, the credit must be retired together
with any other credits issued for the same megawatt hour of
energy.
(Source: P.A. 98-463, eff. 8-16-13; 99-536, eff. 7-8-16;
99-906, eff. 6-1-17; revised 1-22-18.)
 
    Section 130. The Illinois African-American Family
Commission Act is amended by changing Section 15 as follows:
 
    (20 ILCS 3903/15)
    Sec. 15. Purpose and objectives. (a) The purpose of the
Illinois African-American Family Commission is to advise the
Governor and General Assembly, as well as work directly with
State agencies, to improve and expand existing policies,
services, programs, and opportunities for African-American
families. The Illinois African-American Family Commission
shall guide the efforts of and collaborate with State agencies,
including: the Department on Aging, the Department of Children
and Family Services, the Department of Commerce and Economic
Opportunity, the Department of Corrections, the Department of
Human Services, the Department of Healthcare and Family
Services, the Department of Public Health, the Department of
Transportation, the Department of Employment Security, and
others. This shall be achieved primarily by:
        (1) monitoring and commenting on existing and proposed
    legislation and programs designed to address the needs of
    African-Americans in Illinois;
        (2) assisting State agencies in developing programs,
    services, public policies, and research strategies that
    will expand and enhance the social and economic well-being
    of African-American children and families;
        (3) facilitating the participation of and
    representation of African-Americans in the development,
    implementation, and planning of policies, programs, and
    services; and
        (4) promoting research efforts to document the impact
    of policies and programs on African-American families.
    The work of the Illinois African-American Family
Commission shall include the use of existing reports, research
and planning efforts, procedures, and programs.
(Source: P.A. 98-693, eff. 1-1-15; revised 9-22-17.)
 
    Section 140. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.875,
5.878, and 6z-102 and by amending Sections 8.3, 8.12, 8g, and
13.2 as follows:
 
    (30 ILCS 105/5.875)
    Sec. 5.875. The Roadside Monarch Habitat Fund.
(Source: P.A. 99-723, eff. 8-5-16; 100-201, eff. 8-18-17.)
 
    (30 ILCS 105/5.877)
    Sec. 5.877 5.875. The Horsemen's Council of Illinois Fund.
(Source: P.A. 100-78, eff. 1-1-18; revised 10-11-17.)
 
    (30 ILCS 105/5.878)
    Sec. 5.878. The Healthy Local Food Incentives Fund.
(Source: P.A. 99-928, eff. 1-20-17.)
 
    (30 ILCS 105/5.879)
    Sec. 5.879 5.878. The Income Tax Bond Fund.
(Source: P.A. 100-23, eff. 7-6-17; revised 10-11-17.)
 
    (30 ILCS 105/5.880)
    Sec. 5.880 5.878. The Prostate Cancer Awareness Fund.
(Source: P.A. 100-60, eff. 1-1-18; revised 10-11-17.)
 
    (30 ILCS 105/5.881)
    Sec. 5.881 5.878. The Thriving Youth Income Tax Checkoff
Fund.
(Source: P.A. 100-329, eff. 8-24-17; revised 10-11-17.)
 
    (30 ILCS 105/5.882)
    Sec. 5.882 5.878. The Police Training Academy Job Training
Program and Scholarship Fund.
(Source: P.A. 100-331, eff. 1-1-18; revised 10-11-17.)
 
    (30 ILCS 105/5.883)
    Sec. 5.883 5.878. The BHE Data and Research Cost Recovery
Fund.
(Source: P.A. 100-417, eff. 8-25-17; revised 10-11-17.)
 
    (30 ILCS 105/5.884)
    Sec. 5.884 5.878. The Rental Purchase Agreement Tax Refund
Fund.
(Source: P.A. 100-437, eff. 1-1-18; revised 10-11-17.)
 
    (30 ILCS 105/6z-102)
    Sec. 6z-102. Thriving Youth Income Tax Checkoff Fund;
creation. The Thriving Youth Income Tax Checkoff Fund is
created as a special fund in the State treasury. Moneys in the
Fund shall be used by the Department of Human Services for the
purpose of making grants to providers delivering non-Medicaid
services for community-based youth programs in the State.
(Source: P.A. 100-329, eff. 8-24-17.)
 
    (30 ILCS 105/6z-103)
    Sec. 6z-103 6z-102. The Police Training Academy Job
Training Program and Scholarship Fund.
    (a) A Police Training Academy Job Training Program and
Scholarship Fund is created as a special fund in the State
treasury and shall be used to support program and scholarship
activities of the police training academy job training and
scholarship programs established under Section 22-83 of the
School Code and Section 65.95 of the Higher Education Student
Assistance Act. Moneys from fees, gifts, grants, and donations
received by the State Board of Education and Illinois Student
Assistance Commission for purposes of supporting these
programs and scholarships shall be deposited into the Police
Training Academy Job Training Program and Scholarship Fund.
    (b) The State Board of Education; the Illinois Student
Assistance Commission; and participating counties, school
districts, and law enforcement partners may seek federal,
State, and private funds to support the police training academy
job training and scholarship programs established under
Section 22-83 of the School Code and Section 65.95 of the
Higher Education Student Assistance Act.
(Source: P.A. 100-331, eff. 1-1-18; revised 10-21-17.)
 
    (30 ILCS 105/6z-104)
    Sec. 6z-104 6z-102. The Rental Purchase Agreement Tax
Refund Fund.
    (a) The Rental Purchase Agreement Tax Refund Fund is hereby
created as a special fund in the State treasury. Moneys in the
Fund shall be used by the Department of Revenue to pay refunds
of Rental Purchase Agreement Tax in the manner provided in
Section 6 of the Retailers' Occupation Tax Act and Section 19
of the Use Tax Act, as incorporated into Sections 10 and 15 of
the Rental Purchase Agreement Tax Act.
    (b) Moneys in the Rental Purchase Agreement Tax Refund Fund
shall be expended exclusively for the purpose of paying refunds
pursuant to this Section.
    (c) The Director of Revenue shall order payment of refunds
under this Section from the Rental Purchase Agreement Tax
Refund Fund only to the extent that amounts collected pursuant
to Sections 10 and 15 of the Rental Purchase Agreement
Occupation and Use Tax Act have been deposited and retained in
the Fund.
    As soon as possible after the end of each fiscal year, the
Director of Revenue shall order transferred, and the State
Treasurer and State Comptroller shall transfer from the Rental
Purchase Agreement Tax Refund Fund to the General Revenue Fund,
any surplus remaining as of the end of such fiscal year.
    This Section shall constitute an irrevocable and
continuing appropriation from the Rental Purchase Agreement
Tax Refund Fund for the purpose of paying refunds in accordance
with the provisions of this Section.
(Source: P.A. 100-437, eff. 1-1-18; revised 10-21-17.)
 
    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
    Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
        first -- to pay the cost of administration of Chapters
    2 through 10 of the Illinois Vehicle Code, except the cost
    of administration of Articles I and II of Chapter 3 of that
    Code; and
        secondly -- for expenses of the Department of
    Transportation for construction, reconstruction,
    improvement, repair, maintenance, operation, and
    administration of highways in accordance with the
    provisions of laws relating thereto, or for any purpose
    related or incident to and connected therewith, including
    the separation of grades of those highways with railroads
    and with highways and including the payment of awards made
    by the Illinois Workers' Compensation Commission under the
    terms of the Workers' Compensation Act or Workers'
    Occupational Diseases Act for injury or death of an
    employee of the Division of Highways in the Department of
    Transportation; or for the acquisition of land and the
    erection of buildings for highway purposes, including the
    acquisition of highway right-of-way or for investigations
    to determine the reasonably anticipated future highway
    needs; or for making of surveys, plans, specifications and
    estimates for and in the construction and maintenance of
    flight strips and of highways necessary to provide access
    to military and naval reservations, to defense industries
    and defense-industry sites, and to the sources of raw
    materials and for replacing existing highways and highway
    connections shut off from general public use at military
    and naval reservations and defense-industry sites, or for
    the purchase of right-of-way, except that the State shall
    be reimbursed in full for any expense incurred in building
    the flight strips; or for the operating and maintaining of
    highway garages; or for patrolling and policing the public
    highways and conserving the peace; or for the operating
    expenses of the Department relating to the administration
    of public transportation programs; or, during fiscal year
    2012 only, for the purposes of a grant not to exceed
    $8,500,000 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or, during fiscal year 2013 only, for the
    purposes of a grant not to exceed $3,825,000 to the
    Regional Transportation Authority on behalf of PACE for the
    purpose of ADA/Para-transit expenses; or, during fiscal
    year 2014 only, for the purposes of a grant not to exceed
    $3,825,000 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or, during fiscal year 2015 only, for the
    purposes of a grant not to exceed $3,825,000 to the
    Regional Transportation Authority on behalf of PACE for the
    purpose of ADA/Para-transit expenses; or, during fiscal
    year 2016 only, for the purposes of a grant not to exceed
    $3,825,000 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or, during fiscal year 2017 only, for the
    purposes of a grant not to exceed $3,825,000 to the
    Regional Transportation Authority on behalf of PACE for the
    purpose of ADA/Para-transit expenses; or for any of those
    purposes or any other purpose that may be provided by law.
    Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
    Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: ;
        1. Department of Public Health;
        2. Department of Transportation, only with respect to
    subsidies for one-half fare Student Transportation and
    Reduced Fare for Elderly, except during fiscal year 2012
    only when no more than $40,000,000 may be expended and
    except during fiscal year 2013 only when no more than
    $17,570,300 may be expended and except during fiscal year
    2014 only when no more than $17,570,000 may be expended and
    except during fiscal year 2015 only when no more than
    $17,570,000 may be expended and except during fiscal year
    2016 only when no more than $17,570,000 may be expended and
    except during fiscal year 2017 only when no more than
    $17,570,000 may be expended;
        3. Department of Central Management Services, except
    for expenditures incurred for group insurance premiums of
    appropriate personnel;
        4. Judicial Systems and Agencies.
    Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Department of State Police, except for expenditures
    with respect to the Division of Operations;
        2. Department of Transportation, only with respect to
    Intercity Rail Subsidies, except during fiscal year 2012
    only when no more than $40,000,000 may be expended and
    except during fiscal year 2013 only when no more than
    $26,000,000 may be expended and except during fiscal year
    2014 only when no more than $38,000,000 may be expended and
    except during fiscal year 2015 only when no more than
    $42,000,000 may be expended and except during fiscal year
    2016 only when no more than $38,300,000 may be expended and
    except during fiscal year 2017 only when no more than
    $50,000,000 may be expended and except during fiscal year
    2018 only when no more than $52,000,000 may be expended,
    and Rail Freight Services.
    Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
    Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Department of State Police, except not more than 40%
    of the funds appropriated for the Division of Operations;
        2. State Officers.
    Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road Fund
monies that are eligible for federal reimbursement. It shall
not be lawful to circumvent the above appropriation limitations
by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
    Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction of
permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
        first -- to pay the cost of administration of Chapters
    2 through 10 of the Illinois Vehicle Code; and
        secondly -- no Road Fund monies derived from fees,
    excises, or license taxes relating to registration,
    operation and use of vehicles on public highways or to
    fuels used for the propulsion of those vehicles, shall be
    appropriated or expended other than for costs of
    administering the laws imposing those fees, excises, and
    license taxes, statutory refunds and adjustments allowed
    thereunder, administrative costs of the Department of
    Transportation, including, but not limited to, the
    operating expenses of the Department relating to the
    administration of public transportation programs, payment
    of debts and liabilities incurred in construction and
    reconstruction of public highways and bridges, acquisition
    of rights-of-way for and the cost of construction,
    reconstruction, maintenance, repair, and operation of
    public highways and bridges under the direction and
    supervision of the State, political subdivision, or
    municipality collecting those monies, or during fiscal
    year 2012 only for the purposes of a grant not to exceed
    $8,500,000 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses, or during fiscal year 2013 only for the purposes
    of a grant not to exceed $3,825,000 to the Regional
    Transportation Authority on behalf of PACE for the purpose
    of ADA/Para-transit expenses, or during fiscal year 2014
    only for the purposes of a grant not to exceed $3,825,000
    to the Regional Transportation Authority on behalf of PACE
    for the purpose of ADA/Para-transit expenses, or during
    fiscal year 2015 only for the purposes of a grant not to
    exceed $3,825,000 to the Regional Transportation Authority