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Public Act 100-0863 |
HB5447 Enrolled | LRB100 16294 AMC 31417 b |
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AN ACT to revise the law by combining multiple enactments |
and making technical corrections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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 In certain cases in which a repealed Act or Section |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incorporate amendments to the repealed Act or Section into the |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 |
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include other versions of the Section to be found in Public |
Acts not included in the list of sources. The list of sources |
is not a part of the text of the Section. |
(d) Public Acts 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 Acts repealed on January 1, 2020.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Acts are repealed on January 1, 2020: |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. |
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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.
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(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.
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(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
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(2) the assessment of emergency response capabilities |
|
related to hazardous
chemical
emergencies.
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(f) The Illinois Emergency Management Agency shall:
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(1) Coordinate the overall emergency management |
program of the State.
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(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.
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(2.6) Coordinate with the Department of Public Health
|
with respect to planning for and responding to public |
health emergencies.
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(3) Prepare, for issuance by the Governor, executive |
orders,
proclamations, and regulations as necessary or |
appropriate in coping with
disasters.
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(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.
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(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.
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(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.
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(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 |
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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 |
|