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Illinois General Assembly· HB 862Governor Approved

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HB0862 Enrolled                       LRB104 04759 SPS 14786 b

1   AN ACT concerning State government.

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

3 represented in the General Assembly:

4                             Article 5.

5   Section 5-5. The Election Code is amended by changing

6 Section 12A-10 as follows:

7   (10 ILCS 5/12A-10)

8   Sec. 12A-10. Candidate statements and photographs in the

9 Internet Guide.

10  (a) Any candidate whose name appears in the Internet Guide

11 may submit a written statement and a photograph to appear in

12 the Internet Guide, provided that:

13  (1) No personal statement may exceed a brief biography

14  (name, age, education, and current employment) and an

15  additional 400 words.

16  (2) Personal statements may include contact

17  information for the candidate, including the address and

18  phone number of the campaign headquarters, and the

19  candidate's website.

20  (3) Personal statements may not mention a candidate's

21  opponents by name.

22  (4) No personal statement may include language that
    HB0862 Enrolled        -2-       LRB104 04759 SPS 14786 b

1   may not be legally sent through the mail.

2   (5) The photograph shall be a conventional photograph

3   with a plain background and show only the face, or the

4   head, neck, and shoulders, of the candidate.

5   (6) The photograph shall not (i) show the candidate's

6   hands, anything in the candidate's hands, or the candidate

7   wearing a judicial robe, a hat, or a military, police, or

8   fraternal uniform or (ii) include the uniform or insignia

9   of any organization.

10  (b) The Board must note in the text of the Internet Guide

11 that personal statements were submitted by the candidate or

12 his or her designee and were not edited by the Board.

13  (c) Where a candidate declines to submit a statement, the

14 Board may note that the candidate declined to submit a

15 statement.

16  (d) (Blank). (Blank.)

17  (e) Anyone other than the candidate submitting a statement

18 or photograph from a candidate must attest that he or she is

19 doing so on behalf and at the direction of the candidate. The

20 Board may assess a civil fine of no more than $1,000 against a

21 person or entity who falsely submits a statement or photograph

22 not authorized by the candidate.

23  (f) Nothing in this Article makes the author of any

24 statement exempt from any civil or criminal action because of

25 any defamatory statements offered for posting or contained in

26 the Internet Guide. The persons writing, signing, or offering
    HB0862 Enrolled   -3-               LRB104 04759 SPS 14786 b

1 a statement for inclusion in the Internet Guide are deemed to

2 be its authors and publishers, and the Board shall not be

3 liable in any case or action relating to the content of any

4 material submitted by any candidate.

5   (g) The Board may set reasonable deadlines for the

6 submission of personal statements and photographs.

7   (h) The Board may set formats for the submission of

8 statements and photographs. The Board may require that

9 statements and photographs are submitted in an electronic

10 format.

11  (i) Fines collected pursuant to subsection (e) of this

12 Section shall be deposited into the Elections Special Projects

13 Fund Voters' Guide Fund, a special fund created in the State

14 treasury. Moneys in the Voters' Guide Fund shall be

15 appropriated solely to the State Board of Elections for use in

16 the implementation and administration of this Article 12A.

17 (Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)

18  Section 5-10. The Accessible Electronic Information Act is

19 amended by changing Sections 15 and 20 as follows:

20  (15 ILCS 323/15)

21  Sec. 15. Accessible electronic information service

22 program. The Director by rule shall develop and implement a

23 program of grants to qualified entities for the provision of

24 accessible electronic information service to blind persons and
    HB0862 Enrolled   -4-  LRB104 04759 SPS 14786 b

1 persons with disabilities throughout Illinois. The grants
2 shall be funded through appropriations from the Accessible
3 Electronic Information Service Fund established in Section 20.
4 (Source: P.A. 99-143, eff. 7-27-15.)

5   (15 ILCS 323/20)

6   Sec. 20. Accessible Electronic Information Service Fund.

7   (a) Before July 1 of each year through 2025, the Illinois

8 Commerce Commission, in consultation with the Director, shall

9 determine the amount of funding necessary to support the

10 program described in Section 15 during the next fiscal year

11 and shall certify that amount to the State Treasurer.

12  (b) Each month, the State Treasurer shall transfer 1/12th

13 of the amount determined under subsection (a) from the Digital

14 Divide Elimination Infrastructure Fund into the Accessible

15 Electronic Information Service Fund, a special fund created in

16 the State treasury that may be appropriated only for the

17 purposes of this Act. If moneys in the Digital Divide

18 Elimination Infrastructure Fund are insufficient to meet the

19 transfer requirements of this subsection, the Illinois

20 Commerce Commission shall direct the Illinois

21 Telecommunications Access Corporation, or its successor, to

22 remit the amount of any insufficiency to the Director for

23 deposit into the Accessible Electronic Information Service

24 Fund from surcharges collected by the Corporation, or its

25 successor, under Section 13-703 of the Public Utilities Act.
    HB0862 Enrolled          -5-         LRB104 04759 SPS 14786 b

1   (c) On July 1, 2026 or as soon thereafter as practical, the

2 State Comptroller shall direct and the State Treasurer shall

3 transfer the remaining balance from the Accessible Electronic

4 Information Service Fund into the General Revenue Fund. Upon

5 completion of the transfer, the Accessible Electronic

6 Information Service Fund is dissolved, and any future deposits

7 due to that Fund and any outstanding obligations or

8 liabilities of that Fund pass to the General Revenue Fund.

9 This Section is repealed on January 1, 2027.

10 (Source: P.A. 93-797, eff. 7-22-04.)

11  Section 5-15. The State Fair Act is amended by adding

12 Section 10.5 as follows:

13  (20 ILCS 210/10.5 new)

14  Sec. 10.5. Transfer of moneys into the Illinois State Fair

15 Fund. Notwithstanding any other provision of law, on July 1,

16 2026 or as soon thereafter as practical, the State Comptroller

17 shall direct and the State Treasurer shall transfer the

18 remaining balance from the State Fair Promotional Activities

19 Fund and the Watershed Park Fund into the Illinois State Fair

20 Fund. Upon completion of the transfers, the State Fair

21 Promotional Activities Fund and the Watershed Park Fund are

22 dissolved, and any future deposits due to those funds and any

23 outstanding obligations or liabilities of those funds shall

24 pass to the Illinois State Fair Fund. This Section is repealed
         HB0862 Enrolled  -6-    LRB104 04759 SPS 14786 b
1 on January 1, 2027.

2   (20 ILCS 605/605-1085 rep.)

3   Section 5-20. The Department of Commerce and Economic

4 Opportunity Law of the Civil Administrative Code of Illinois

5 is amended by repealing Section 605-1085.

6   Section 5-25. The Department of Natural Resources

7 (Conservation) Law of the Civil Administrative Code of

8 Illinois is amended by changing Section 805-420 as follows:

9   (20 ILCS 805/805-420) (was 20 ILCS 805/63a36)

10  Sec. 805-420. Appropriations from Park and Conservation

11 Fund. The Department has the power to expend moneys monies

12 appropriated to the Department from the Park and Conservation

13 Fund in the State treasury for conservation and park purposes.

14  All Eighty percent of the revenue derived from fees paid

15 for certificates of title, duplicate certificates of title and

16 corrected certificates of title and deposited into in the Park

17 and Conservation Fund, as provided for in Section 2-119 of the

18 Illinois Vehicle Code, shall be expended solely by the

19 Department pursuant to an appropriation for acquisition,

20 development, and maintenance of bike paths, including grants

21 for the acquisition and development of bike paths. All and 20%

22 of the revenue derived from fees paid for certificates of

23 title, duplicate certificates of title and corrected
    HB0862 Enrolled     -7-                LRB104 04759 SPS 14786 b

1 certificates of title and shall be deposited into the Illinois

2 Fisheries Management Fund, a special fund created in the State

3 treasury, as provided for in Section 2-119 of the Illinois

4 Vehicle Code, shall Treasury to be used for the operation of

5 the Division of Fisheries within the Department.

6   Revenue derived from fees paid for the registration of

7 motor vehicles of the first division and deposited into in the

8 Park and Conservation Fund, as provided for in Section 3-806

9 of the Illinois Vehicle Code, shall be expended by the

10 Department for the following purposes:

11  (A) Fifty percent of funds derived from the vehicle

12  registration fee shall be used by the Department for

13  normal operations.

14  (B) Fifty percent of funds derived from the vehicle

15  registration fee shall be used by the Department for

16  construction and maintenance of State owned, leased, and

17  managed sites.

18  The moneys monies deposited into the Park and Conservation

19 Fund and the Illinois Fisheries Management Fund under this

20 Section shall not be subject to administrative charges or

21 chargebacks unless otherwise authorized by this Act.

22 (Source: P.A. 97-1136, eff. 1-1-13.)

23  Section 5-30. The Department of Human Services Act is

24 amended by changing Section 10-50 as follows:
   HB0862 Enrolled       -8-  LRB104 04759 SPS 14786 b

1  (20 ILCS 1305/10-50)

2  Sec. 10-50. Illinois Steps for Attaining Higher Education

3 through Academic Development Program established. The Illinois

4 Steps for Attaining Higher Education through Academic

5 Development ("Illinois Steps AHEAD") program is established in

6 the Illinois Department of Human Services. Illinois Steps

7 AHEAD shall provide educational services and post-secondary

8 educational scholarships for low-income middle and high school

9 students. Program components shall include increased parent

10 involvement, creative and engaging academic support for

11 students, career exploration programs, college preparation,

12 and increased collaboration with local schools. The Illinois

13 Department of Human Services shall administer the program. The

14 Department shall implement the program only if federal funding

15 is made available for that purpose. All moneys received

16 pursuant to the federal Gaining Early Awareness and Readiness

17 for Undergraduate Programs shall be deposited into the Gaining

18 Early Awareness and Readiness for Undergraduate Programs Fund,

19 a special fund hereby created in the State treasury. Moneys in

20 this fund shall be appropriated to the Department of Human

21 Services and expended for the purposes and activities

22 specified by the federal agency making the grant. All interest

23 earnings on amounts in the Gaining Early Awareness and

24 Readiness for Undergraduate Programs Fund shall accrue to the

25 Gaining Early Awareness and Readiness for Undergraduate

26 Programs Fund and be used in accordance with 34 CFR C.F.R.
    HB0862 Enrolled         -9-  LRB104 04759 SPS 14786 b

 1 75.703. Notwithstanding any other provision of law, on July 1,
 2 2026 or as soon thereafter as practical, the State Comptroller
 3 shall direct and the State Treasurer shall transfer the
 4 remaining balance from the Gaining Early Awareness and
 5 Readiness for Undergraduate Programs Fund into the General
 6 Revenue Fund. Upon completion of the transfers, the Gaining
 7 Early Awareness and Readiness for Undergraduate Programs Fund
 8 is dissolved, and any future deposits due to that Fund and any
 9 outstanding obligations or liabilities of that Fund shall pass
10 to the General Revenue Fund. This Section is repealed on
11 January 1, 2027.
12 (Source: P.A. 94-1043, eff. 7-24-06.)

13  Section 5-35. The Domestic Violence Shelters Act is

14 amended by adding Section 3.5 as follows:

15  (20 ILCS 1310/3.5 new)

16  Sec. 3.5. Domestic Violence Shelter and Service Fund.

17 There is created in the State treasury a special fund known as

18 the Domestic Violence Shelter and Service Fund. The State

19 Treasurer shall deposit into the Domestic Violence Shelter and

20 Service Fund each assessment received under the Criminal and

21 Traffic Assessment Act. Moneys deposited into the Fund shall

22 be appropriated to the Department of Human Services for the

23 purpose of providing services specified by this Act.
   HB0862 Enrolled          - 10 - LRB104 04759 SPS 14786 b

1  (20 ILCS 1310/3.2 rep.)

2  Section 5-40. The Domestic Violence Shelters Act is

3 amended by repealing Section 3.2.

4  Section 5-45. The Department of Human Services (Mental

5 Health and Developmental Disabilities) Law of the Civil

6 Administrative Code of Illinois is amended by changing Section

7 1710-100 as follows:

8  (20 ILCS 1710/1710-100) (was 20 ILCS 1710/53d)

9  Sec. 1710-100. Grants to Special Olympics Illinois. The

10 Department shall make grants to Special Olympics Illinois for

11 area and statewide athletic competitions from appropriations

12 to the Department from the Special Olympics Illinois Fund, a

13 special fund created in the State treasury. Notwithstanding

14 any other provision of law, on July 1, 2027 or as soon

15 thereafter as practical, the State Comptroller shall direct

16 and the State Treasurer shall transfer the remaining balance

17 from the Special Olympics Illinois Fund into the Special

18 Olympics Illinois and Special Children's Charities Fund. Upon

19 completion of the transfers, the Special Olympics Illinois

20 Fund is dissolved, and any future deposits due to that Fund and

21 any outstanding obligations or liabilities of that Fund shall

22 pass to the Special Olympics Illinois and Special Children's

23 Charities Fund. This Section is repealed on January 1, 2028.

24 (Source: P.A. 95-523, eff. 6-1-08; 95-876, eff. 8-21-08.)
    HB0862 Enrolled         - 11 - LRB104 04759 SPS 14786 b

1   Section 5-50. The Department of Professional Regulation

2 Law of the Civil Administrative Code of Illinois is amended by

3 changing Section 2105-15 and by adding Section 2105-15.2 as

4 follows:

5   (20 ILCS 2105/2105-15)

6   Sec. 2105-15. General powers and duties.

7   (a) The Department has, subject to the provisions of the

8 Civil Administrative Code of Illinois, the following powers

9 and duties:

10  (1) To authorize examinations in English to ascertain

11  the qualifications and fitness of applicants to exercise

12  the profession, trade, or occupation for which the

13  examination is held.

14  (2) To prescribe rules and regulations for a fair and

15  wholly impartial method of examination of candidates to

16  exercise the respective professions, trades, or

17  occupations.

18  (3) To pass upon the qualifications of applicants for

19  licenses, certificates, and authorities, whether by

20  examination, by reciprocity, or by endorsement.

21  (4) To prescribe rules and regulations defining, for

22  the respective professions, trades, and occupations, what

23  shall constitute a school, college, or university, or

24  department of a university, or other institution,
    HB0862 Enrolled  - 12 - LRB104 04759 SPS 14786 b

1   reputable and in good standing, and to determine the

2   reputability and good standing of a school, college, or

3   university, or department of a university, or other

4   institution, reputable and in good standing, by reference

5   to a compliance with those rules and regulations;

6   provided, that no school, college, or university, or

7   department of a university, or other institution that

8   refuses admittance to applicants solely on account of

9   race, color, creed, sex, sexual orientation, or national

10  origin shall be considered reputable and in good standing.

11  (5) To conduct hearings on proceedings to revoke,

12  suspend, refuse to renew, place on probationary status, or

13  take other disciplinary action as authorized in any

14  licensing Act administered by the Department with regard

15  to licenses, certificates, or authorities of persons

16  exercising the respective professions, trades, or

17  occupations and to revoke, suspend, refuse to renew, place

18  on probationary status, or take other disciplinary action

19  as authorized in any licensing Act administered by the

20  Department with regard to those licenses, certificates, or

21  authorities.

22  The Department shall issue a monthly disciplinary

23  report.

24  The Department shall refuse to issue or renew a

25  license to, or shall suspend or revoke a license of, any

26  person who, after receiving notice, fails to comply with a
    HB0862 Enrolled  - 13 - LRB104 04759 SPS 14786 b

1   subpoena or warrant relating to a paternity or child

2   support proceeding. However, the Department may issue a

3   license or renewal upon compliance with the subpoena or

4   warrant.

5   The Department, without further process or hearings,

6   shall revoke, suspend, or deny any license or renewal

7   authorized by the Civil Administrative Code of Illinois to

8   a person who is certified by the Department of Healthcare

9   and Family Services (formerly Illinois Department of

10  Public Aid) as being more than 30 days delinquent in

11  complying with a child support order or who is certified

12  by a court as being in violation of the Non-Support

13  Punishment Act for more than 60 days. The Department may,

14  however, issue a license or renewal if the person has

15  established a satisfactory repayment record as determined

16  by the Department of Healthcare and Family Services

17  (formerly Illinois Department of Public Aid) or if the

18  person is determined by the court to be in compliance with

19  the Non-Support Punishment Act. The Department may

20  implement this paragraph as added by Public Act 89-6

21  through the use of emergency rules in accordance with

22  Section 5-45 of the Illinois Administrative Procedure Act.

23  For purposes of the Illinois Administrative Procedure Act,

24  the adoption of rules to implement this paragraph shall be

25  considered an emergency and necessary for the public

26  interest, safety, and welfare.
    HB0862 Enrolled  - 14 - LRB104 04759 SPS 14786 b

1   (6) To transfer jurisdiction of any realty under the

2   control of the Department to any other department of the

3   State Government or to acquire or accept federal lands

4   when the transfer, acquisition, or acceptance is

5   advantageous to the State and is approved in writing by

6   the Governor.

7   (7) To formulate rules and regulations necessary for

8   the enforcement of any Act administered by the Department.

9   (8) To exchange with the Department of Healthcare and

10  Family Services information that may be necessary for the

11  enforcement of child support orders entered pursuant to

12  the Illinois Public Aid Code, the Illinois Marriage and

13  Dissolution of Marriage Act, the Non-Support of Spouse and

14  Children Act, the Non-Support Punishment Act, the Revised

15  Uniform Reciprocal Enforcement of Support Act, the Uniform

16  Interstate Family Support Act, the Illinois Parentage Act

17  of 1984, or the Illinois Parentage Act of 2015.

18  Notwithstanding any provisions in this Code to the

19  contrary, the Department of Financial and Professional

20  Regulation shall not be liable under any federal or State

21  law to any person for any disclosure of information to the

22  Department of Healthcare and Family Services (formerly

23  Illinois Department of Public Aid) under this paragraph

24  (8) or for any other action taken in good faith to comply

25  with the requirements of this paragraph (8).

26  (8.3) To exchange information with the Department of
    HB0862 Enrolled         - 15 - LRB104 04759 SPS 14786 b

1   Human Rights regarding recommendations received under

2   paragraph (B) of Section 8-109 of the Illinois Human

3   Rights Act regarding a licensee or candidate for licensure

4   who has committed a civil rights violation that may lead

5   to the refusal, suspension, or revocation of a license

6   from the Department.

7   (8.5) To accept continuing education credit for

8   mandated reporter training on how to recognize and report

9   child abuse offered by the Department of Children and

10  Family Services and completed by any person who holds a

11  professional license issued by the Department and who is a

12  mandated reporter under the Abused and Neglected Child

13  Reporting Act. The Department shall adopt any rules

14  necessary to implement this paragraph.

15  (9) To perform other duties prescribed by law.

16  (a-5) Except in cases involving delinquency in complying

17 with a child support order or violation of the Non-Support

18 Punishment Act and notwithstanding anything that may appear in

19 any individual licensing Act or administrative rule, no person

20 or entity whose license, certificate, or authority has been

21 revoked as authorized in any licensing Act administered by the

22 Department may apply for restoration of that license,

23 certification, or authority until 3 years after the effective

24 date of the revocation.

25  (b) (Blank).

26  (c) For the purpose of securing and preparing evidence,
HB0862 Enrolled  - 16 - LRB104 04759 SPS 14786 b

 1 and for the purchase of controlled substances, professional
 2 services, and equipment necessary for enforcement activities,
 3 recoupment of investigative costs, and other activities
 4 directed at suppressing the misuse and abuse of controlled
 5 substances, including those activities set forth in Sections
 6 504 and 508 of the Illinois Controlled Substances Act, the
 7 Director and agents appointed and authorized by the Director
 8 may expend sums from the General Professions Dedicated
 9 Professional Regulation Evidence Fund that the Director deems
10 necessary from the amounts appropriated for that purpose.
11 Those sums may be advanced to the agent when the Director deems
12 that procedure to be in the public interest. Sums for the
13 purchase of controlled substances, professional services, and
14 equipment necessary for enforcement activities and other
15 activities as set forth in this Section shall be advanced to
16 the agent who is to make the purchase from the General
17 Professions Dedicated Professional Regulation Evidence Fund on
18 vouchers signed by the Director. The Director and those agents
19 are authorized to maintain one or more commercial checking
20 accounts with any State banking corporation or corporations
21 organized under or subject to the Illinois Banking Act for the
22 deposit and withdrawal of moneys to be used for the purposes
23 set forth in this Section; provided, that no check may be
24 written nor any withdrawal made from any such account except
25 upon the written signatures of 2 persons designated by the
26 Director to write those checks and make those withdrawals.
    HB0862 Enrolled      - 17 - LRB104 04759 SPS 14786 b

1 Vouchers for those expenditures must be signed by the

2 Director. All such expenditures shall be audited by the

3 Director, and the audit shall be submitted to the Department

4 of Central Management Services for approval.

5   (d) Whenever the Department is authorized or required by

6 law to consider some aspect of criminal history record

7 information for the purpose of carrying out its statutory

8 powers and responsibilities, then, upon request and payment of

9 fees in conformance with the requirements of Section 2605-400

10 of the Illinois State Police Law, the Illinois State Police is

11 authorized to furnish, pursuant to positive identification,

12 the information contained in State files that is necessary to

13 fulfill the request.

14  (e) The provisions of this Section do not apply to private

15 business and vocational schools as defined by Section 15 of

16 the Private Business and Vocational Schools Act of 2012.

17  (f) (Blank).

18  (f-5) Notwithstanding anything that may appear in any

19 individual licensing statute or administrative rule, the

20 Department shall allow an applicant to provide his or her

21 individual taxpayer identification number as an alternative to

22 providing a social security number when applying for a

23 license.

24  (g) Notwithstanding anything that may appear in any

25 individual licensing statute or administrative rule, the

26 Department shall deny any license application or renewal
    HB0862 Enrolled  - 18 - LRB104 04759 SPS 14786 b

1 authorized under any licensing Act administered by the

2 Department to any person who has failed to file a return, or to

3 pay the tax, penalty, or interest shown in a filed return, or

4 to pay any final assessment of tax, penalty, or interest, as

5 required by any tax Act administered by the Illinois

6 Department of Revenue, until such time as the requirement of

7 any such tax Act are satisfied; however, the Department may

8 issue a license or renewal if the person has established a

9 satisfactory repayment record as determined by the Illinois

10 Department of Revenue. For the purpose of this Section,

11 "satisfactory repayment record" shall be defined by rule.

12  In addition, a complaint filed with the Department by the

13 Illinois Department of Revenue that includes a certification,

14 signed by its Director or designee, attesting to the amount of

15 the unpaid tax liability or the years for which a return was

16 not filed, or both, is prima facie evidence of the licensee's

17 failure to comply with the tax laws administered by the

18 Illinois Department of Revenue. Upon receipt of that

19 certification, the Department shall, without a hearing,

20 immediately suspend all licenses held by the licensee.

21 Enforcement of the Department's order shall be stayed for 60

22 days. The Department shall provide notice of the suspension to

23 the licensee by mailing a copy of the Department's order to the

24 licensee's address of record or emailing a copy of the order to

25 the licensee's email address of record. The notice shall

26 advise the licensee that the suspension shall be effective 60
    HB0862 Enrolled         - 19 - LRB104 04759 SPS 14786 b

1 days after the issuance of the Department's order unless the

2 Department receives, from the licensee, a request for a

3 hearing before the Department to dispute the matters contained

4 in the order.

5   Any suspension imposed under this subsection (g) shall be

6 terminated by the Department upon notification from the

7 Illinois Department of Revenue that the licensee is in

8 compliance with all tax laws administered by the Illinois

9 Department of Revenue.

10  The Department may promulgate rules for the administration

11 of this subsection (g).

12  (g-5) Notwithstanding anything that may appear in any

13 individual licensing statute or administrative rule, the

14 Department shall refuse the issuance or renewal of a license

15 to, or suspend or revoke the license of, any individual,

16 corporation, partnership, or other business entity that has

17 been found by the Illinois Workers' Compensation Commission or

18 the Department of Insurance to have failed to (i) secure

19 workers' compensation obligations in the manner required by

20 subsections (a) and (b) of Section 4 of the Workers'

21 Compensation Act, (ii) pay in full a fine or penalty imposed

22 due to a failure to secure workers' compensation obligations

23 in the manner required by subsections (a) and (b) of Section 4

24 of the Workers' Compensation Act, or (iii) fulfill all

25 obligations assumed pursuant to a settlement reached with the

26 Illinois Workers' Compensation Commission or the Department of
    HB0862 Enrolled  - 20 - LRB104 04759 SPS 14786 b

1 Insurance relating to a failure to secure workers'

2 compensation obligations in the manner required by subsections

3 (a) and (b) of Section 4 of the Workers' Compensation Act. No

4 initial or renewal license shall be issued, and no suspended

5 license shall be reinstated, until such time that the

6 Department is notified by the Illinois Workers' Compensation

7 Commission or the Department of Insurance that the licensee's

8 or applicant's failure to comply with subsections (a) and (b)

9 of Section 4 of the Workers' Compensation Act has been

10 corrected or otherwise resolved to satisfaction of the

11 Illinois Workers' Compensation Commission or the Department of

12 Insurance.

13  In addition, a complaint filed with the Department by the

14 Illinois Workers' Compensation Commission or the Department of

15 Insurance that includes a certification, signed by its

16 Director or Chairman, or the Director or Chairman's designee,

17 attesting to a finding of the failure to secure workers'

18 compensation obligations in the manner required by subsections

19 (a) and (b) of Section 4 of the Workers' Compensation Act or

20 the failure to pay any fines or penalties or to discharge any

21 obligation under a settlement relating to the failure to

22 secure workers' compensation obligations in the manner

23 required by subsections (a) and (b) of Section 4 of the

24 Workers' Compensation Act is prima facie evidence of the

25 licensee's or applicant's failure to comply with subsections

26 (a) and (b) of Section 4 of the Workers' Compensation Act. Upon
    HB0862 Enrolled         - 21 - LRB104 04759 SPS 14786 b

1 receipt of that certification, the Department shall, without a

2 hearing, immediately suspend all licenses held by the licensee

3 or the processing of any application from the applicant.

4 Enforcement of the Department's order shall be stayed for 60

5 days. The Department shall provide notice of the suspension to

6 the licensee by mailing a copy of the Department's order to the

7 licensee's address of record or emailing a copy of the order to

8 the licensee's email address of record. The notice shall

9 advise the licensee that the suspension shall be effective 60

10 days after the issuance of the Department's order unless the

11 Department receives from the licensee or applicant a request

12 for a hearing before the Department to dispute the matters

13 contained in the order.

14  Any suspension imposed under this subsection shall be

15 terminated by the Department upon notification from the

16 Illinois Workers' Compensation Commission or the Department of

17 Insurance that the licensee's or applicant's failure to comply

18 with subsections (a) and (b) of Section 4 of the Workers'

19 Compensation Act has been corrected or otherwise resolved to

20 the satisfaction of the Illinois Workers' Compensation

21 Commission or the Department of Insurance.

22  No license shall be suspended or revoked until after the

23 licensee is afforded any due process protection guaranteed by

24 statute or rule adopted by the Illinois Workers' Compensation

25 Commission or the Department of Insurance.

26  The Department may adopt rules for the administration of
    HB0862 Enrolled        - 22 - LRB104 04759 SPS 14786 b

1 this subsection.

2   (h) The Department may grant the title "Retired", to be

3 used immediately adjacent to the title of a profession

4 regulated by the Department, to eligible retirees. For

5 individuals licensed under the Medical Practice Act of 1987,

6 the title "Retired" may be used in the profile required by the

7 Patients' Right to Know Act. The use of the title "Retired"

8 shall not constitute representation of current licensure,

9 registration, or certification. Any person without an active

10 license, registration, or certificate in a profession that

11 requires licensure, registration, or certification shall not

12 be permitted to practice that profession.

13  (i) The Department shall make available on its website

14 general information explaining how the Department utilizes

15 criminal history information in making licensure application

16 decisions, including a list of enumerated offenses that serve

17 as a statutory bar to licensure.

18 (Source: P.A. 102-538, eff. 8-20-21; 103-26, eff. 1-1-24;

19 103-605, eff. 7-1-24.)

20  (20 ILCS 2105/2105-15.2 new)

21  Sec. 2105-15.2. Professional Regulation Evidence Fund;

22 dissolution. On July 1, 2026 or as soon thereafter as

23 practical, the State Comptroller shall direct and the State

24 Treasurer shall transfer the remaining balance from the

25 Professional Regulation Evidence Fund into the General
    HB0862 Enrolled              - 23 - LRB104 04759 SPS 14786 b

1 Professions Dedicated Fund. Upon completion of the transfer,
2 the Professional Regulation Evidence Fund is dissolved, and
3 any future deposits due to that Fund and any outstanding
4 obligations or liabilities of that Fund shall pass to the
5 General Professions Dedicated Fund. This Section is repealed
6 on January 1, 2027.

7   Section 5-60. The State Finance Act is amended by changing

8 Sections 5.02, 5.212, 5.229, 5.361, 5.488, 5.546, 5.629,

9 5.632, 5.674, 5.739, 5.757, 5.913, 6m, 6z-39, 6z-131, 8.14-1,

10 and 8.30 as follows:

11  (30 ILCS 105/5.02) (from Ch. 127, par. 141.02)

12  Sec. 5.02. The Air Transportation Revolving Fund. This

13 Section is repealed on January 1, 2028.

14 (Source: Laws 1919, p. 946.)

15  (30 ILCS 105/5.212) (from Ch. 127, par. 141.212)

16  Sec. 5.212. The Professional Regulation Evidence Fund.

17 This Section is repealed on January 1, 2027.

18 (Source: P.A. 85-4.)

19  (30 ILCS 105/5.229) (from Ch. 127, par. 141.229)

20  Sec. 5.229. The Fish and Wildlife Endowment Fund. This

21 Section is repealed on January 1, 2027.

22 (Source: P.A. 85-1209.)
    HB0862 Enrolled              - 24 - LRB104 04759 SPS 14786 b

1   (30 ILCS 105/5.361)

2   Sec. 5.361. The Special Olympics Illinois Fund. This

3 Section is repealed on January 1, 2028.

4 (Source: Repealed by P.A. 95-331, eff. 8-21-07. Reenacted and

5 changed by P.A. 95-523, eff. 6-1-08.)

6   (30 ILCS 105/5.488)

7   Sec. 5.488. The Port Development Revolving Loan Fund. This

8 Section is repealed on January 1, 2027.

9 (Source: P.A. 99-933, eff. 1-27-17.)

10  (30 ILCS 105/5.546)

11  Sec. 5.546. The Digital Divide Elimination Infrastructure

12 Fund. This Section is repealed on January 1, 2027.

13 (Source: P.A. 92-22, eff. 6-30-01; 92-651, eff. 7-11-02.)

14  (30 ILCS 105/5.629)

15  Sec. 5.629. The Accessible Electronic Information Service

16 Fund. This Section is repealed on January 1, 2027.

17 (Source: P.A. 95-331, eff. 8-21-07.)

18  (30 ILCS 105/5.632)

19  Sec. 5.632. The Safe Bottled Water Fund. This Section is

20 repealed on January 1, 2028.

21 (Source: P.A. 95-331, eff. 8-21-07.)
    HB0862 Enrolled             - 25 - LRB104 04759 SPS 14786 b

1   (30 ILCS 105/5.674)

2   Sec. 5.674. The Gaining Early Awareness and Readiness for

3 Undergraduate Programs Fund. This Section is repealed on

4 January 1, 2027.

5 (Source: P.A. 94-1043, eff. 7-24-06; 95-331, eff. 8-21-07.)

6   (30 ILCS 105/5.739)

7   Sec. 5.739. The Roadside Memorial Fund. This Section is

8 repealed on January 1, 2027.

9 (Source: P.A. 96-667, eff. 8-25-09; 96-1000, eff. 7-2-10.)

10  (30 ILCS 105/5.757)

11  Sec. 5.757. The Employment of Illinois Workers on Public

12 Works Projects Fund. This Section is repealed on January 1,

13 2027.

14 (Source: P.A. 96-929, eff. 6-16-10; 97-333, eff. 8-12-11.)

15  (30 ILCS 105/5.913)

16  Sec. 5.913. The School STEAM Grant Program Fund. This

17 Section is repealed on January 1, 2027.

18 (Source: P.A. 101-561, eff. 8-23-19; 102-558, eff. 8-20-21.)

19  (30 ILCS 105/6m) (from Ch. 127, par. 142m)

20  Sec. 6m. All fees and other moneys received by the

21 Department of Transportation from any officer, department or
    HB0862 Enrolled      - 26 - LRB104 04759 SPS 14786 b

 1 agency of the State for providing air transportation to or for
 2 such officer, department or agency shall be paid (i) through
 3 June 30, 2027 into the Air Transportation Revolving Fund and
 4 (ii) beginning July 1, 2027 into the Aeronautics Fund. The
 5 moneys in the Air Transportation Revolving Fund this fund
 6 shall be used by the Department of Transportation only for
 7 equipment, personnel, operational expenses and such other
 8 expenses as may be incidental to providing air transportation
 9 for officers, departments or agencies of the State Government.
10 On July 1, 2027 or as soon thereafter as practical, the State
11 Comptroller shall direct and the State Treasurer shall
12 transfer the remaining balance from the Air Transportation
13 Revolving Fund into the Aeronautics Fund. Upon completion of
14 the transfer, the Air Transportation Revolving Fund is
15 dissolved, and any future deposits due to that Fund and any
16 outstanding obligations or liabilities of that Fund shall pass
17 to the Aeronautics Fund.
18 (Source: P.A. 81-840.)

19  (30 ILCS 105/6z-39)

20  Sec. 6z-39. Federal Financing Cost Reimbursement Fund. The

21 Governor's Office of Management and Budget shall be the State

22 coordinator and representative with the United States

23 Department of the Treasury for purposes of implementing the

24 federal Cash Management Improvement Act of 1990.

25  The Governor's Office of Management and Budget shall:
    HB0862 Enrolled       - 27 - LRB104 04759 SPS 14786 b

 1 negotiate Treasury-State agreements; develop and file annual
 2 reports; establish the net State liability; determine State
 3 agency shares of the net State liability; direct State
 4 agencies to pay or transfer moneys into the Federal Financing
 5 Cost Reimbursement Fund, a State trust fund in the State
 6 treasury; and initiate payments of the net State liability to
 7 the U.S. Treasury out of the Federal Financing Cost
 8 Reimbursement Fund. Agencies shall make payments or transfers
 9 to the Federal Financing Cost Reimbursement Fund as directed
10 by the Governor's Office of Management and Budget and shall
11 otherwise cooperate with the Governor's Office of Management
12 and Budget to implement the federal Cash Management
13 Improvement Act of 1990.
14 (Source: P.A. 94-793, eff. 5-19-06.)

15  (30 ILCS 105/6z-131)

16  Sec. 6z-131. Agriculture Federal Projects Fund. The

17 Agriculture Federal Projects Fund is established as a federal

18 trust fund in the State treasury. This Fund is established to

19 receive funds from all federal departments and agencies,

20 including grants and awards. In addition, the Fund may also

21 receive interagency receipts from other State agencies and

22 funds from other public and private sources. Moneys in the

23 Agriculture Federal Projects Fund shall be held by the State

24 Treasurer as ex officio custodian and shall be used for the

25 specific purposes established by the terms and conditions of
    HB0862 Enrolled              - 28 - LRB104 04759 SPS 14786 b

 1 the federal grant or award and for other authorized expenses
 2 in accordance with federal requirements. Other moneys
 3 deposited into the Fund may be used for purposes associated
 4 with the federally financed projects. Notwithstanding any
 5 other provision of law, on July 1, 2026 or as soon thereafter
 6 as practical, the State Comptroller shall direct and the State
 7 Treasurer shall transfer the remaining balance from the
 8 Federal Agricultural Marketing Services Fund into the
 9 Agriculture Federal Projects Fund. Upon completion of the
10 transfer, the Federal Agricultural Marketing Services Fund is
11 dissolved, and any future deposits due to that Fund and any
12 outstanding obligations or liabilities of that Fund shall pass
13 to the Agriculture Federal Projects Fund.
14 (Source: P.A. 102-699, eff. 4-19-22; 103-154, eff. 6-30-23.)

15  (30 ILCS 105/8.14-1) (from Ch. 127, par. 144.14-1)

16  Sec. 8.14-1. Appropriations for equipment, personnel,

17 operational expenses and such other expenses incident to

18 providing air transportation for officers, departments or

19 agencies of the State government may be payable from the Air

20 Transportation Revolving Fund or, beginning in State fiscal

21 year 2028, the Aeronautics Fund.

22 (Source: Laws 1968, p. 474.)

23  (30 ILCS 105/8.30) (from Ch. 127, par. 144.30)

24  Sec. 8.30. All moneys received from the issuance of
    HB0862 Enrolled           - 29 - LRB104 04759 SPS 14786 b

1 Lifetime Hunting, Fishing or Sportsmen's Combination Licenses

2 under Section 20-45 of the Fish and Aquatic Life Code shall be

3 deposited into the Fish and Wildlife Endowment Fund. All

4 interest earned and accrued from moneys monies deposited into

5 in the Fish and Wildlife Endowment Fund shall be deposited

6 monthly by the State Treasurer in the Fish and Wildlife

7 Endowment Fund. The Treasurer upon request of the Director of

8 the Department of Natural Resources from time to time may

9 transfer amounts from the Fish and Wildlife Endowment Fund to

10 the Wildlife and Fish Fund, but the annual transfers shall not

11 exceed the annual interest accrued to the Fish and Wildlife

12 Endowment Fund.

13  Notwithstanding any other provision of law, in addition to

14 any other transfers that may be provided by law, on July 1,

15 2026 or as soon thereafter as practical, the State Comptroller

16 shall direct and the State Treasurer shall transfer the

17 remaining balance from the Fish and Wildlife Endowment Fund

18 into the Wildlife and Fish Fund. Upon completion of the

19 transfer, the Fish and Wildlife Endowment Fund is dissolved,

20 and any future deposits due to that Fund and any outstanding

21 obligations or liabilities of that Fund pass to the Wildlife

22 and Fish Fund.

23  This Section is repealed on January 1, 2027.

24 (Source: P.A. 89-445, eff. 2-7-96.)

25  (30 ILCS 105/5.408 rep.)
    HB0862 Enrolled           - 30 - LRB104 04759 SPS 14786 b

1   (30 ILCS 105/5.700 rep.)

2   (30 ILCS 105/5.704 rep.)

3   (30 ILCS 105/5.774 rep.)

4   (30 ILCS 105/5.829 rep.)

5   (30 ILCS 105/5.959 rep.)

6   (30 ILCS 105/5.992 rep.)

7   (30 ILCS 105/5.997 rep.)

8   (30 ILCS 105/5.1010 rep.)

9   (30 ILCS 105/5.1030 rep.)

10  (30 ILCS 105/6b-4 rep.)

11  (30 ILCS 105/6z-136 rep.)

12  (30 ILCS 105/6z-137 rep.)

13  Section 5-65. The State Finance Act is amended by

14 repealing Sections 5.408, 5.700, 5.704, 5.774, 5.829, 5.959,

15 5.992, 5.997, 5.1010, 5.1030 as added by Public Act 104-259,

16 6b-4, 6z-136, and 6z-137.

17  Section 5-70. The Employment of Illinois Workers on Public

18 Works Act is amended by changing Section 7.10 as follows:

19  (30 ILCS 570/7.10)

20  Sec. 7.10. Disposition of proceeds Employment of Illinois

21 Workers on Public Works Projects Fund. All moneys received by

22 the Department as civil penalties under this Act shall be

23 deposited into the Employee Classification Fund Employment of

24 Illinois Workers on Public Works Projects Fund and shall be
    HB0862 Enrolled     - 31 - LRB104 04759 SPS 14786 b

 1 used, subject to appropriation by the General Assembly, by the
 2 Department for administration, investigation, and other
 3 expenses incurred in carrying out its powers and duties under
 4 this Act. The Department shall hire as many investigators and
 5 other personnel as may be necessary to carry out the purposes
 6 of this Act. Notwithstanding any other provision of law, in
 7 addition to any other transfers that may be provided by law, on
 8 July 1, 2026 or as soon thereafter as practical, the State
 9 Comptroller shall direct and the State Treasurer shall
10 transfer the remaining balance from the Employment of Illinois
11 Workers on Public Works Projects Fund into the Employee
12 Classification Fund. Upon completion of the transfer, the
13 Employment of Illinois Workers on Public Works Projects Fund
14 is dissolved, and any future deposits due to that Fund and any
15 outstanding obligations or liabilities of that Fund pass to
16 the Employee Classification Fund Any moneys in the Fund at the
17 end of a fiscal year in excess of those moneys necessary for
18 the Department to carry out its powers and duties under this
19 Act shall be available for appropriation to the Department for
20 the next fiscal year for any of the Department's duties.
21 (Source: P.A. 96-929, eff. 6-16-10.)

22  Section 5-75. The Build Illinois Act is amended by

23 changing Section 9-11 as follows:

24  (30 ILCS 750/9-11)
    HB0862 Enrolled  - 32 - LRB104 04759 SPS 14786 b

1   Sec. 9-11. Port Development Revolving Loan Program.

2   (1) There is created in the State treasury Treasury the

3 Port Development Revolving Loan Fund, referred to in this

4 Section as the Fund. Moneys in the Fund may be appropriated for

5 the purposes of the Port Development Revolving Loan Program

6 created by this Section to be administered by the Department

7 of Commerce and Economic Opportunity in order to facilitate

8 and enhance the utilization of Illinois' navigable waterways

9 or the development of inland intermodal freight facilities or

10 both. The Department may adopt rules for the administration of

11 the Program.

12  The General Assembly may make appropriations for the

13 purposes of the Program. Repayment of loans made to individual

14 port districts shall be paid back into the Fund to establish an

15 ongoing revolving loan fund to facilitate continuing port

16 development activities in the State.

17  (2) Loan funds from the Program shall be made available to

18 Illinois port districts on a competitive basis. In order to

19 obtain assistance under the Program, a port district must

20 submit a comprehensive application to the Department for

21 consideration.

22  Projects eligible for funding under the Program must be

23 intermodal facilities and within the scope of powers and

24 responsibilities as granted in each port district's enabling

25 legislation. Loan funds shall not be used for working capital

26 or administrative purposes by the port district.
    HB0862 Enrolled         - 33 - LRB104 04759 SPS 14786 b

1   (3) The maximum amount which may be loaned from the

2 Program to fund any one project is $3,000,000. Program funds

3 may be used for up to 50% of an individual project financing.

4 The balance of financing for an individual project must be

5 secured by the respective district.

6   The maximum loan term shall be for 20 years with an

7 interest rate of 5% per annum. Principal and interest payments

8 shall be made on a semi-annual basis.

9   (4) In order to receive a loan from the Program, a port

10 district must:

11  (a) demonstrate that the proposed project shall

12  generate sufficient revenue to support amortization of the

13  loan and be willing to pledge revenues from the project to

14  loan repayment or

15  (b) demonstrate that the port district can financially

16  support debt service payments through general revenue

17  sources of the port district and pledge the full faith and

18  credit of the port district to loan repayment.

19  In order to achieve the requirement of paragraph (a) of

20 this subsection (4), the port district may use guarantees

21 provided under facility operating agreements or guaranteed

22 facility use agreements from private concerns to demonstrate

23 loan repayment ability.

24  Certain infrastructure facilities developed under the

25 Program may be general use public facilities where there is

26 not a definitive and guaranteed revenue stream to support the
    HB0862 Enrolled            - 34 - LRB104 04759 SPS 14786 b

1 project, nevertheless the facilities are important to

2 facilitate overall long term port development objectives. In

3 such cases, the full faith and credit of the port district may

4 be used as loan collateral.

5   (5) A loan agreement shall be executed between the port

6 district and the State stipulating all of the terms and

7 conditions of the loan. The Department shall release funds on

8 a reimbursement basis for eligible costs of the project as

9 incurred. The port district shall certify to the Department

10 that expenses incurred during construction are in accordance

11 with plans and specifications as approved by the Department.

12 Funds may be drawn once per month during construction of the

13 project.

14  (6) The loan agreement shall contain customary and usual

15 loan default provisions in the event the port district fails

16 to make the required payments. The loan agreement shall

17 stipulate the State's recourse in curing any default.

18  In the event a port district becomes delinquent in

19 payments to the State, that port district shall not be

20 eligible for any future loans until the delinquency is

21 remedied.

22  (7) Individual port district project applications shall

23 include the following:

24  (a) Statement of purpose. A description of the project

25  shall be submitted along with the project's anticipated

26  overall effect on meeting port district objectives.
    HB0862 Enrolled  - 35 - LRB104 04759 SPS 14786 b

1   (b) Project impact. The anticipated net effects of the

2   project shall be enumerated. These impacts may include the

3   economic impact to the State, employment impact,

4   intermodal freight impacts, and environmental impacts.

5   (c) Cost estimates and preliminary project layout. The

6   overall project development cost estimate and general site

7   and or facility drawings.

8   (d) Proposed loan amount. A statement as to the amount

9   proposed from the Program and the port district's

10  intentions as to the source of other financing for the

11  project.

12  (e) Business Pro Forma Proforma. A detailed business

13  pro forma proforma must be supplied which estimates

14  facility/project revenues as well as operating costs and

15  debt service.

16  (f) Loan collateral and guarantees. The port

17  district's intentions as to how it intends to

18  collateralize the loan amount, including third party

19  guarantees, pledging of project and facility revenue, or

20  pledging general revenues of the district.

21  (8) The Department shall annually invite Illinois port

22 districts to submit projects for consideration under the

23 Program. The Department shall perform a cost/benefit analysis

24 of each project to determine if a project meets minimum

25 requirements for eligibility. Those applications which meet

26 minimum criteria shall then be ranked by the overall net
    HB0862 Enrolled  - 36 - LRB104 04759 SPS 14786 b

1 positive impact on the State.

2   (a) Minimum criteria shall include:

3   (i) positive cost/benefit ratio;

4   (ii) demonstrated economic feasibility of the

5   project; and

6   (iii) the ability of the port district to repay

7   the loan.

8   (b) Ranking criteria may include:

9   (i) a cost/benefit ratio of project in relation to

10  other projects;

11  (ii) product tonnage to be handled;

12  (iii) product value to be handled;

13  (iv) soundness of business proposition;

14  (v) positive intermodal impacts of Illinois

15  transportation system;

16  (vi) meets overall State transportation

17  objectives;

18  (vii) economic impact to the State; or

19  (viii) environmental benefits of the project.

20  Projects shall be selected according to their ranking up

21 to the limit of available funds. Selected projects shall be

22 invited to submit detailed plans, specifications, operating

23 agreements, environmental clearances, evidence of property

24 title, and other documentation as necessitated by the project.

25 When the Department determines all necessary requirements are

26 met and the remainder of the project financing is available, a
    HB0862 Enrolled         - 37 - LRB104 04759 SPS 14786 b

1 loan agreement shall be executed and project development may

2 commence.

3   (9) On July 1, 2026 or as soon thereafter as practical, the

4 State Comptroller shall direct and the State Treasurer shall

5 transfer the remaining balance from the Port Development

6 Revolving Loan Fund into the Build Illinois Bond Retirement

7 and Interest Fund. Upon completion of the transfer, the Port

8 Development Revolving Loan Fund is dissolved, and any future

9 deposits due to that Fund and any outstanding obligations or

10 liabilities of that Fund pass to the Build Illinois Bond

11 Retirement and Interest Fund.

12  (10) This Section is repealed on January 1, 2027.

13 (Source: P.A. 94-793, eff. 5-19-06.)

14  (35 ILCS 717/Act rep.)

15  Section 5-80. The Reciprocal Tax Collection Act is

16 repealed.

17  Section 5-85. The Governmental Account Audit Act is

18 amended by changing Section 4.5 as follows:

19  (50 ILCS 310/4.5)

20  Sec. 4.5. Comptroller's Audit Expense Revolving Fund.

21 There is created the Comptroller's Audit Expense Revolving

22 Fund as a special fund to be held by the State Treasurer, ex

23 officio, as custodian, but separate and apart from the funds
    HB0862 Enrolled     - 38 - LRB104 04759 SPS 14786 b

1 in the State treasury. The following moneys shall be deposited

2 into that Fund:

3   (1) All moneys received by the Comptroller for

4   reimbursement of the Comptroller's cost of performing

5   audits and preparing or completing reports under Section 4

6   of this Act, Section 6-31004 of the Counties Code, or

7   Section 8-8-4 of the Illinois Municipal Code.

8   (2) All moneys appropriated to that Fund by the

9   General Assembly.

10  Expenditures from the Fund shall be made on vouchers

11 signed by the Comptroller, for the sole purpose of paying the

12 Comptroller's cost of performing audits and preparing or

13 completing reports under Section 4 of this Act, Section

14 6-31004 of the Counties Code, or Section 8-8-4 of the Illinois

15 Municipal Code.

16  The State Treasurer shall invest moneys in the Fund in the

17 same manner and subject to the same restrictions as moneys in

18 the State treasury.

19  On July 1, 2026 or as soon thereafter as practical, the

20 State Comptroller shall direct and the State Treasurer shall

21 transfer the remaining balance from the Comptroller's Audit

22 Expense Revolving Fund into the Comptroller's Administrative

23 Fund. Upon completion of the transfer, the Comptroller's Audit

24 Expense Revolving Fund is dissolved, and any future deposits

25 due to that Fund and any outstanding obligations or

26 liabilities of that Fund shall pass to the Comptroller's
    HB0862 Enrolled            - 39 - LRB104 04759 SPS 14786 b

1 Administrative Fund.

2   This Section is repealed on January 1, 2027.

3 (Source: P.A. 88-280.)

4   Section 5-90. The Counties Code is amended by changing

5 Section 6-31008 as follows:

6   (55 ILCS 5/6-31008) (from Ch. 34, par. 6-31008)

7   Sec. 6-31008. Expenses of audit. The expenses of

8 conducting the audit and making the required audit report or

9 financial statement for each county, whether ordered by the

10 county board or the Comptroller, shall be paid by the county

11 and the county board shall make provisions for such payment.

12 If the audit is made by an auditor or auditors retained by the

13 Comptroller, the county, through the county board, shall pay

14 to the Comptroller reasonable compensation and expenses to

15 reimburse him for the cost of making such audit. Moneys paid to

16 the Comptroller pursuant to the preceding sentence shall be

17 deposited into the Comptroller's Administrative Audit Expense

18 Revolving Fund.

19  Such expenses shall be paid from the general corporate

20 fund of the county.

21  Contracts for the performance of audits required by this

22 Division may be entered into without competitive bidding.

23 (Source: P.A. 101-419, eff. 1-1-20.)
   HB0862 Enrolled      - 40 - LRB104 04759 SPS 14786 b

1  Section 5-95. The Illinois Municipal Code is amended by

2 changing Sections 8-8-3.5 and 8-8-4 as follows:

3  (65 ILCS 5/8-8-3.5)

4  Sec. 8-8-3.5. Tax Increment Financing Report. The reports

5 filed under subsection (d) of Section 11-74.4-5 of the Tax

6 Increment Allocation Redevelopment Act and the reports filed

7 under subsection (d) of Section 11-74.6-22 of the Industrial

8 Jobs Recovery Law in the Illinois Municipal Code must be

9 separate from any other annual report filed with the

10 Comptroller. The Comptroller must, in cooperation with

11 reporting municipalities, create a format for the reporting of

12 information described in paragraphs (1.5), (5), and (8) and in

13 subparagraph (G) of paragraph (7) of subsection (d) of Section

14 11-74.4-5 of the Tax Increment Allocation Redevelopment Act

15 and the information described in paragraphs (1.5), (5), and

16 (8) and in subparagraph (G) of paragraph (7) of subsection (d)

17 of Section 11-74.6-22 of the Industrial Jobs Recovery Law that

18 facilitates consistent reporting among the reporting

19 municipalities. The Comptroller may allow these reports to be

20 filed electronically and may display the report, or portions

21 of the report, electronically via the Internet. All reports

22 filed under this Section must be made available for

23 examination and copying by the public at all reasonable times.

24 A Tax Increment Financing Report must be filed electronically

25 with the Comptroller within 180 days after the close of the
HB0862 Enrolled  - 41 - LRB104 04759 SPS 14786 b

 1 municipal fiscal year or as soon thereafter as the audit for
 2 the redevelopment project area for that fiscal year becomes
 3 available. If the Tax Increment Finance administrator provides
 4 the Comptroller's office with sufficient evidence that the
 5 report is in the process of being completed by an auditor, the
 6 Comptroller may grant an extension. If the required report is
 7 not filed within the time extended by the Comptroller, the
 8 Comptroller shall notify the corporate authorities of that
 9 municipality that the audit report is past due. The
10 Comptroller may charge a municipality a fee of $5 per day for
11 the first 15 days past due, $10 per day for 16 through 30 days
12 past due, $15 per day for 31 through 45 days past due, and $20
13 per day for the 46th day and every day thereafter. These
14 amounts may be reduced at the Comptroller's discretion. In the
15 event the required audit report is not filed within 60 days of
16 such notice, the Comptroller shall cause such audit to be made
17 by an auditor or auditors. The Comptroller may decline to
18 order an audit and the preparation of an audit report if an
19 initial examination of the books and records of the
20 municipality indicates that books and records of the
21 municipality are inadequate or unavailable to support the
22 preparation of the audit report or the supplemental report due
23 to the passage of time or the occurrence of a natural disaster.
24 All fees collected pursuant to this Section shall be deposited
25 into the Comptroller's Administrative Fund. In the event the
26 Comptroller causes an audit to be made in accordance with the
    HB0862 Enrolled  - 42 - LRB104 04759 SPS 14786 b

1 requirements of this Section, the municipality shall pay to
2 the Comptroller reasonable compensation and expenses to
3 reimburse her for the cost of preparing or completing such
4 report. Moneys paid to the Comptroller pursuant to the
5 preceding sentence shall be deposited into the Comptroller's
6 Administrative Audit Expense Revolving Fund.
7 (Source: P.A. 101-419, eff. 1-1-20; 102-127, eff. 7-23-21.)

8   (65 ILCS 5/8-8-4) (from Ch. 24, par. 8-8-4)

9   Sec. 8-8-4. Overdue reports.

10  (a) In the event the required audit report for a

11 municipality is not filed with the Comptroller in accordance

12 with Section 8-8-7 within 180 days after the close of the

13 fiscal year of the municipality, the Comptroller shall notify

14 the corporate authorities of that municipality in writing that

15 the audit report is due, and may also grant an extension of

16 time of 60 days, for the filing of the audit report. In the

17 event the required audit report is not filed within the time

18 specified in such written notice, the Comptroller shall cause

19 such audit to be made by an auditor or auditors. In the event

20 the required annual or supplemental report for a municipality

21 is not filed within 6 months after the close of the fiscal year

22 of the municipality, the Comptroller shall notify the

23 corporate authorities of that municipality in writing that the

24 annual or supplemental report is due and may grant an

25 extension in time of 60 days for the filing of such annual or
    HB0862 Enrolled     - 43 - LRB104 04759 SPS 14786 b

1 supplemental report.

2   (b) In the event the annual or supplemental report is not

3 filed within the time extended by the Comptroller, the

4 Comptroller shall cause such annual or supplemental report to

5 be prepared or completed, and the municipality shall pay to

6 the Comptroller reasonable compensation and expenses to

7 reimburse him for the cost of preparing or completing such

8 annual or supplemental report. Moneys paid to the Comptroller

9 pursuant to the preceding sentence shall be deposited into the

10 Comptroller's Administrative Audit Expense Revolving Fund.

11  (c) The Comptroller may decline to order an audit or the

12 completion of the supplemental report if an initial

13 examination of the books and records of the municipality

14 indicates that books and records of the municipality are

15 inadequate or unavailable to support the preparation of the

16 audit report or the supplemental report due to the passage of

17 time or the occurrence of a natural disaster.

18  (d) The State Comptroller may grant extensions for

19 delinquent audits or reports. The Comptroller may charge a

20 municipality a fee for a delinquent audit or report of $5 per

21 day for the first 15 days past due, $10 per day for 16 through

22 30 days past due, $15 per day for 31 through 45 days past due,

23 and $20 per day for the 46th day and every day thereafter.

24 These amounts may be reduced at the Comptroller's discretion.

25 All fees collected under this subsection (d) shall be

26 deposited into the Comptroller's Administrative Fund.
   HB0862 Enrolled           - 44 - LRB104 04759 SPS 14786 b

1 (Source: P.A. 101-419, eff. 1-1-20.)

2  (65 ILCS 115/10-15 rep.)

3  Section 5-100. The River Edge Redevelopment Zone Act is

4 amended by repealing Section 10-15.

5  Section 5-105. The School Code is amended by changing

6 Sections 2-3.127a, 3-12, 3-15.12, 21B-40, and 22-110 as

7 follows:

8  (105 ILCS 5/2-3.127a)

9  Sec. 2-3.127a. The State Board of Education Special

10 Purpose Trust Fund. The State Board of Education Special

11 Purpose Trust Fund is created as a special fund in the State

12 treasury. The State Board of Education shall deposit all

13 indirect costs recovered from federal programs into the State

14 Board of Education Special Purpose Trust Fund. These funds may

15 be used by the State Board of Education for its ordinary and

16 contingent expenses. Additionally and unless specifically

17 directed to be deposited into other funds, all moneys received

18 by the State Board of Education from gifts, grants, royalty

19 payments, or donations from any source, public or private,

20 shall be deposited into the State Board of Education Special

21 Purpose Trust Fund. These funds shall be used, subject to

22 appropriation by the General Assembly, by the State Board of

23 Education for the purposes established by the gifts, grants,
    HB0862 Enrolled  - 45 - LRB104 04759 SPS 14786 b

1 royalty payments, or donations. Any royalty payments received

2 by the State Board of Education as a result of licensing

3 agreements or any other agreements entered into by the State

4 Board of Education, regardless of the original fund source,

5 shall be deposited into the State Board of Education Special

6 Purpose Trust Fund and, subject to appropriation by the

7 General Assembly, shall be expended in a manner consistent

8 with law.

9   Notwithstanding any other provision of law, in addition to

10 any other transfers that may be provided by law, on July 1,

11 2026 or as soon thereafter as practical, the State Comptroller

12 shall direct and the State Treasurer shall transfer the

13 remaining balance from the School STEAM Grant Program Fund

14 into the State Board of Education Special Purpose Trust Fund.

15 Upon completion of the transfer, the School STEAM Grant

16 Program Fund is dissolved, and any future deposits due to that

17 Fund and any outstanding obligations or liabilities of that

18 Fund pass to the State Board of Education Special Purpose

19 Trust Fund.

20 (Source: P.A. 102-792, eff. 5-13-22.)

21  (105 ILCS 5/3-12) (from Ch. 122, par. 3-12)

22  Sec. 3-12. ISBE Teacher Certificate Institute Fund

23 Institute fund.

24  (a) All license registration fees and a portion of renewal

25 and duplicate fees shall be kept by the regional
    HB0862 Enrolled  - 46 - LRB104 04759 SPS 14786 b

1 superintendent as described in Section 21-16 or 21B-40 of this

2 Code, together with a record of the names of the persons paying

3 them. Such fees shall be deposited into the ISBE Teacher

4 Certificate Institute Fund institute fund and shall be used by

5 the regional superintendent to defray expenses associated with

6 the work of the regional professional development review

7 committees established pursuant to paragraph (2) of subsection

8 (g) of Section 21-14 of this Code to advise the regional

9 superintendent, upon his or her request, and to hear appeals

10 relating to the renewal of teaching licenses, in accordance

11 with Section 21-14 of this Code; to defray expenses connected

12 with improving the technology necessary for the efficient

13 processing of licenses; to defray all costs associated with

14 the administration of teaching licenses; to defray expenses

15 incidental to teachers' institutes, workshops or meetings of a

16 professional nature that are designed to promote the

17 professional growth of teachers or for the purpose of

18 defraying the expense of any general or special meeting of

19 teachers or school personnel of the region, which has been

20 approved by the regional superintendent.

21  (b) In addition to the use of moneys in the ISBE Teacher

22 Certificate Institute Fund institute fund to defray expenses

23 under subsection (a) of this Section, the State Superintendent

24 of Education, as authorized under Section 2-3.105 of this

25 Code, shall use moneys in the ISBE Teacher Certificate

26 Institute Fund institute fund to defray all costs associated
    HB0862 Enrolled              - 47 - LRB104 04759 SPS 14786 b

1 with the administration of teaching licenses within a city

2 having a population exceeding 500,000. Moneys in the ISBE

3 Teacher Certificate Institute Fund institute fund may also be

4 used by the State Superintendent of Education to support

5 educator recruitment and retention programs within a city

6 having a population exceeding 500,000, to support educator

7 preparation programs within a city having a population

8 exceeding 500,000 as those programs seek national

9 accreditation, and to provide professional development aligned

10 with the requirements set forth in Section 21B-45 of this Code

11 within a city having a population exceeding 500,000. A

12 majority of the moneys in the ISBE Teacher Certificate

13 Institute Fund institute fund must be dedicated to the timely

14 and efficient processing of applications and for the renewal

15 of licenses.

16  (c) The regional superintendent shall on or before January

17 1 of each year post on the regional office of education's

18 website (1) the balance on hand in the ISBE Teacher

19 Certificate Institute Fund institute fund at the beginning of

20 the previous year; (2) all receipts within the previous year

21 deposited into in the fund, with the sources from which they

22 were derived; (3) the amount distributed from the fund and the

23 purposes for which such distributions were made; and (4) the

24 balance on hand in the fund.

25 (Source: P.A. 103-110, eff. 6-29-23.)
    HB0862 Enrolled  - 48 - LRB104 04759 SPS 14786 b

1   (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)

2   Sec. 3-15.12. High school equivalency. The regional

3 superintendent of schools and the Illinois Community College

4 Board shall make available for qualified individuals residing

5 within the region a High School Equivalency Testing Program

6 and alternative methods of credentialing, as identified under

7 this Section. For that purpose the regional superintendent

8 alone or with other regional superintendents may establish and

9 supervise a testing center or centers to administer the secure

10 forms for high school equivalency testing to qualified

11 persons. Such centers shall be under the supervision of the

12 regional superintendent in whose region such centers are

13 located, subject to the approval of the Executive Director of

14 the Illinois Community College Board. The Illinois Community

15 College Board shall also establish criteria and make available

16 alternative methods of credentialing throughout the State.

17  An individual is eligible to apply to the regional

18 superintendent of schools for the region in which he or she

19 resides if he or she is: (a) a person who is 17 years of age or

20 older, has maintained residence in the State of Illinois, and

21 is not a high school graduate; (b) a person who is successfully

22 completing an alternative education program under Section

23 2-3.81, Article 13A, or Article 13B; or (c) a person who is

24 enrolled in a youth education program sponsored by the

25 Illinois National Guard. For purposes of this Section,

26 residence is that abode which the applicant considers his or
    HB0862 Enrolled  - 49 - LRB104 04759 SPS 14786 b

1 her home. Applicants may provide as sufficient proof of such

2 residence and as an acceptable form of identification a

3 driver's license, valid passport, military ID, or other form

4 of government-issued national or foreign identification that

5 shows the applicant's name, address, date of birth, signature,

6 and photograph or other acceptable identification as may be

7 allowed by law or as regulated by the Illinois Community

8 College Board. Such regional superintendent shall determine if

9 the applicant meets statutory and regulatory state standards.

10  If qualified, the applicant shall at the time of such

11 application pay a fee established by the Illinois Community

12 College Board, which fee shall be paid into a special fund

13 under the control and supervision of the regional

14 superintendent to be used for administration of high school

15 equivalency testing. Such moneys received by the regional

16 superintendent shall be used, first, for the expenses incurred

17 in administering and scoring the examination, and next for

18 other educational programs that are developed and designed by

19 the regional superintendent of schools to assist those who

20 successfully complete high school equivalency testing or meet

21 the criteria for alternative methods of credentialing in

22 furthering their academic development or their ability to

23 secure and retain gainful employment, including programs for

24 the competitive award based on test scores of college or adult

25 education scholarship grants or similar educational

26 incentives. Any excess moneys shall be paid into the ISBE
    HB0862 Enrolled  - 50 - LRB104 04759 SPS 14786 b

1 Teacher Certificate Institute Fund institute fund.

2   Any applicant who has achieved the minimum passing

3 standards as established by the Illinois Community College

4 Board shall be notified in writing by the regional

5 superintendent and shall be issued a State of Illinois High

6 School Diploma on the forms provided by the Illinois Community

7 College Board. The regional superintendent shall then certify

8 to the Illinois Community College Board the score of the

9 applicant and such other and additional information that may

10 be required by the Illinois Community College Board. The

11 moneys received therefrom shall be used in the same manner as

12 provided for in this Section.

13  The Illinois Community College Board shall establish

14 alternative methods of credentialing for the issuance of a

15 State of Illinois High School Diploma. In addition to high

16 school equivalency testing, the following alternative methods

17 of receiving a State of Illinois High School Diploma shall be

18 made available to qualified individuals on or after January 1,

19 2018:

20        (A) High School Equivalency based on High School

21  Credit. A qualified candidate may petition to have his or

22  her high school transcripts evaluated to determine what

23  the candidate needs to meet criteria as established by the

24  Illinois Community College Board.

25        (B) High School Equivalency based on Post-Secondary

26  Credit. A qualified candidate may petition to have his or
    HB0862 Enrolled  - 51 - LRB104 04759 SPS 14786 b

1   her post-secondary transcripts evaluated to determine what

2   the candidate needs to meet criteria established by the

3   Illinois Community College Board.

4   (C) High School Equivalency based on a Foreign

5   Diploma. A qualified candidate may petition to have his or

6   her foreign high school or post-secondary transcripts

7   evaluated to determine what the candidate needs to meet

8   criteria established by the Illinois Community College

9   Board.

10  (D) High School Equivalency based on Completion of a

11  Competency-Based Program as approved by the Illinois

12  Community College Board. The Illinois Community College

13  Board shall establish guidelines for competency-based high

14  school equivalency programs.

15  Any applicant who has attained the age of 17 years and

16 maintained residence in the State of Illinois and is not a high

17 school graduate, any person who has enrolled in a youth

18 education program sponsored by the Illinois National Guard, or

19 any person who has successfully completed an alternative

20 education program under Section 2-3.81, Article 13A, or

21 Article 13B is eligible to apply for a State of Illinois High

22 School Diploma (if he or she meets the requirements prescribed

23 by the Illinois Community College Board) upon showing evidence

24 that he or she has completed, successfully, high school

25 equivalency testing, administered by the United States Armed

26 Forces Institute, official high school equivalency testing
    HB0862 Enrolled  - 52 - LRB104 04759 SPS 14786 b

1 centers established in other states, Veterans' Administration

2 Hospitals, or the office of the State Superintendent of

3 Education for the Illinois State Penitentiary System and the

4 Department of Corrections. Such applicant shall apply to the

5 regional superintendent of the region wherein he or she has

6 maintained residence, and, upon payment of a fee established

7 by the Illinois Community College Board, the regional

8 superintendent shall issue a State of Illinois High School

9 Diploma and immediately thereafter certify to the Illinois

10 Community College Board the score of the applicant and such

11 other and additional information as may be required by the

12 Illinois Community College Board.

13  Notwithstanding the provisions of this Section, any

14 applicant who has been out of school for at least one year may

15 request the regional superintendent of schools to administer

16 restricted high school equivalency testing upon written

17 request of: the director of a program who certifies to the

18 Chief Examiner of an official high school equivalency testing

19 center that the applicant has completed a program of

20 instruction provided by such agencies as the Job Corps, the

21 Postal Service Academy, or an apprenticeship training program;

22 an employer or program director for purposes of entry into

23 apprenticeship programs; another state's department of

24 education in order to meet regulations established by that

25 department of education; or a post high school educational

26 institution for purposes of admission, the Department of
    HB0862 Enrolled  - 53 - LRB104 04759 SPS 14786 b

1 Financial and Professional Regulation for licensing purposes,

2 or the Armed Forces for induction purposes. The regional

3 superintendent shall administer such testing, and the

4 applicant shall be notified in writing that he or she is

5 eligible to receive a State of Illinois High School Diploma

6 upon reaching age 17, provided he or she meets the standards

7 established by the Illinois Community College Board.

8   Any test administered under this Section to an applicant

9 who does not speak and understand English may at the

10 discretion of the administering agency be given and answered

11 in any language in which the test is printed. The regional

12 superintendent of schools may waive any fees required by this

13 Section in case of hardship. The regional superintendent of

14 schools and the Illinois Community College Board shall waive

15 any fees required by this Section for an applicant who meets

16 all of the following criteria:

17  (1) The applicant qualifies as a homeless person,

18  child, or youth as defined in the Education for Homeless

19  Children Act.

20  (2) The applicant has not attained 25 years of age as

21  of the date of the scheduled test.

22  (3) The applicant can verify his or her status as a

23  homeless person, child, or youth. A homeless services

24  provider that is qualified to verify an individual's

25  housing status, as determined by the Illinois Community

26  College Board, and that has knowledge of the applicant's
    HB0862 Enrolled  - 54 - LRB104 04759 SPS 14786 b

1   housing status may verify the applicant's status for

2   purposes of this subdivision (3).

3   (4) The applicant has completed a high school

4   equivalency preparation course through an Illinois

5   Community College Board-approved provider.

6   (5) The applicant is taking the test at a testing

7   center operated by a regional superintendent of schools or

8   the Cook County High School Equivalency Office.

9   In counties of over 3,000,000 population, a State of

10 Illinois High School Diploma shall contain the signatures of

11 the Executive Director of the Illinois Community College Board

12 and the superintendent, president, or other chief executive

13 officer of the institution where high school equivalency

14 testing instruction occurred and any other signatures

15 authorized by the Illinois Community College Board.

16  The regional superintendent of schools shall furnish the

17 Illinois Community College Board with any information that the

18 Illinois Community College Board requests with regard to

19 testing and diplomas under this Section.

20  A State of Illinois High School Diploma is a recognized

21 high school equivalency certificate for purposes of

22 reciprocity with other states. A high school equivalency

23 certificate from another state is equivalent to a State of

24 Illinois High School Diploma.

25 (Source: P.A. 102-1100, eff. 1-1-23; 103-940, eff. 8-9-24.)
    HB0862 Enrolled          - 55 - LRB104 04759 SPS 14786 b

1   (105 ILCS 5/21B-40)

2   Sec. 21B-40. Fees.

3   (a) Beginning with the start of the new licensure system

4 established pursuant to this Article, the following fees shall

5 be charged to applicants:

6   (1) A $100 application fee for a Professional Educator

7   License or an Educator License with Stipulations.

8   (1.5) A $50 application fee for a Substitute Teaching

9   License. If the application for a Substitute Teaching

10  License is made and granted after July 1, 2017, the

11  licensee may apply for a refund of the application fee

12  within 18 months of issuance of the new license and shall

13  be issued that refund by the State Board of Education if

14  the licensee provides evidence to the State Board of

15  Education that the licensee has taught pursuant to the

16  Substitute Teaching License at least 10 full school days

17  within one year of issuance.

18  (1.7) A $25 application fee for a Short-Term

19  Substitute Teaching License. The Short-Term Substitute

20  Teaching License must be registered in at least one region

21  in this State, but does not require a registration fee.

22  The licensee may apply for a refund of the application fee

23  within 18 months of issuance of the new license and shall

24  be issued that refund by the State Board of Education if

25  the licensee provides evidence to the State Board of

26  Education that the licensee has taught pursuant to the
    HB0862 Enrolled  - 56 - LRB104 04759 SPS 14786 b

1   Short-Term Substitute Teaching License at least 10 full

2   school days within one year of issuance. The application

3   fee for a Short-Term Substitute Teaching License shall be

4   waived when the Governor has declared a disaster due to a

5   public health emergency pursuant to Section 7 of the

6   Illinois Emergency Management Agency Act.

7   (2) A $150 application fee for individuals who have

8   not been entitled by an Illinois-approved educator

9   preparation program at an Illinois institution of higher

10  education and are seeking any of the licenses set forth in

11  subdivision (1) of this subsection (a).

12  (3) A $50 application fee for each endorsement or

13  approval.

14  (4) A $10 per year registration fee for the course of

15  the validity cycle to register the license, which shall be

16  paid to the regional office of education having

17  supervision and control over the school in which the

18  individual holding the license is to be employed. If the

19  individual holding the license is not yet employed, then

20  the license may be registered in any county in this State.

21  The registration fee must be paid in its entirety the

22  first time the individual registers the license for a

23  particular validity period in a single region. No

24  additional fee may be charged for that validity period

25  should the individual subsequently register the license in

26  additional regions. An individual must register the
    HB0862 Enrolled      - 57 - LRB104 04759 SPS 14786 b

1   license (i) immediately after initial issuance of the

2   license and (ii) at the beginning of each renewal cycle if

3   the individual has satisfied the renewal requirements

4   required under this Code.

5   Beginning on July 1, 2017, at the beginning of each

6   renewal cycle, individuals who hold a Substitute Teaching

7   License may apply for a reimbursement of the registration

8   fee within 18 months of renewal and shall be issued that

9   reimbursement by the State Board of Education from funds

10  appropriated for that purpose if the licensee provides

11  evidence to the State Board of Education that the licensee

12  has taught pursuant to the Substitute Teaching License at

13  least 10 full school days within one year of renewal.

14  (5) The license renewal fee for an Educator License

15  with Stipulations with a paraprofessional educator

16  endorsement is $25.

17  (b) All application fees paid pursuant to subdivisions (1)

18 through (3) of subsection (a) of this Section shall be

19 deposited into the Teacher Certificate Fee Revolving Fund and

20 shall be used, subject to appropriation, by the State Board of

21 Education to provide the technology and human resources

22 necessary for the timely and efficient processing of

23 applications and for the renewal of licenses. Funds available

24 from the Teacher Certificate Fee Revolving Fund may also be

25 used by the State Board of Education to support the

26 recruitment and retention of educators, to support educator
    HB0862 Enrolled  - 58 - LRB104 04759 SPS 14786 b

1 preparation programs as they seek national accreditation, and

2 to provide professional development aligned with the

3 requirements set forth in Section 21B-45 of this Code. A

4 majority of the funds in the Teacher Certificate Fee Revolving

5 Fund must be dedicated to the timely and efficient processing

6 of applications and for the renewal of licenses. The Teacher

7 Certificate Fee Revolving Fund is not subject to

8 administrative charge transfers, authorized under Section 8h

9 of the State Finance Act, from the Teacher Certificate Fee

10 Revolving Fund into any other fund of this State, and moneys in

11 the Teacher Certificate Fee Revolving Fund shall not revert

12 back to the General Revenue Fund at any time.

13  The regional superintendent of schools shall deposit the

14 registration fees paid pursuant to subdivision (4) of

15 subsection (a) of this Section into the ISBE Teacher

16 Certificate Institute Fund institute fund established pursuant

17 to Section 3-12 3-11 of this Code.

18  (c) The State Board of Education and each regional office

19 of education are authorized to charge a service or convenience

20 fee for the use of credit cards for the payment of license

21 fees. This service or convenience fee shall not exceed the

22 amount required by the credit card processing company or

23 vendor that has entered into a contract with the State Board or

24 regional office of education for this purpose, and the fee

25 must be paid to that company or vendor.

26  (d) If, at the time a certificate issued under Article 21
    HB0862 Enrolled  - 59 - LRB104 04759 SPS 14786 b

1 of this Code is exchanged for a license issued under this
2 Article, a person has paid registration fees for any years of
3 the validity period of the certificate and these years have
4 not expired when the certificate is exchanged, then those fees
5 must be applied to the registration of the new license.
6 (Source: P.A. 101-81, eff. 7-12-19; 101-570, eff. 8-23-19;
7 102-867, eff. 5-13-22.)

8   (105 ILCS 5/22-110) (was 105 ILCS 5/27-23.7)

9   (Text of Section before amendment by P.A. 104-338)

10  Sec. 22-110. Bullying prevention.

11  (a) The General Assembly finds that a safe and civil

12 school environment is necessary for students to learn and

13 achieve and that bullying causes physical, psychological, and

14 emotional harm to students and interferes with students'

15 ability to learn and participate in school activities. The

16 General Assembly further finds that bullying has been linked

17 to other forms of antisocial behavior, such as vandalism,

18 shoplifting, skipping and dropping out of school, fighting,

19 using drugs and alcohol, sexual harassment, and sexual

20 violence. Because of the negative outcomes associated with

21 bullying in schools, the General Assembly finds that school

22 districts, charter schools, and non-public, non-sectarian

23 elementary and secondary schools should educate students,

24 parents, and school district, charter school, or non-public,

25 non-sectarian elementary or secondary school personnel about
    HB0862 Enrolled  - 60 - LRB104 04759 SPS 14786 b

1 what behaviors constitute prohibited bullying.

2   Bullying on the basis of actual or perceived race, color,

3 religion, sex, national origin, ancestry, physical appearance,

4 socioeconomic status, academic status, pregnancy, parenting

5 status, homelessness, age, marital status, physical or mental

6 disability, military status, sexual orientation,

7 gender-related identity or expression, unfavorable discharge

8 from military service, association with a person or group with

9 one or more of the aforementioned actual or perceived

10 characteristics, or any other distinguishing characteristic is

11 prohibited in all school districts, charter schools, and

12 non-public, non-sectarian elementary and secondary schools. No

13 student shall be subjected to bullying:

14  (1) during any school-sponsored education program or

15  activity;

16  (2) while in school, on school property, on school

17  buses or other school vehicles, at designated school bus

18  stops waiting for the school bus, or at school-sponsored

19  or school-sanctioned events or activities;

20  (3) through the transmission of information from a

21  school computer, a school computer network, or other

22  similar electronic school equipment; or

23  (4) through the transmission of information from a

24  computer that is accessed at a nonschool-related location,

25  activity, function, or program or from the use of

26  technology or an electronic device that is not owned,
    HB0862 Enrolled       - 61 - LRB104 04759 SPS 14786 b

1   leased, or used by a school district or school if the

2   bullying causes a substantial disruption to the

3   educational process or orderly operation of a school. This

4   item (4) applies only in cases in which a school

5   administrator or teacher receives a report that bullying

6   through this means has occurred and does not require a

7   district or school to staff or monitor any

8   nonschool-related activity, function, or program.

9   (a-5) Nothing in this Section is intended to infringe upon

10 any right to exercise free expression or the free exercise of

11 religion or religiously based views protected under the First

12 Amendment to the United States Constitution or under Section 3

13 of Article I of the Illinois Constitution.

14  (b) In this Section:

15  "Bullying" includes "cyber-bullying" and means any severe

16 or pervasive physical or verbal act or conduct, including

17 communications made in writing or electronically, directed

18 toward a student or students that has or can be reasonably

19 predicted to have the effect of one or more of the following:

20  (1) placing the student or students in reasonable fear

21  of harm to the student's or students' person or property;

22  (2) causing a substantially detrimental effect on the

23  student's or students' physical or mental health;

24  (3) substantially interfering with the student's or

25  students' academic performance; or

26  (4) substantially interfering with the student's or
    HB0862 Enrolled        - 62 - LRB104 04759 SPS 14786 b

1   students' ability to participate in or benefit from the

2   services, activities, or privileges provided by a school.

3   Bullying, as defined in this subsection (b), may take

4 various forms, including, without limitation, one or more of

5 the following: harassment, threats, intimidation, stalking,

6 physical violence, sexual harassment, sexual violence, theft,

7 public humiliation, destruction of property, or retaliation

8 for asserting or alleging an act of bullying. This list is

9 meant to be illustrative and non-exhaustive.

10  "Cyber-bullying" means bullying through the use of

11 technology or any electronic communication, including, without

12 limitation, any transfer of signs, signals, writing, images,

13 sounds, data, or intelligence of any nature transmitted in

14 whole or in part by a wire, radio, electromagnetic system,

15 photoelectronic system, or photooptical system, including,

16 without limitation, electronic mail, Internet communications,

17 instant  messages,  or  facsimile            communications.

18 "Cyber-bullying" includes the creation of a webpage or weblog

19 in which the creator assumes the identity of another person or

20 the knowing impersonation of another person as the author of

21 posted content or messages if the creation or impersonation

22 creates any of the effects enumerated in the definition of

23 bullying in this Section. "Cyber-bullying" also includes the

24 distribution by electronic means of a communication to more

25 than one person or the posting of material on an electronic

26 medium that may be accessed by one or more persons if the
    HB0862 Enrolled          - 63 - LRB104 04759 SPS 14786 b

1 distribution or posting creates any of the effects enumerated

2 in the definition of bullying in this Section.

3   "Policy on bullying" means a bullying prevention policy

4 that meets the following criteria:

5   (1) Includes the bullying definition provided in this

6   Section.

7   (2) Includes a statement that bullying is contrary to

8   State law and the policy of the school district, charter

9   school, or non-public, non-sectarian elementary or

10  secondary school and is consistent with subsection (a-5)

11  of this Section.

12  (3) Includes procedures for promptly reporting

13  bullying, including, but not limited to, identifying and

14  providing the school e-mail address (if applicable) and

15  school telephone number for the staff person or persons

16  responsible for receiving such reports and a procedure for

17  anonymous reporting; however, this shall not be construed

18  to permit formal disciplinary action solely on the basis

19  of an anonymous report.

20  (4) Consistent with federal and State laws and rules

21  governing student privacy rights, includes procedures for

22  informing parents or guardians of all students involved in

23  the alleged incident of bullying within 24 hours after the

24  school's administration is made aware of the students'

25  involvement in the incident and discussing, as

26  appropriate, the availability of social work services,
    HB0862 Enrolled      - 64 - LRB104 04759 SPS 14786 b

1   counseling, school psychological services, other

2   interventions, and restorative measures. The school shall

3   make diligent efforts to notify a parent or legal

4   guardian, utilizing all contact information the school has

5   available or that can be reasonably obtained by the school

6   within the 24-hour period.

7   (5) Contains procedures for promptly investigating and

8   addressing reports of bullying, including the following:

9   (A) Making all reasonable efforts to complete the

10  investigation within 10 school days after the date the

11  report of the incident of bullying was received and

12  taking into consideration additional relevant

13  information received during the course of the

14  investigation about the reported incident of bullying.

15  (B) Involving appropriate school support personnel

16  and other staff persons with knowledge, experience,

17  and training on bullying prevention, as deemed

18  appropriate, in the investigation process.

19  (C) Notifying the principal or school

20  administrator or his or her designee of the report of

21  the incident of bullying as soon as possible after the

22  report is received.

23  (D) Consistent with federal and State laws and

24  rules governing student privacy rights, providing

25  parents and guardians of the students who are parties

26  to the investigation information about the
    HB0862 Enrolled  - 65 - LRB104 04759 SPS 14786 b

1   investigation and an opportunity to meet with the

2   principal or school administrator or his or her

3   designee to discuss the investigation, the findings of

4   the investigation, and the actions taken to address

5   the reported incident of bullying.

6   (6) Includes the interventions that can be taken to

7   address bullying, which may include, but are not limited

8   to, school social work services, restorative measures,

9   social-emotional skill building, counseling, school

10  psychological services, and community-based services.

11  (7) Includes a statement prohibiting reprisal or

12  retaliation against any person who reports an act of

13  bullying and the consequences and appropriate remedial

14  actions for a person who engages in reprisal or

15  retaliation.

16  (8) Includes consequences and appropriate remedial

17  actions for a person found to have falsely accused another

18  of bullying as a means of retaliation or as a means of

19  bullying.

20  (9) Is based on the engagement of a range of school

21  stakeholders, including students and parents or guardians.

22  (10) Is posted on the school district's, charter

23  school's, or non-public, non-sectarian elementary or

24  secondary school's existing, publicly accessible Internet

25  website, is included in the student handbook, and, where

26  applicable, posted where other policies, rules, and
    HB0862 Enrolled  - 66 - LRB104 04759 SPS 14786 b

1   standards of conduct are currently posted in the school

2   and provided periodically throughout the school year to

3   students and faculty, and is distributed annually to

4   parents, guardians, students, and school personnel,

5   including new employees when hired.

6   (11) As part of the process of reviewing and

7   re-evaluating the policy under subsection (d) of this

8   Section, contains a policy evaluation process to assess

9   the outcomes and effectiveness of the policy that

10  includes, but is not limited to, factors such as the

11  frequency of victimization; student, staff, and family

12  observations of safety at a school; identification of

13  areas of a school where bullying occurs; the types of

14  bullying utilized; and bystander intervention or

15  participation. The school district, charter school, or

16  non-public, non-sectarian elementary or secondary school

17  may use relevant data and information it already collects

18  for other purposes in the policy evaluation. The

19  information developed as a result of the policy evaluation

20  must be made available on the Internet website of the

21  school district, charter school, or non-public,

22  non-sectarian elementary or secondary school. If a an

23  Internet website is not available, the information must be

24  provided to school administrators, school board members,

25  school personnel, parents, guardians, and students.

26  (12) Is consistent with the policies of the school
    HB0862 Enrolled   - 67 - LRB104 04759 SPS 14786 b

1   board, charter school, or non-public, non-sectarian

2   elementary or secondary school.

3   (13) Requires all individual instances of bullying, as

4   well as all threats, suggestions, or instances of

5   self-harm determined to be the result of bullying, to be

6   reported to the parents or legal guardians of those

7   involved under the guidelines provided in paragraph (4) of

8   this definition.

9   "Restorative measures" means a continuum of school-based

10 alternatives to exclusionary discipline, such as suspensions

11 and expulsions, that: (i) are adapted to the particular needs

12 of the school and community, (ii) contribute to maintaining

13 school safety, (iii) protect the integrity of a positive and

14 productive learning climate, (iv) teach students the personal

15 and interpersonal skills they will need to be successful in

16 school and society, (v) serve to build and restore

17 relationships among students, families, schools, and

18 communities, (vi) reduce the likelihood of future disruption

19 by balancing accountability with an understanding of students'

20 behavioral health needs in order to keep students in school,

21 and (vii) increase student accountability if the incident of

22 bullying is based on religion, race, ethnicity, or any other

23 category that is identified in the Illinois Human Rights Act.

24  "School personnel" means persons employed by, on contract

25 with, or who volunteer in a school district, charter school,

26 or non-public, non-sectarian elementary or secondary school,
   HB0862 Enrolled      - 68 - LRB104 04759 SPS 14786 b

1 including, without limitation, school and school district

2 administrators, teachers, school social workers, school

3 counselors, school psychologists, school nurses, cafeteria

4 workers, custodians, bus drivers, school resource officers,

5 and security guards.

6  (c) (Blank).

7  (d) Each school district, charter school, and non-public,

8 non-sectarian elementary or secondary school shall create,

9 maintain, and implement a policy on bullying, which policy

10 must be filed with the State Board of Education. The policy on

11 bullying shall be based on the State Board of Education's

12 template for a model bullying prevention policy under

13 subsection (h) and shall include the criteria set forth in the

14 definition of "policy on bullying". The policy or implementing

15 procedure shall include a process to investigate whether a

16 reported act of bullying is within the permissible scope of

17 the district's or school's jurisdiction and shall require that

18 the district or school provide the victim with information

19 regarding services that are available within the district and

20 community, such as counseling, support services, and other

21 programs. School personnel available for help with a bully or

22 to make a report about bullying shall be made known to parents

23 or legal guardians, students, and school personnel. Every 2

24 years, each school district, charter school, and non-public,

25 non-sectarian elementary or secondary school shall conduct a

26 review and re-evaluation of its policy and make any necessary
    HB0862 Enrolled  - 69 - LRB104 04759 SPS 14786 b

1 and appropriate revisions. No later than September 30 of the

2 subject year, the policy must be filed with the State Board of

3 Education after being updated. The State Board of Education

4 shall monitor and provide technical support for the

5 implementation of policies created under this subsection (d).

6 In monitoring the implementation of the policies, the State

7 Board of Education shall review each filed policy on bullying

8 to ensure all policies meet the requirements set forth in this

9 Section, including ensuring that each policy meets the 12

10 criteria criterion identified within the definition of "policy

11 on bullying" set forth in this Section.

12  If a school district, charter school, or non-public,

13 non-sectarian elementary or secondary school fails to file a

14 policy on bullying by September 30 of the subject year, the

15 State Board of Education shall provide a written request for

16 filing to the school district, charter school, or non-public,

17 non-sectarian elementary or secondary school. If a school

18 district, charter school, or non-public, non-sectarian

19 elementary or secondary school fails to file a policy on

20 bullying within 14 days of receipt of the aforementioned

21 written request, the State Board of Education shall publish

22 notice of the non-compliance on the State Board of Education's

23 website.

24  Each school district, charter school, and non-public,

25 non-sectarian elementary or secondary school may provide

26 evidence-based professional development and youth programming
   HB0862 Enrolled  - 70 - LRB104 04759 SPS 14786 b

1 on bullying prevention that is consistent with the provisions

2 of this Section.

3  (e) This Section shall not be interpreted to prevent a

4 victim from seeking redress under any other available civil or

5 criminal law.

6  (f) School districts, charter schools, and non-public,

7 non-sectarian elementary and secondary schools shall collect,

8 maintain, and submit to the State Board of Education

9 non-identifiable data regarding verified allegations of

10 bullying within the school district, charter school, or

11 non-public, non-sectarian elementary or secondary school.

12 School districts, charter schools, and non-public,

13 non-sectarian elementary and secondary schools must submit

14 such data in an annual report due to the State Board of

15 Education no later than August 15 of each year starting with

16 the 2024-2025 school year through the 2030-2031 school year.

17 The State Board of Education shall adopt rules for the

18 submission of data that includes, but is not limited to: (i) a

19 record of each verified allegation of bullying and action

20 taken; and (ii) whether the instance of bullying was based on

21 actual or perceived characteristics identified in subsection

22 (a) and, if so, lists the relevant characteristics. The rules

23 for the submission of data shall be consistent with federal

24 and State laws and rules governing student privacy rights,

25 including, but not limited to, the federal Family Educational

26 Rights and Privacy Act of 1974 and the Illinois School Student
    HB0862 Enrolled             - 71 - LRB104 04759 SPS 14786 b

1 Records Act, which shall include, without limitation, a record

2 of each complaint and action taken. The State Board of

3 Education shall adopt rules regarding the notification of

4 school districts, charter schools, and non-public,

5 non-sectarian elementary and secondary schools that fail to

6 comply with the requirements of this subsection.

7   (g) Upon the request of a parent or legal guardian of a

8 child enrolled in a school district, charter school, or

9 non-public, non-sectarian elementary or secondary school

10 within this State, the State Board of Education must provide

11 non-identifiable data on the number of bullying allegations

12 and incidents in a given year in the school district, charter

13 school, or non-public, non-sectarian elementary or secondary

14 school to the requesting parent or legal guardian. The State

15 Board of Education shall adopt rules regarding (i) the

16 handling of such data, (ii) maintaining the privacy of the

17 students and families involved, and (iii) best practices for

18 sharing numerical data with parents and legal guardians.

19  (h) By January 1, 2024, the State Board of Education shall

20 post on its Internet website a template for a model bullying

21 prevention policy.

22  (i) The Illinois Bullying and Cyberbullying Prevention

23 Fund is created as a special fund in the State treasury. Any

24 moneys appropriated to the Fund may be used, subject to

25 appropriation, by the State Board of Education for the

26 purposes of subsection (j).
    HB0862 Enrolled   - 72 - LRB104 04759 SPS 14786 b

1   (j) Subject to appropriation, the State Superintendent of

2 Education may provide a grant to a school district, charter

3 school, or non-public, non-sectarian elementary or secondary

4 school to support its anti-bullying programming. Grants may be

5 awarded from the Illinois Bullying and Cyberbullying

6 Prevention Fund. School districts, charter schools, and

7 non-public, non-sectarian elementary or secondary schools that

8 are not in compliance with subsection (f) are not eligible to

9 receive a grant from the Illinois Bullying and Cyberbullying

10 Prevention Fund.

11 (Source: P.A. 103-47, eff. 6-9-23; 104-391, eff. 8-15-25;

12 revised 9-24-25.)

13  (Text of Section after amendment by P.A. 104-338)

14  Sec. 22-110. Bullying prevention.

15  (a) The General Assembly finds that a safe and civil

16 school environment is necessary for students to learn and

17 achieve and that bullying causes physical, psychological, and

18 emotional harm to students and interferes with students'

19 ability to learn and participate in school activities. The

20 General Assembly further finds that bullying has been linked

21 to other forms of antisocial behavior, such as vandalism,

22 shoplifting, skipping and dropping out of school, fighting,

23 using drugs and alcohol, sexual harassment, and sexual

24 violence. Because of the negative outcomes associated with

25 bullying in schools, the General Assembly finds that school
    HB0862 Enrolled  - 73 - LRB104 04759 SPS 14786 b

1 districts, charter schools, and non-public, non-sectarian

2 elementary and secondary schools should educate students,

3 parents, and school district, charter school, or non-public,

4 non-sectarian elementary or secondary school personnel about

5 what behaviors constitute prohibited bullying.

6   Bullying on the basis of actual or perceived race, color,

7 religion, sex, national origin, ancestry, physical appearance,

8 socioeconomic status, academic status, pregnancy, parenting

9 status, homelessness, age, marital status, physical or mental

10 disability, military status, sexual orientation,

11 gender-related identity or expression, unfavorable discharge

12 from military service, association with a person or group with

13 one or more of the aforementioned actual or perceived

14 characteristics, or any other distinguishing characteristic is

15 prohibited in all school districts, charter schools, and

16 non-public, non-sectarian elementary and secondary schools. No

17 student shall be subjected to bullying:

18  (1) during any school-sponsored education program or

19  activity;

20  (2) while in school, on school property, on school

21  buses or other school vehicles, at designated school bus

22  stops waiting for the school bus, or at school-sponsored

23  or school-sanctioned events or activities;

24  (3) through the transmission of information from a

25  school computer, a school computer network, or other

26  similar electronic school equipment; or
    HB0862 Enrolled       - 74 - LRB104 04759 SPS 14786 b

1   (4) through the transmission of information from a

2   computer that is accessed at a nonschool-related location,

3   activity, function, or program or from the use of

4   technology or an electronic device that is not owned,

5   leased, or used by a school district or school if the

6   bullying causes a substantial disruption to the

7   educational process or orderly operation of a school. This

8   item (4) applies only in cases in which a school

9   administrator or teacher receives a report that bullying

10  through this means has occurred and does not require a

11  district or school to staff or monitor any

12  nonschool-related activity, function, or program.

13  (a-5) Nothing in this Section is intended to infringe upon

14 any right to exercise free expression or the free exercise of

15 religion or religiously based views protected under the First

16 Amendment to the United States Constitution or under Section 3

17 of Article I of the Illinois Constitution.

18  (b) In this Section:

19  "Artificial intelligence" has the meaning given to that

20 term in the Digital Voice and Likeness Protection Act.

21  "Bullying" includes "cyber-bullying" and means any severe

22 or pervasive physical or verbal act or conduct, including

23 communications made in writing or electronically, directed

24 toward a student or students that has or can be reasonably

25 predicted to have the effect of one or more of the following:

26  (1) placing the student or students in reasonable fear
    HB0862 Enrolled        - 75 - LRB104 04759 SPS 14786 b

1   of harm to the student's or students' person or property;

2           (2) causing a substantially detrimental effect on the

3   student's or students' physical or mental health;

4           (3) substantially interfering with the student's or

5   students' academic performance; or

6           (4) substantially interfering with the student's or

7   students' ability to participate in or benefit from the

8   services, activities, or privileges provided by a school.

9   Bullying, as defined in this subsection (b), may take

10 various forms, including, without limitation, one or more of

11 the following: harassment, threats, intimidation, stalking,

12 physical violence, sexual harassment, sexual violence, posting

13 or distributing sexually explicit images, theft, public

14 humiliation, destruction of property, or retaliation for

15 asserting or alleging an act of bullying. This list is meant to

16 be illustrative and non-exhaustive.

17  "Cyber-bullying" means bullying through the use of

18 technology or any electronic communication, including, without

19 limitation, any transfer of signs, signals, writing, images,

20 sounds, data, or intelligence of any nature transmitted in

21 whole or in part by a wire, radio, electromagnetic system,

22 photoelectronic system, or photooptical system, including,

23 without limitation, electronic mail, Internet communications,

24 instant  messages,  or  facsimile    communications.

25 "Cyber-bullying" includes the creation of a webpage or weblog

26 in which the creator assumes the identity of another person or
    HB0862 Enrolled   - 76 - LRB104 04759 SPS 14786 b

1 the knowing impersonation of another person as the author of

2 posted content or messages if the creation or impersonation

3 creates any of the effects enumerated in the definition of

4 bullying in this Section. "Cyber-bullying" also includes the

5 distribution by electronic means of a communication to more

6 than one person or the posting of material on an electronic

7 medium that may be accessed by one or more persons if the

8 distribution or posting creates any of the effects enumerated

9 in the definition of bullying in this Section. Beginning with

10 the 2026-2027 school year, "cyber-bullying" also includes the

11 posting or distribution of an unauthorized digital replica by

12 electronic means if the posting or distribution creates any of

13 the effects enumerated in the definition of "bullying" in this

14 Section.

15  "Digital replica" has the meaning given to that term in

16 the Digital Voice and Likeness Protection Act.

17  "Policy on bullying" means a bullying prevention policy

18 that meets the following criteria:

19  (1) Includes the bullying definition provided in this

20  Section.

21  (2) Includes a statement that bullying is contrary to

22  State law and the policy of the school district, charter

23  school, or non-public, non-sectarian elementary or

24  secondary school and is consistent with subsection (a-5)

25  of this Section.

26  (3) Includes procedures for promptly reporting
    HB0862 Enrolled          - 77 - LRB104 04759 SPS 14786 b

1   bullying, including, but not limited to, identifying and

2   providing the school e-mail address (if applicable) and

3   school telephone number for the staff person or persons

4   responsible for receiving such reports and a procedure for

5   anonymous reporting; however, this shall not be construed

6   to permit formal disciplinary action solely on the basis

7   of an anonymous report.

8   (4) Consistent with federal and State laws and rules

9   governing student privacy rights, includes procedures for

10  informing parents or guardians of all students involved in

11  the alleged incident of bullying within 24 hours after the

12  school's administration is made aware of the students'

13  involvement in the incident and discussing, as

14  appropriate, the availability of social work services,

15  counseling, school psychological services, other

16  interventions, and restorative measures. The school shall

17  make diligent efforts to notify a parent or legal

18  guardian, utilizing all contact information the school has

19  available or that can be reasonably obtained by the school

20  within the 24-hour period.

21  (5) Contains procedures for promptly investigating and

22  addressing reports of bullying, including the following:

23  (A) Making all reasonable efforts to complete the

24  investigation within 10 school days after the date the

25  report of the incident of bullying was received and

26  taking into consideration additional relevant
    HB0862 Enrolled      - 78 - LRB104 04759 SPS 14786 b

1   information received during the course of the

2   investigation about the reported incident of bullying.

3   (B) Involving appropriate school support personnel

4   and other staff persons with knowledge, experience,

5   and training on bullying prevention, as deemed

6   appropriate, in the investigation process.

7   (C) Notifying the principal or school

8   administrator or his or her designee of the report of

9   the incident of bullying as soon as possible after the

10  report is received.

11  (D) Consistent with federal and State laws and

12  rules governing student privacy rights, providing

13  parents and guardians of the students who are parties

14  to the investigation information about the

15  investigation and an opportunity to meet with the

16  principal or school administrator or his or her

17  designee to discuss the investigation, the findings of

18  the investigation, and the actions taken to address

19  the reported incident of bullying.

20  (6) Includes the interventions that can be taken to

21  address bullying, which may include, but are not limited

22  to, school social work services, restorative measures,

23  social-emotional skill building, counseling, school

24  psychological services, and community-based services.

25  (7) Includes a statement prohibiting reprisal or

26  retaliation against any person who reports an act of
    HB0862 Enrolled  - 79 - LRB104 04759 SPS 14786 b

1   bullying and the consequences and appropriate remedial

2   actions for a person who engages in reprisal or

3   retaliation.

4   (8) Includes consequences and appropriate remedial

5   actions for a person found to have falsely accused another

6   of bullying as a means of retaliation or as a means of

7   bullying.

8   (9) Is based on the engagement of a range of school

9   stakeholders, including students and parents or guardians.

10  (10) Is posted on the school district's, charter

11  school's, or non-public, non-sectarian elementary or

12  secondary school's existing, publicly accessible Internet

13  website, is included in the student handbook, and, where

14  applicable, posted where other policies, rules, and

15  standards of conduct are currently posted in the school

16  and provided periodically throughout the school year to

17  students and faculty, and is distributed annually to

18  parents, guardians, students, and school personnel,

19  including new employees when hired.

20  (11) As part of the process of reviewing and

21  re-evaluating the policy under subsection (d) of this

22  Section, contains a policy evaluation process to assess

23  the outcomes and effectiveness of the policy that

24  includes, but is not limited to, factors such as the

25  frequency of victimization; student, staff, and family

26  observations of safety at a school; identification of
    HB0862 Enrolled   - 80 - LRB104 04759 SPS 14786 b

1   areas of a school where bullying occurs; the types of

2   bullying utilized; and bystander intervention or

3   participation. The school district, charter school, or

4   non-public, non-sectarian elementary or secondary school

5   may use relevant data and information it already collects

6   for other purposes in the policy evaluation. The

7   information developed as a result of the policy evaluation

8   must be made available on the Internet website of the

9   school district, charter school, or non-public,

10  non-sectarian elementary or secondary school. If a an

11  Internet website is not available, the information must be

12  provided to school administrators, school board members,

13  school personnel, parents, guardians, and students.

14  (12) Is consistent with the policies of the school

15  board, charter school, or non-public, non-sectarian

16  elementary or secondary school.

17  (13) Requires all individual instances of bullying, as

18  well as all threats, suggestions, or instances of

19  self-harm determined to be the result of bullying, to be

20  reported to the parents or legal guardians of those

21  involved under the guidelines provided in paragraph (4) of

22  this definition.

23  "Restorative measures" means a continuum of school-based

24 alternatives to exclusionary discipline, such as suspensions

25 and expulsions, that: (i) are adapted to the particular needs

26 of the school and community, (ii) contribute to maintaining
    HB0862 Enrolled      - 81 - LRB104 04759 SPS 14786 b

1 school safety, (iii) protect the integrity of a positive and

2 productive learning climate, (iv) teach students the personal

3 and interpersonal skills they will need to be successful in

4 school and society, (v) serve to build and restore

5 relationships among students, families, schools, and

6 communities, (vi) reduce the likelihood of future disruption

7 by balancing accountability with an understanding of students'

8 behavioral health needs in order to keep students in school,

9 and (vii) increase student accountability if the incident of

10 bullying is based on religion, race, ethnicity, or any other

11 category that is identified in the Illinois Human Rights Act.

12  "School personnel" means persons employed by, on contract

13 with, or who volunteer in a school district, charter school,

14 or non-public, non-sectarian elementary or secondary school,

15 including, without limitation, school and school district

16 administrators, teachers, school social workers, school

17 counselors, school psychologists, school nurses, cafeteria

18 workers, custodians, bus drivers, school resource officers,

19 and security guards.

20  "Unauthorized digital replica" means the use of a digital

21 replica of an individual without the consent of the depicted

22 individual.

23  (c) (Blank).

24  (d) Each school district, charter school, and non-public,

25 non-sectarian elementary or secondary school shall create,

26 maintain, and implement a policy on bullying, which policy
HB0862 Enrolled  - 82 - LRB104 04759 SPS 14786 b

 1 must be filed with the State Board of Education. The policy on
 2 bullying shall be based on the State Board of Education's
 3 template for a model bullying prevention policy under
 4 subsection (h) and shall include the criteria set forth in the
 5 definition of "policy on bullying". The policy or implementing
 6 procedure shall include a process to investigate whether a
 7 reported act of bullying is within the permissible scope of
 8 the district's or school's jurisdiction and shall require that
 9 the district or school provide the victim with information
10 regarding services that are available within the district and
11 community, such as counseling, support services, and other
12 programs. School personnel available for help with a bully or
13 to make a report about bullying shall be made known to parents
14 or legal guardians, students, and school personnel. Every 2
15 years, each school district, charter school, and non-public,
16 non-sectarian elementary or secondary school shall conduct a
17 review and re-evaluation of its policy and make any necessary
18 and appropriate revisions. No later than September 30 of the
19 subject year, the policy must be filed with the State Board of
20 Education after being updated. The State Board of Education
21 shall monitor and provide technical support for the
22 implementation of policies created under this subsection (d).
23 In monitoring the implementation of the policies, the State
24 Board of Education shall review each filed policy on bullying
25 to ensure all policies meet the requirements set forth in this
26 Section, including ensuring that each policy meets the 13
    HB0862 Enrolled  - 83 - LRB104 04759 SPS 14786 b

1 criteria criterion identified within the definition of "policy

2 on bullying" set forth in this Section.

3   If a school district, charter school, or non-public,

4 non-sectarian elementary or secondary school fails to file a

5 policy on bullying by September 30 of the subject year, the

6 State Board of Education shall provide a written request for

7 filing to the school district, charter school, or non-public,

8 non-sectarian elementary or secondary school. If a school

9 district, charter school, or non-public, non-sectarian

10 elementary or secondary school fails to file a policy on

11 bullying within 14 days of receipt of the aforementioned

12 written request, the State Board of Education shall publish

13 notice of the non-compliance on the State Board of Education's

14 website.

15  Each school district, charter school, and non-public,

16 non-sectarian elementary or secondary school may provide

17 evidence-based professional development and youth programming

18 on bullying prevention that is consistent with the provisions

19 of this Section.

20  (e) This Section shall not be interpreted to prevent a

21 victim from seeking redress under any other available civil or

22 criminal law.

23  (f) School districts, charter schools, and non-public,

24 non-sectarian elementary and secondary schools shall collect,

25 maintain, and submit to the State Board of Education

26 non-identifiable data regarding verified allegations of
    HB0862 Enrolled  - 84 - LRB104 04759 SPS 14786 b

1 bullying within the school district, charter school, or

2 non-public, non-sectarian elementary or secondary school.

3 School districts, charter schools, and non-public,

4 non-sectarian elementary and secondary schools must submit

5 such data in an annual report due to the State Board of

6 Education no later than August 15 of each year starting with

7 the 2024-2025 school year through the 2030-2031 school year.

8 The State Board of Education shall adopt rules for the

9 submission of data that includes, but is not limited to: (i) a

10 record of each verified allegation of bullying and action

11 taken; and (ii) whether the instance of bullying was based on

12 actual or perceived characteristics identified in subsection

13 (a) and, if so, lists the relevant characteristics. The rules

14 for the submission of data shall be consistent with federal

15 and State laws and rules governing student privacy rights,

16 including, but not limited to, the federal Family Educational

17 Rights and Privacy Act of 1974 and the Illinois School Student

18 Records Act, which shall include, without limitation, a record

19 of each complaint and action taken. The State Board of

20 Education shall adopt rules regarding the notification of

21 school districts, charter schools, and non-public,

22 non-sectarian elementary and secondary schools that fail to

23 comply with the requirements of this subsection.

24  (g) Upon the request of a parent or legal guardian of a

25 child enrolled in a school district, charter school, or

26 non-public, non-sectarian elementary or secondary school
    HB0862 Enrolled    - 85 - LRB104 04759 SPS 14786 b

1 within this State, the State Board of Education must provide

2 non-identifiable data on the number of bullying allegations

3 and incidents in a given year in the school district, charter

4 school, or non-public, non-sectarian elementary or secondary

5 school to the requesting parent or legal guardian. The State

6 Board of Education shall adopt rules regarding (i) the

7 handling of such data, (ii) maintaining the privacy of the

8 students and families involved, and (iii) best practices for

9 sharing numerical data with parents and legal guardians.

10  (h) By January 1, 2024, the State Board of Education shall

11 post on its Internet website a template for a model bullying

12 prevention policy.

13  (i) (Blank). The Illinois Bullying and Cyberbullying

14 Prevention Fund is created as a special fund in the State

15 treasury. Any moneys appropriated to the Fund may be used,

16 subject to appropriation, by the State Board of Education for

17 the purposes of subsection (j).

18  (j) Subject to appropriation, the State Superintendent of

19 Education may provide a grant to a school district, charter

20 school, or non-public, non-sectarian elementary or secondary

21 school to support its anti-bullying programming. Grants may be

22 awarded from the Illinois Bullying and Cyberbullying

23 Prevention Fund. School districts, charter schools, and

24 non-public, non-sectarian elementary or secondary schools that

25 are not in compliance with subsection (f) are not eligible to

26 receive a grant under this subsection from the Illinois
    HB0862 Enrolled        - 86 - LRB104 04759 SPS 14786 b

1 Bullying and Cyberbullying Prevention Fund.
2 (Source: P.A. 103-47, eff. 6-9-23; 104-338, eff. 7-1-26;
3 104-391, eff. 8-15-25; revised 9-24-25.)

4   Section 5-110. The Public Utilities Act is amended by

5 changing Sections 13-301.3, 13-305, 13-502.5, and 21-1101 as

6 follows:

7   (220 ILCS 5/13-301.3)

8   (Section scheduled to be repealed on January 1, 2030)

9   Sec. 13-301.3. Digital Divide Elimination Infrastructure

10 Program.

11  (a) The Digital Divide Elimination Infrastructure Fund is

12 created as a special fund in the State treasury. All moneys in

13 the Fund shall be used, subject to appropriation, by the

14 Commission to fund (i) the construction of facilities

15 specified in Commission rules adopted under this Section and

16 (ii) the accessible electronic information program, as

17 provided in Section 20 of the Accessible Electronic

18 Information Act. The Commission may accept private and public

19 funds, including federal funds, for deposit into the Fund.

20 Earnings attributable to moneys in the Fund shall be deposited

21 into the Fund.

22  (b) The Commission shall adopt rules under which it will

23 make grants out of funds appropriated from the Digital Divide

24 Elimination Infrastructure Fund to eligible entities as
    HB0862 Enrolled  - 87 - LRB104 04759 SPS 14786 b

1 specified in the rules for the construction of high-speed data

2 transmission facilities in eligible areas of the State. For

3 purposes of determining whether an area is an eligible area,

4 the Commission shall consider, among other things, whether (i)

5 in such area, advanced telecommunications services, as defined

6 in subsection (c) of Section 13-517 of this Act, are

7 under-provided to residential or small business end users,

8 either directly or indirectly through an Internet Service

9 Provider, (ii) such area has a low population density, and

10 (iii) such area has not yet developed a competitive market for

11 advanced services. In addition, if an entity seeking a grant

12 of funds from the Digital Divide Elimination Infrastructure

13 Fund is an incumbent local exchange carrier having the duty to

14 serve such area, and the obligation to provide advanced

15 services to such area pursuant to Section 13-517 of this Act,

16 the entity shall demonstrate that it has sought and obtained

17 an exemption from such obligation pursuant to subsection (b)

18 of Section 13-517. Any entity seeking a grant of funds from the

19 Digital Divide Elimination Infrastructure Fund shall

20 demonstrate to the Commission that the grant shall be used for

21 the construction of high-speed data transmission facilities in

22 an eligible area and demonstrate that it satisfies all other

23 requirements of the Commission's rules. The Commission shall

24 determine the information that it deems necessary to award

25 grants pursuant to this Section.

26  (c) The rules of the Commission shall provide for the
    HB0862 Enrolled           - 88 - LRB104 04759 SPS 14786 b

1 competitive selection of recipients of grant funds available

2 from the Digital Divide Elimination Infrastructure Fund

3 pursuant to the Illinois Procurement Code. Grants shall be

4 awarded to bidders chosen on the basis of the criteria

5 established in such rules.

6   (d) All entities awarded grant moneys under this Section

7 shall maintain all records required by Commission rule for the

8 period of time specified in the rules. Such records shall be

9 subject to audit by the Commission, by any auditor appointed

10 by the State, or by any State officer authorized to conduct

11 audits.

12  (e) On July 1, 2026 or as soon thereafter as practical, the

13 State Comptroller shall direct and the State Treasurer shall

14 transfer the remaining balance from the Digital Divide

15 Elimination Infrastructure Fund into the General Revenue Fund.

16 Upon completion of the transfer, the Digital Divide

17 Elimination Infrastructure Fund is dissolved, and any future

18 deposits due to that Fund and any outstanding obligations or

19 liabilities of that Fund pass to the General Revenue Fund.

20 This Section is repealed on January 1, 2027.

21 (Source: P.A. 100-20, eff. 7-1-17.)

22  (220 ILCS 5/13-305)

23  (Section scheduled to be repealed on January 1, 2030)

24  Sec. 13-305. Amount of civil penalty. A telecommunications

25 carrier, any corporation other than a telecommunications
    HB0862 Enrolled  - 89 - LRB104 04759 SPS 14786 b

1 carrier, or any person acting as a telecommunications carrier

2 that violates or fails to comply with any provisions of this

3 Act or that fails to obey, observe, or comply with any order,

4 decision, rule, regulation, direction, or requirement, or any

5 part or provision thereof, of the Commission, made or issued

6 under authority of this Act, in a case in which a civil penalty

7 is not otherwise provided for in this Act, but excepting

8 Section 5-202 of the Act, shall be subject to a civil penalty

9 imposed in the manner provided in Section 13-304 of no more

10 than $30,000 or 0.00825% of the carrier's gross intrastate

11 annual telecommunications revenue, whichever is greater, for

12 each offense unless the violator has fewer than 35,000

13 subscriber access lines, in which case the civil penalty may

14 not exceed $2,000 for each offense.

15  A telecommunications carrier subject to administrative

16 penalties resulting from a final Commission order approving an

17 intercorporate transaction entered pursuant to Section 7-204

18 of this Act shall be subject to penalties under this Section

19 imposed for the same conduct only to the extent that such

20 penalties exceed those imposed by the final Commission order.

21  Every violation of the provisions of this Act or of any

22 order, decision, rule, regulation, direction, or requirement

23 of the Commission, or any part or provision thereof, by any

24 corporation or person, is a separate and distinct offense.

25 Penalties under this Section shall attach and begin to accrue

26 from the day after written notice is delivered to such party or
    HB0862 Enrolled      - 90 - LRB104 04759 SPS 14786 b

1 parties that they are in violation of or have failed to comply

2 with this Act or an order, decision, rule, regulation,

3 direction, or requirement of the Commission, or part or

4 provision thereof. In case of a continuing violation, each

5 day's continuance thereof shall be a separate and distinct

6 offense.

7   In construing and enforcing the provisions of this Act

8 relating to penalties, the act, omission, or failure of any

9 officer, agent, or employee of any telecommunications carrier

10 or of any person acting within the scope of his or her duties

11 or employment shall in every case be deemed to be the act,

12 omission, or failure of such telecommunications carrier or

13 person.

14  If the party who has violated or failed to comply with this

15 Act or an order, decision, rule, regulation, direction, or

16 requirement of the Commission, or any part or provision

17 thereof, fails to seek timely review pursuant to Sections

18 10-113 and 10-201 of this Act, the party shall, upon

19 expiration of the statutory time limit, be subject to the

20 civil penalty provision of this Section.

21  All Twenty percent of all moneys collected under this

22 Section shall be deposited into the Digital Divide Elimination

23 Fund and 20% of all moneys collected under this Section shall

24 be deposited into the Digital Divide Elimination

25 Infrastructure Fund.

26 (Source: P.A. 100-20, eff. 7-1-17.)
    HB0862 Enrolled             - 91 - LRB104 04759 SPS 14786 b

1   (220 ILCS 5/13-502.5)

2   (Section scheduled to be repealed on January 1, 2030)

3   Sec. 13-502.5. Services alleged to be improperly

4 classified.

5   (a) Any action or proceeding pending before the Commission

6 on June 30, 2001 ( upon the effective date of Public Act 92-22)

7 this amendatory Act of the 92nd General Assembly in which it is

8 alleged that a telecommunications carrier has improperly

9 classified services as competitive, other than a case

10 pertaining to Section 13-506.1, shall be abated and shall not

11 be maintained or continued.

12  (b) All retail telecommunications services provided to

13 business end users by any telecommunications carrier subject,

14 as of May 1, 2001, to alternative regulation under an

15 alternative regulation plan pursuant to Section 13-506.1 of

16 this Act shall be classified as competitive as of June 30, 2001

17 (the effective date of Public Act 92-22) this amendatory Act

18 of the 92nd General Assembly without further Commission

19 review. Rates for retail telecommunications services provided

20 to business end users with 4 or fewer access lines shall not

21 exceed the rates the carrier charged for those services on May

22 1, 2001. This restriction upon the rates of retail

23 telecommunications services provided to business end users

24 shall remain in force and effect through July 1, 2005;

25 provided, however, that nothing in this Section shall be
    HB0862 Enrolled  - 92 - LRB104 04759 SPS 14786 b

1 construed to prohibit reduction of those rates. Rates for

2 retail telecommunications services provided to business end

3 users with 5 or more access lines shall not be subject to the

4 restrictions set forth in this subsection.

5   (c) All retail vertical services, as defined herein, that

6 are provided by a telecommunications carrier subject, as of

7 May 1, 2001, to alternative regulation under an alternative

8 regulation plan pursuant to Section 13-506.1 of this Act shall

9 be classified as competitive as of June 1, 2003 without

10 further Commission review. Retail vertical services shall

11 include, for purposes of this Section, services available on a

12 subscriber's telephone line that the subscriber pays for on a

13 periodic or per use basis, but shall not include caller

14 identification and call waiting.

15  (d) Any action or proceeding before the Commission on June

16 30, 2001 ( upon the effective date of Public Act 92-22) this

17 amendatory Act of the 92nd General Assembly, in which it is

18 alleged that a telecommunications carrier has improperly

19 classified services as competitive, other than a case

20 pertaining to Section 13-506.1, shall be abated and the

21 services the classification of which is at issue shall be

22 deemed either competitive or noncompetitive as set forth in

23 this Section. Any telecommunications carrier subject to an

24 action or proceeding in which it is alleged that the

25 telecommunications carrier has improperly classified services

26 as competitive shall be deemed liable to refund, and shall
    HB0862 Enrolled             - 93 - LRB104 04759 SPS 14786 b

1 refund, the sum of $90,000,000 to that class or those classes

2 of its customers that were alleged to have paid rates in excess

3 of noncompetitive rates as the result of the alleged improper

4 classification. The telecommunications carrier shall make the

5 refund no later than 120 days after June 30, 2001 (the

6 effective date of Public Act 92-22) this amendatory Act of the

7 92nd General Assembly.

8   (e) Any telecommunications carrier subject to an action or

9 proceeding in which it is alleged that the telecommunications

10 carrier has improperly classified services as competitive

11 shall also pay the sum of $15,000,000 to the Digital Divide

12 Elimination Fund (now repealed) established pursuant to

13 Section 5-20 of the Eliminate the Digital Divide Law, and

14 shall further pay the sum of $15,000,000 to the Digital Divide

15 Elimination Infrastructure Fund established pursuant to

16 Section 13-301.3 of this Act. The telecommunications carrier

17 shall make each of these payments in 3 installments of

18 $5,000,000, payable on July 1 of 2002, 2003, and 2004. The

19 telecommunications carrier shall have no further accounting

20 for these payments, which shall be used for the purposes

21 established in the Eliminate the Digital Divide Law.

22  (f) All other services shall be classified pursuant to

23 Section 13-502 of this Act.

24 (Source: P.A. 100-20, eff. 7-1-17.)

25  (220 ILCS 5/21-1101)
    HB0862 Enrolled     - 94 - LRB104 04759 SPS 14786 b

1   (Section scheduled to be repealed on January 1, 2030)

2   Sec. 21-1101. Requirements to provide video services.

3   (a) The holder of a State-issued authorization shall not

4 deny access to cable service or video service to any potential

5 residential subscribers because of the race or income of the

6 residents in the local area in which the potential subscribers

7 reside.

8   (b) (Blank).

9   (c)(1) If the holder of a State-issued authorization is

10 using telecommunications facilities to provide cable or video

11 service and has more than 1,000,000 telecommunications access

12 lines in this State, the holder shall provide access to its

13 cable or video service to a number of households equal to at

14 least 35% of the households in the holder's telecommunications

15 service area in the State within 3 years after the date a

16 holder receives a State-issued authorization from the

17 Commission and to a number not less than 50% of these

18 households within 5 years after the date a holder receives a

19 State-issued authorization from the Commission; provided that

20 the holder of a State-issued authorization is not required to

21 meet the 50% requirement in this paragraph (1) until 2 years

22 after at least 15% of the households with access to the

23 holder's video service subscribe to the service for 6

24 consecutive months.

25  The holder's obligation to provide such access in the

26 State shall be distributed, as the holder determines, within 3
    HB0862 Enrolled  - 95 - LRB104 04759 SPS 14786 b

1 designated market areas, one in each of the northeastern,

2 central, and southwestern portions of the holder's

3 telecommunications service area in the State. The designated

4 market area for the northeastern portion shall consist of 2

5 separate and distinct reporting areas: (i) a city with more

6 than 1,000,000 inhabitants, and (ii) all other local units of

7 government on a combined basis within such designated market

8 area in which it offers video service.

9   If any state, in which a holder subject to this subsection

10 (c) or one of its affiliates provides or seeks to provide cable

11 or video service, adopts a law permitting state-issued

12 authorization or statewide franchises to provide cable or

13 video service that requires a cable or video provider to offer

14 service to more than 35% of the households in the cable or

15 video provider's service area in that state within 3 years,

16 holders subject to this subsection (c) shall provide service

17 in this State to the same percentage of households within 3

18 years of adoption of such law in that state.

19  Furthermore, if any state, in which a holder subject to

20 this subsection (c) or one of its affiliates provides or seeks

21 to provide cable or video service, adopts a law requiring a

22 holder of a state-issued authorization or statewide franchises

23 to offer cable or video service to more than 35% of its

24 households if less than 15% of the households with access to

25 the holder's video service subscribe to the service for 6

26 consecutive months, then as a precondition to further
    HB0862 Enrolled          - 96 - LRB104 04759 SPS 14786 b

1 build-out, holders subject to this subsection (c) shall be

2 subject to the same percentage of service subscription in

3 meeting its obligation to provide service to 50% of the

4 households in this State.

5   (2) Within 3 years after the date a holder receives a

6 State-issued authorization from the Commission, at least 30%

7 of the total households with access to the holder's cable or

8 video service shall be low-income.

9   Within each designated market area listed in paragraph (1)

10 of this subsection (c), the holder's obligation to offer

11 service to low-income households shall be measured by each

12 exchange, as that term is defined in Section 13-206 of this Act

13 in which the holder chooses to provide cable or video service.

14 The holder is under no obligation to serve or provide access to

15 an entire exchange; however, in addition to the statewide

16 obligation to provide low-income access provided by this

17 Section, in each exchange in which the holder chooses to

18 provide cable or video service, the holder shall provide

19 access to a percentage of low-income households that is at

20 least equal to the percentage of the total low-income

21 households within that exchange.

22  (d)(1) All other holders shall only provide access to one

23 or more exchanges, as that term is defined in Section 13-206 of

24 this Act, or to local units of government and shall provide

25 access to their cable or video service to a number of

26 households equal to 35% of the households in the exchange or
    HB0862 Enrolled  - 97 - LRB104 04759 SPS 14786 b

1 local unit of government within 3 years after the date a holder

2 receives a State-issued authorization from the Commission and

3 to a number not less than 50% of these households within 5

4 years after the date a holder receives a State-issued

5 authorization from the Commission, provided that if the holder

6 is an incumbent cable operator or any successor-in-interest

7 company, it shall be obligated to provide access to cable or

8 video services within the jurisdiction of a local unit of

9 government at the same levels required by the local

10 franchising authorities for that local unit of government on

11 June 30, 2007 (the effective date of Public Act 95-9).

12  (2) Within 3 years after the date a holder receives a

13 State-issued authorization from the Commission, at least 30%

14 of the total households with access to the holder's cable or

15 video service shall be low-income.

16  Within each designated exchange, as that term is defined

17 in Section 13-206 of this Act, or local unit of government

18 listed in paragraph (1) of this subsection (d), the holder's

19 obligation to offer service to low-income households shall be

20 measured by each exchange or local unit of government in which

21 the holder chooses to provide cable or video service. Except

22 as provided in paragraph (1) of this subsection (d), the

23 holder is under no obligation to serve or provide access to an

24 entire exchange or local unit of government; however, in

25 addition to the statewide obligation to provide low-income

26 access provided by this Section, in each exchange or local
    HB0862 Enrolled       - 98 - LRB104 04759 SPS 14786 b

1 unit of government in which the holder chooses to provide

2 cable or video service, the holder shall provide access to a

3 percentage of low-income households that is at least equal to

4 the percentage of the total low-income households within that

5 exchange or local unit of government.

6   (e) A holder subject to subsection (c) of this Section

7 shall provide wireline broadband service, defined as wireline

8 service, capable of supporting, in at least one direction, a

9 speed in excess of 200 kilobits per second (kbps), to the

10 network demarcation point at the subscriber's premises, to a

11 number of households equal to 90% of the households in the

12 holder's telecommunications service area by December 31, 2008,

13 or shall pay within 30 days of December 31, 2008 a sum of

14 $15,000,000 to the Digital Divide Elimination Infrastructure

15 Fund (now repealed) established pursuant to Section 13-301.3

16 of this Act, or any successor fund established by the General

17 Assembly. In that event the holder is required to make a

18 payment pursuant to this subsection (e), the holder shall have

19 no further accounting for this payment, which shall be used in

20 any part of the State for the purposes established in the

21 Digital Divide Elimination Infrastructure Fund or for

22 broadband deployment.

23  (f) The holder of a State-issued authorization may satisfy

24 the requirements of subsections (c) and (d) of this Section

25 through the use of any technology, which shall not include

26 direct-to-home satellite service, that offers service,
    HB0862 Enrolled  - 99 - LRB104 04759 SPS 14786 b

1 functionality, and content that is demonstrably similar to

2 that provided through the holder's video service system.

3   (g) In any investigation into or complaint alleging that

4 the holder of a State-issued authorization has failed to meet

5 the requirements of this Section, the following factors may be

6 considered in justification or mitigation or as justification

7 for an extension of time to meet the requirements of

8 subsections (c) and (d) of this Section:

9   (1) The inability to obtain access to public and

10  private rights-of-way under reasonable terms and

11  conditions.

12  (2) Barriers to competition arising from existing

13  exclusive service arrangements in developments or

14  buildings.

15  (3) The inability to access developments or buildings

16  using reasonable technical solutions under commercially

17  reasonable terms and conditions.

18  (4) Natural disasters.

19  (5) Other factors beyond the control of the holder.

20  (h) If the holder relies on the factors identified in

21 subsection (g) of this Section in response to an investigation

22 or complaint, the holder shall demonstrate the following:

23  (1) what substantial effort the holder of a

24  State-issued authorization has taken to meet the

25  requirements of subsection (a) or (c) of this Section;

26  (2) which portions of subsection (g) of this Section
    HB0862 Enrolled  - 100 - LRB104 04759 SPS 14786 b

1   apply; and

2   (3) the number of days it has been delayed or the

3   requirements it cannot perform as a consequence of

4   subsection (g) of this Section.

5   (i) The factors in subsection (g) of this Section may be

6 considered by the Attorney General or by a court of competent

7 jurisdiction in determining whether the holder is in violation

8 of this Article.

9   (j) Every holder of a State-issued authorization, no later

10 than April 1, 2009, and annually no later than April 1

11 thereafter, shall report to the Commission for each of the

12 service areas as described in subsections (c) and (d) of this

13 Section in which it provides access to its video service in the

14 State, the following information:

15  (1) Cable service and video service information:

16  (A) The number of households in the holder's

17  telecommunications service area within each designated

18  market area as described in subsection (c) of this

19  Section or exchange or local unit of government as

20  described in subsection (d) of this Section in which

21  it offers video service.

22  (B) The number of households in the holder's

23  telecommunications service area within each designated

24  market area as described in subsection (c) of this

25  Section or exchange or local unit of government as

26  described in subsection (d) of this Section that are
    HB0862 Enrolled  - 101 - LRB104 04759 SPS 14786 b

1   offered access to video service by the holder.

2   (C) The number of households in the holder's

3   telecommunications service area in the State.

4   (D) The number of households in the holder's

5   telecommunications service area in the State that are

6   offered access to video service by the holder.

7   (2) Low-income household information:

8   (A) The number of low-income households in the

9   holder's telecommunications service area within each

10  designated market area as described in subsection (c)

11  of this Section, as further identified in terms of

12  exchanges, or exchange or local unit of government as

13  described in subsection (d) of this Section in which

14  it offers video service.

15  (B) The number of low-income households in the

16  holder's telecommunications service area within each

17  designated market area as described in subsection (c)

18  of this Section, as further identified in terms of

19  exchanges, or exchange or local unit of government as

20  described in subsection (d) of this Section in the

21  State that are offered access to video service by the

22  holder.

23  (C) The number of low-income households in the

24  holder's telecommunications service area in the State.

25  (D) The number of low-income households in the

26  holder's telecommunications service area in the State
    HB0862 Enrolled  - 102 - LRB104 04759 SPS 14786 b

1   that are offered access to video service by the

2   holder.

3   (j-5) The requirements of subsection (c) of this Section

4 shall be satisfied upon the filing of an annual report with the

5 Commission in compliance with subsection (j) of this Section,

6 including an annual report filed prior to June 28, 2013 (the

7 effective date of Public Act 98-45) this amendatory Act of the

8 98th General Assembly, that demonstrates the holder of the

9 authorization has satisfied the requirements of subsection (c)

10 of this Section for each of the service areas in which it

11 provides access to its cable service or video service in the

12 State. Notwithstanding the continued application of this

13 Article to the holder, upon satisfaction of the requirements

14 of subsection (c) of this Section, only the requirements of

15 subsection (a) of this Section 21-1101 of this Act and the

16 following reporting requirements shall continue to apply to

17 such holder:

18  (1) Cable service and video service information:

19               (A) The number of households in the holder's

20  telecommunications service area within each designated

21  market area in which it offers cable service or video

22  service.

23               (B) The number of households in the holder's

24  telecommunications service area within each designated

25  market area that are offered access to cable service

26  or video service by the holder.
    HB0862 Enrolled     - 103 - LRB104 04759 SPS 14786 b

1   (C) The number of households in the holder's

2   telecommunications service area in the State.

3   (D) The number of households in the holder's

4   telecommunications service area in the State that are

5   offered access to cable service or video service by

6   the holder.

7   (E) The exchanges or local units of government in

8   which the holder added cable service or video service

9   in the prior year.

10  (2) Low-income household information:

11  (A) The number of low-income households in the

12  holder's telecommunications service area within each

13  designated market area in which it offers video

14  service.

15  (B) The number of low-income households in the

16  holder's telecommunications service area within each

17  designated market area that are offered access to

18  video service by the holder.

19  (C) The number of low-income households in the

20  holder's telecommunications service area in the State.

21  (D) The number of low-income households in the

22  holder's telecommunications service area in the State

23  that are offered access to video service by the

24  holder.

25  (j-10) The requirements of subsection (d) of this Section

26 shall be satisfied upon the filing of an annual report with the
    HB0862 Enrolled     - 104 - LRB104 04759 SPS 14786 b

1 Commission in compliance with subsection (j) of this Section,

2 including an annual report filed prior to June 28, 2013 (the

3 effective date of Public Act 98-45) this amendatory Act of the

4 98th General Assembly, that demonstrates the holder of the

5 authorization has satisfied the requirements of subsection (d)

6 of this Section for each of the service areas in which it

7 provides access to its cable service or video service in the

8 State. Notwithstanding the continued application of this

9 Article to the holder, upon satisfaction of the requirements

10 of subsection (d) of this Section, only the requirements of

11 subsection (a) of this Section and the following reporting

12 requirements shall continue to apply to such holder:

13  (1) Cable service and video service information:

14  (A) The number of households in the holder's

15  footprint in which it offers cable service or video

16  service.

17  (B) The number of households in the holder's

18  footprint that are offered access to cable service or

19  video service by the holder.

20  (C) The exchanges or local units of government in

21  which the holder added cable service or video service

22  in the prior year.

23  (2) Low-income household information:

24  (A) The number of low-income households in the

25  holder's footprint in which it offers cable service or

26  video service.
    HB0862 Enrolled   - 105 - LRB104 04759 SPS 14786 b

1   (B) The number of low-income households in the

2   holder's footprint that are offered access to cable

3   service or video service by the holder.

4   (k) The Commission, within 30 days of receiving the first

5 report from holders under this Section, and annually no later

6 than July 1 thereafter, shall submit to the General Assembly a

7 report that includes, based on year-end data, the information

8 submitted by holders pursuant to subdivisions (1) and (2) of

9 subsections (j), (j-5), and (j-10) of this Section. The

10 Commission shall make this report available to any member of

11 the public or any local unit of government upon request. All

12 information submitted to the Commission and designated by

13 holders as confidential and proprietary shall be subject to

14 the disclosure provisions in subsection (c) of Section 21-401

15 of this Act. No individually identifiable customer information

16 shall be subject to public disclosure.

17 (Source: P.A. 100-20, eff. 7-1-17.)

18  Section 5-115. The Acupuncture Practice Act is amended by

19 changing Section 135 as follows:

20  (225 ILCS 2/135)

21  (Section scheduled to be repealed on January 1, 2028)

22  Sec. 135. Criminal violations. Whoever knowingly practices

23 or offers to practice acupuncture in this State without being

24 licensed for that purpose shall be guilty of a Class A
    HB0862 Enrolled  - 106 - LRB104 04759 SPS 14786 b

 1 misdemeanor and for each subsequent conviction shall be guilty
 2 of a Class 4 felony. Notwithstanding any other provision of
 3 this Act, all criminal fines, moneys, or other property
 4 collected or received by the Department under this Section or
 5 any other State or federal statute, including but not limited
 6 to property forfeited to the Department under Section 505 of
 7 the Illinois Controlled Substances Act or Section 85 of the
 8 Methamphetamine Control and Community Protection Act, shall be
 9 deposited into the General Professions Dedicated Professional
10 Regulation Evidence Fund.
11 (Source: P.A. 94-556, eff. 9-11-05.)

12  Section 5-120. The Illinois Dental Practice Act is amended

13 by changing Section 38 as follows:

14  (225 ILCS 25/38) (from Ch. 111, par. 2338)

15  (Section scheduled to be repealed on January 1, 2031)

16  Sec. 38. Penalty of unlawful practice - second and

17 subsequent offenses. Any person who practices or offers to

18 practice dentistry in this State without being licensed for

19 that purpose, or whose license has been suspended or revoked

20 or is inactive or non-renewed, or who violates any of the

21 provisions of this Act, for which no specific penalty has been

22 provided herein, is guilty of a Class A misdemeanor.

23  Any person who has been previously convicted under any of

24 the provisions of this Act and who subsequently violates any
    HB0862 Enrolled      - 107 - LRB104 04759 SPS 14786 b

1 of the provisions of this Act is guilty of a Class 4 felony. In
2 addition, whenever any person is punished as a subsequent
3 offender under this Section, the Secretary shall proceed to
4 obtain a permanent injunction against such person under
5 Section 37 of this Act. All fines collected under this Section
6 shall be deposited into in the General Professions Dedicated
7 Professional Regulation Evidence Fund.
8 (Source: P.A. 97-1013, eff. 8-17-12.)

9   Section 5-125. The Medical Practice Act of 1987 is amended

10 by changing Section 60 as follows:

11  (225 ILCS 60/60) (from Ch. 111, par. 4400-60)

12  (Section scheduled to be repealed on January 1, 2027)

13  Sec. 60. All such fines shall be deposited into in the

14 General Professions Dedicated Professional Regulation Evidence

15 Fund.

16 (Source: P.A. 85-4.)

17  Section 5-130. The Naprapathic Practice Act is amended by

18 changing Section 123 as follows:

19  (225 ILCS 63/123)

20  (Section scheduled to be repealed on January 1, 2028)

21  Sec. 123. Violation; penalty. Whoever knowingly practices

22 or offers to practice naprapathy in this State without being
    HB0862 Enrolled  - 108 - LRB104 04759 SPS 14786 b

 1 licensed for that purpose shall be guilty of a Class A
 2 misdemeanor and for each subsequent conviction shall be guilty
 3 of a Class 4 felony. Notwithstanding any other provision of
 4 this Act, all criminal fines, moneys, or other property
 5 collected or received by the Department under this Section or
 6 any other State or federal statute, including, but not limited
 7 to, property forfeited to the Department under Section 505 of
 8 the Illinois Controlled Substances Act or Section 85 of the
 9 Methamphetamine Control and Community Protection Act, shall be
10 deposited into the General Professions Dedicated Professional
11 Regulation Evidence Fund.
12 (Source: P.A. 94-556, eff. 9-11-05.)

13  Section 5-135. The Nurse Practice Act is amended by

14 changing Section 70-75 as follows:

15  (225 ILCS 65/70-75) (was 225 ILCS 65/20-75)

16  (Section scheduled to be repealed on January 1, 2028)

17  Sec. 70-75. Injunctive remedies.

18  (a) If any person violates the provision of this Act, the

19 Secretary may, in the name of the People of the State of

20 Illinois, through the Attorney General of the State of

21 Illinois, or the State's Attorney of any county in which the

22 action is brought, petition for an order enjoining such

23 violation or for an order enforcing compliance with this Act.

24 Upon the filing of a petition in court, the court may issue a
    HB0862 Enrolled      - 109 - LRB104 04759 SPS 14786 b

1 temporary restraining order, without notice or bond, and may

2 preliminarily and permanently enjoin such violation, and if it

3 is established that such person has violated or is violating

4 the injunction, the court may punish the offender for contempt

5 of court. Proceedings under this Section shall be in addition

6 to, and not in lieu of, all other remedies and penalties

7 provided by this Act.

8   (b) If any person shall practice as a nurse or hold herself

9 or himself out as a nurse without being licensed under the

10 provisions of this Act, then any licensed nurse, any

11 interested party, or any person injured thereby may, in

12 addition to the Secretary, petition for relief as provided in

13 subsection (a) of this Section.

14  (b-5) Whoever knowingly practices or offers to practice

15 nursing in this State without a license for that purpose shall

16 be guilty of a Class A misdemeanor and for each subsequent

17 conviction, shall be guilty of a Class 4 felony. All criminal

18 fines, moneys monies, or other property collected or received

19 by the Department under this Section or any other State or

20 federal statute, including, but not limited to, property

21 forfeited to the Department under Section 505 of the Illinois

22 Controlled Substances Act or Section 85 of the Methamphetamine

23 Control and Community Protection Act, shall be deposited into

24 the General Professions Dedicated Professional Regulation

25 Evidence Fund.

26  (c) Whenever in the opinion of the Department any person
    HB0862 Enrolled  - 110 - LRB104 04759 SPS 14786 b

1 violates any provision of this Act, the Department may issue a
2 rule to show cause why an order to cease and desist should not
3 be entered against him. The rule shall clearly set forth the
4 grounds relied upon by the Department and shall provide a
5 period of 7 days from the date of the rule to file an answer to
6 the satisfaction of the Department. Failure to answer to the
7 satisfaction of the Department shall cause an order to cease
8 and desist to be issued forthwith.
9 (Source: P.A. 100-513, eff. 1-1-18.)

10  Section 5-140. The Podiatric Medical Practice Act of 1987

11 is amended by changing Section 41 as follows:

12  (225 ILCS 100/41) (from Ch. 111, par. 4841)

13  (Section scheduled to be repealed on January 1, 2028)

14  Sec. 41. Violations. Any person who is found to have

15 violated any provisions of this Act is guilty of a Class A

16 misdemeanor. All criminal fines, moneys monies, or other

17 property collected or received by the Department under this

18 Section or any other State or federal statute, including, but

19 not limited to, property forfeited to the Department under

20 Section 505 of the Illinois Controlled Substances Act or

21 Section 85 of the Methamphetamine Control and Community

22 Protection Act, shall be deposited into the General

23 Professions Dedicated Professional Regulation Evidence Fund.

24  The Board, with the advice of the Secretary and attorneys
    HB0862 Enrolled           - 111 - LRB104 04759 SPS 14786 b

1 for the Department, may establish by rule a schedule of fines

2 payable by those who have violated any provisions of this Act.

3   Fines assessed and collected for violations of this Act

4 shall be deposited into in the Illinois State Podiatric

5 Medical Disciplinary Fund.

6 (Source: P.A. 94-556, eff. 9-11-05; 95-235, eff. 8-17-07.)

7   Section 5-145. The Veterinary Medicine and Surgery

8 Practice Act of 2004 is amended by changing Sections 25.16 and

9 25.18 as follows:

10  (225 ILCS 115/25.16) (from Ch. 111, par. 7025.16)

11  (Section scheduled to be repealed on January 1, 2029)

12  Sec. 25.16. Any person who is found to have violated any

13 provision of this Act is guilty of a Class A misdemeanor for

14 the first offense. On conviction of a second or subsequent

15 offense, the violator shall be guilty of a Class 4 felony. All

16 criminal fines, moneys monies, or other property collected or

17 received by the Department under this Section or any other

18 State or federal statute, including, but not limited to,

19 property forfeited to the Department under Section 505 of the

20 Illinois Controlled Substances Act or Section 85 of the

21 Methamphetamine Control and Community Protection Act, shall be

22 deposited into the General Professions Dedicated Professional

23 Regulation Evidence Fund.

24 (Source: P.A. 98-339, eff. 12-31-13.)
    HB0862 Enrolled       - 112 - LRB104 04759 SPS 14786 b

1   (225 ILCS 115/25.18)

2   (Section scheduled to be repealed on January 1, 2029)

3   Sec. 25.18. Civil penalties for unlicensed practice.

4   (a) In addition to any other penalty provided by law, any

5 person who violates Section 5 of this Act or any other

6 provision of this Act shall, in addition to any other penalty

7 provided by law, pay a civil penalty to the Department in an

8 amount not to exceed $10,000 for each offense as determined by

9 the Department and the assessment of costs as provided for in

10 Section 25.3. The civil penalty shall be assessed by the

11 Department after a hearing is held in accordance with the

12 provisions set forth in this Act.

13  (b) The Department has the authority and power to

14 investigate any and all unlicensed activity.

15  (c) The civil penalty shall be paid within 60 days after

16 the effective date of the order imposing the civil penalty.

17 The order shall constitute a judgment and may be filed and

18 execution had thereon in the same manner as any judgment from

19 any court of record.

20  (d) All moneys monies collected under this Section shall

21 be deposited into the General Professions Dedicated

22 Professional Regulation Evidence Fund.

23 (Source: P.A. 98-339, eff. 12-31-13.)

24  Section 5-150. The Wholesale Drug Distribution Licensing
    HB0862 Enrolled  - 113 - LRB104 04759 SPS 14786 b

1 Act is amended by changing Section 170 as follows:

2   (225 ILCS 120/170) (from Ch. 111, par. 8301-170)

3   (Section scheduled to be repealed on January 1, 2028)

4   Sec. 170. Penalties. Any person who is found to have

5 violated any provision of this Act is guilty of a Class A

6 misdemeanor. On conviction of a second or subsequent offense,

7 the violator shall be guilty of a Class 4 felony. All criminal

8 fines, moneys monies, or property collected or received by the

9 Department under this Section or any other State or federal

10 statute, including, but not limited to, property forfeited to

11 the Department under Section 505 of the Illinois Controlled

12 Substances Act or Section 85 of the Methamphetamine Control

13 and Community Protection Act, shall be deposited into the

14 General Professions Dedicated Professional Regulation Evidence

15 Fund.

16 (Source: P.A. 94-556, eff. 9-11-05.)

17  Section 5-155. The Illinois Food, Drug and Cosmetic Act is

18 amended by changing Section 22.4 as follows:

19  (410 ILCS 620/22.4) (from Ch. 56 1/2, par. 522.4)

20  Sec. 22.4. Food and Drug Safety Fund. There is created in

21 the State treasury Treasury a special fund to be known as the

22 Food and Drug Safety Fund. All subscription, fine, and permit

23 fees, certificate fees, and other moneys collected by the
    HB0862 Enrolled         - 114 - LRB104 04759 SPS 14786 b

 1 Department of Public Health under this Act and, beginning July
 2 1, 2027, the Safe Bottled Water Act shall be deposited into the
 3 Fund. Subject to appropriation by the General Assembly, moneys
 4 deposited into this Fund shall be made available to the
 5 Department of Public Health to administer Department
 6 activities related to food safety, drug safety, milk safety,
 7 bottled water safety, or drug product selection. All interest
 8 that accrues on the moneys in the Fund shall be deposited into
 9 the Fund.
10 (Source: P.A. 92-769, eff. 1-1-03.)

11  Section 5-160. The Safe Bottled Water Act is amended by

12 changing Section 35 as follows:

13  (410 ILCS 655/35)

14  Sec. 35. Safe Bottled Water Fund. The Safe Bottled Water

15 Fund is established as a special fund in the State treasury.

16 All moneys received by the Department under this Act shall be

17 deposited into the fund. Moneys in the fund shall be used by

18 the Department, upon appropriation, for the purpose of

19 administering this Act.

20  Notwithstanding any other provision of law, in addition to

21 any other transfers that may be provided by law, on July 1,

22 2027 or as soon thereafter as practical, the State Comptroller

23 shall direct and the State Treasurer shall transfer the

24 remaining balance from the Safe Bottled Water Fund into the
    HB0862 Enrolled  - 115 - LRB104 04759 SPS 14786 b

1 Food and Drug Safety Fund. Upon completion of the transfers,

2 the Safe Bottled Water Fund is dissolved, and any future

3 deposits due to that Fund and any outstanding obligations or

4 liabilities of that Fund pass to the Food and Drug Safety Fund.

5   This Section is repealed on January 1, 2028.

6 (Source: P.A. 93-866, eff. 1-1-05.)

7   Section 5-165. The Fish and Aquatic Life Code is amended

8 by changing Section 20-45 as follows:

9   (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)

10  Sec. 20-45. License fees for residents. Fees for licenses

11 for residents of the State of Illinois shall be as follows:

12  (a) Except as otherwise provided in this Section, for

13  sport fishing devices as defined in Section 10-95 or

14  spearing devices as defined in Section 10-110, the fee is

15  $14.50 for individuals 16 to 64 years old, one-half of the

16  current fishing license fee for individuals age 65 or

17  older, and, commencing with the 2012 license year,

18  one-half of the current fishing license fee for resident

19  veterans of the United States Armed Forces after returning

20  from service abroad or mobilization by the President of

21  the United States as an active duty member of the United

22  States Armed Forces, the Illinois National Guard, or the

23  Reserves of the United States Armed Forces. Veterans must

24  provide to the Department acceptable verification of their
    HB0862 Enrolled  - 116 - LRB104 04759 SPS 14786 b

1   service. The Department shall establish by administrative

2   rule the procedure by which such verification of service

3   shall be made to the Department for the purpose of issuing

4   fishing licenses to resident veterans at a reduced fee.

5   (a-3) Except as otherwise provided in this Section,

6   for sport fishing devices as defined in Section 10-95 or

7   spearing devices as defined in Section 10-110, residents

8   of this State may obtain a 3-year fishing license. The fee

9   for a 3-year fishing license is 3 times the annual fee. For

10  residents age 65 or older, the fee is one half of the fee

11  charged for a 3-year fishing license. For resident

12  veterans of the United States Armed Forces after returning

13  from service abroad or mobilization by the President of

14  the United States, the fee is one-half of the fee charged

15  for a 3-year fishing license. Veterans must provide to the

16  Department, per administrative rule, verification of their

17  service. The Department shall establish what constitutes

18  suitable verification of service for the purpose of

19  issuing 3-year fishing licenses to resident veterans at a

20  reduced fee.

21  (a-5) The fee for all sport fishing licenses shall be

22  $1 for an annual license and 3 times the annual fee for a

23  3-year license for residents over 75 years of age.

24  (b) All residents before using any commercial fishing

25  device shall obtain a commercial fishing license, the fee

26  for which shall be $60, and a resident fishing license,
    HB0862 Enrolled        - 117 - LRB104 04759 SPS 14786 b

1   the fee for which is $14.50. Each and every commercial

2   device used shall be licensed by a resident commercial

3   fisherman as follows:

4   (1) For each 100 lineal yards, or fraction

5   thereof, of seine the fee is $18. For each minnow

6   seine, minnow trap, or net for commercial purposes the

7   fee is $20.

8   (2) For each device to fish with a 100 hook trot

9   line device, basket trap, hoop net, or dip net the fee

10  is $3.

11  (3) When used in the waters of Lake Michigan, for

12  the first 2000 lineal feet, or fraction thereof, of

13  gill net the fee is $10; and for each 1000 additional

14  lineal feet, or fraction thereof, the fee is $10.

15  These fees shall apply to all gill nets in use in the

16  water or on drying reels on the shore.

17  (4) For each 100 lineal yards, or fraction

18  thereof, of gill net or trammel net the fee is $18.

19  (c) Residents of this State may obtain a sportsmen's

20  combination license that shall entitle the holder to the

21  same non-commercial fishing privileges as residents

22  holding a license as described in subsection (a) of this

23  Section and to the same hunting privileges as residents

24  holding a license to hunt all species as described in

25  Section 3.1 of the Wildlife Code. No sportsmen's

26  combination license shall be issued to any individual who
    HB0862 Enrolled  - 118 - LRB104 04759 SPS 14786 b

1   would be ineligible for either the fishing or hunting

2   license separately. The sportsmen's combination license

3   fee shall be $25.50. For residents age 65 or older, the fee

4   is one-half of the fee charged for a sportsmen's

5   combination license. For resident veterans of the United

6   States Armed Forces after returning from service abroad or

7   mobilization by the President of the United States as an

8   active duty member of the United States Armed Forces, the

9   Illinois National Guard, or the Reserves of the United

10  States Armed Forces, the fee, commencing with the 2012

11  license year, is one-half of the fee charged for a

12  sportsmen's combination license. Veterans must provide to

13  the Department acceptable verification of their service.

14  The Department shall establish by administrative rule the

15  procedure by which such verification of service shall be

16  made to the Department for the purpose of issuing

17  sportsmen's combination licenses to resident veterans at a

18  reduced fee.

19  (c-5) Residents of this State may obtain a 3-year

20  sportsmen's combination license that shall entitle the

21  holder to the same non-commercial fishing privileges as

22  residents holding a license as described in subsection

23  (a-3) and to the same hunting privileges as residents

24  holding a license to hunt all species as described in

25  Section 3.1 of the Wildlife Code. A 3-year sportsmen's

26  combination license shall not be issued to any individual
    HB0862 Enrolled          - 119 - LRB104 04759 SPS 14786 b

1   who would be ineligible for either the fishing or hunting

2   license separately. The 3-year sportsmen's combination

3   license fee shall be 3 times the annual fee. For residents

4   age 65 or older, the fee is one-half of the fee charged for

5   a 3-year sportsmen's combination license. For resident

6   veterans of the United States Armed Forces after returning

7   from service abroad or mobilization by the President of

8   the United States, the fee is one-half of the fee charged

9   for a 3-year sportsmen's combination license. Veterans

10  must provide to the Department, per administrative rule,

11  verification of their service. The Department shall

12  establish what constitutes suitable verification of

13  service for the purpose of issuing 3-year sportsmen's

14  combination licenses to resident veterans at a reduced

15  fee.

16  (d) For 24 hours of fishing by sport fishing devices

17  as defined in Section 10-95 or by spearing devices as

18  defined in Section 10-110 the fee is $5. This license does

19  not exempt the licensee from the requirement for a salmon

20  or inland trout stamp. The licenses provided for by this

21  subsection are not required for residents of the State of

22  Illinois who have obtained the license provided for in

23  subsection (a) or (a-3) of this Section.

24  (e) All residents before using any commercial mussel

25  device shall obtain a commercial mussel license, the fee

26  for which shall be $50.
    HB0862 Enrolled  - 120 - LRB104 04759 SPS 14786 b

1   (f) Residents of this State, upon establishing

2   residency as required by the Department, may obtain a

3   lifetime hunting or fishing license or lifetime

4   sportsmen's combination license which shall entitle the

5   holder to the same non-commercial fishing privileges as

6   residents holding a license as described in subsection

7   paragraph (a) of this Section and to the same hunting

8   privileges as residents holding a license to hunt all

9   species as described in Section 3.1 of the Wildlife Code.

10  No lifetime sportsmen's combination license shall be

11  issued to or retained by any individual who would be

12  ineligible for either the fishing or hunting license

13  separately, either upon issuance, or in any year a

14  violation would subject an individual to have either or

15  both fishing or hunting privileges rescinded. The lifetime

16  hunting and fishing license fees shall be as follows:

17  (1) Lifetime fishing: 30 x the current fishing

18  license fee.

19  (2) Lifetime hunting: 30 x the current hunting

20  license fee.

21  (3) Lifetime sportsmen's combination license: 30 x

22  the current sportsmen's combination license fee.

23  Lifetime licenses shall not be refundable. A $10 fee shall

24 be charged for reissuing any lifetime license. The Department

25 may establish rules and regulations for the issuance and use

26 of lifetime licenses and may suspend or revoke any lifetime
    HB0862 Enrolled  - 121 - LRB104 04759 SPS 14786 b

1 license issued under this Section for violations of those

2 rules or regulations or other provisions under this Code or

3 the Wildlife Code, or a violation of the United States Code

4 that involves the taking, possessing, killing, harvesting,

5 transportation, selling, exporting, or importing any fish or

6 aquatic life protected by this Code or the taking, possessing,

7 killing, harvesting, transportation, selling, exporting, or

8 importing any fauna protected by the Wildlife Code when any

9 part of the United States Code violation occurred in Illinois.

10 Individuals under 16 years of age who possess a lifetime

11 hunting or sportsmen's combination license shall have in their

12 possession, while in the field, a certificate of competency as

13 required under Section 3.2 of the Wildlife Code. Any lifetime

14 license issued under this Section shall not exempt individuals

15 from obtaining additional stamps or permits required under the

16 provisions of this Code or the Wildlife Code. Individuals

17 required to purchase additional stamps shall sign the stamps

18 and have them in their possession while fishing or hunting

19 with a lifetime license. All fees received from the issuance

20 of lifetime licenses shall be deposited into in the Wildlife

21 and Fish and Wildlife Endowment Fund.

22  Except for licenses issued under subsection (e) of this

23 Section, all licenses provided for in this Section shall

24 expire on March 31 of each year, except that the license

25 provided for in subsection (d) of this Section shall expire 24

26 hours after the effective date and time listed on the face of
    HB0862 Enrolled     - 122 - LRB104 04759 SPS 14786 b

1 the license. Licenses issued under subsection (a-3) or (c-5)

2 shall expire on March 31 of the 2nd year after the year in

3 which the license is issued.

4   The Department shall by administrative rule provide for

5 the automatic renewal of a fishing license upon the request of

6 the applicant.

7   All individuals required to have and failing to have the

8 license provided for in subsection (a), (a-3), or (d) of this

9 Section shall be fined according to the provisions of Section

10 20-35 of this Code.

11  All individuals required to have and failing to have the

12 licenses provided for in subsections (b) and (e) of this

13 Section shall be guilty of a Class B misdemeanor.

14  (g) For the purposes of this Section, "acceptable

15 verification" means official documentation from the Department

16 of Defense or the appropriate Major Command showing

17 mobilization dates or service abroad dates, including: (i) a

18 DD-214, (ii) a letter from the Illinois Department of Military

19 Affairs for members of the Illinois National Guard, (iii) a

20 letter from the Regional Reserve Command for members of the

21 Armed Forces Reserve, (iv) a letter from the Major Command

22 covering Illinois for active duty members, (v) personnel

23 records for mobilized State employees, and (vi) any other

24 documentation that the Department, by administrative rule,

25 deems acceptable to establish dates of mobilization or service

26 abroad.
    HB0862 Enrolled    - 123 - LRB104 04759 SPS 14786 b

1   For the purposes of this Section, the term "service

2 abroad" means active duty service outside of the 50 United

3 States and the District of Columbia, and includes all active

4 duty service in territories and possessions of the United

5 States.

6 (Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22;

7 103-154, eff. 6-30-23; 103-456, eff. 1-1-24; revised 7-3-25.)

8   Section 5-170. The Roadside Memorial Act is amended by

9 changing Section 20 as follows:

10  (605 ILCS 125/20)

11  Sec. 20. DUI memorial markers.

12  (a) A DUI memorial marker erected before July 1, 2021

13 shall consist of a white on blue panel bearing the message

14 "Please Don't Drink and Drive". A DUI memorial marker erected

15 on or after July 1, 2021 shall consist of a white on blue panel

16 bearing the message "Don't Drive Under the Influence". At the

17 request of the qualified relative, a separate panel bearing

18 the words "In Memory of (victim's name)", followed by the date

19 of the crash that was the proximate cause of the loss of the

20 victim's life, shall be mounted below the primary panel.

21 Public Act 102-60 This amendatory Act of the 102nd General

22 Assembly does not require the removal or replacement of any

23 memorial markers erected before July 1, 2021.

24  (b) A DUI memorial marker may memorialize more than one
    HB0862 Enrolled    - 124 - LRB104 04759 SPS 14786 b

1 victim who died as a result of the same DUI-related crash. If

2 one or more additional DUI crash deaths subsequently occur in

3 close proximity to an existing DUI memorial marker, the

4 supporting jurisdiction may use the same marker to memorialize

5 the subsequent death or deaths, by adding the names of the

6 additional persons.

7   (c) A DUI memorial marker shall be maintained for at least

8 4 years from the date the last person was memorialized on the

9 marker.

10  (d) The supporting jurisdiction has the right to install a

11 marker at a location other than the location of the crash or to

12 relocate a marker due to restricted room, property owner

13 complaints, interference with essential traffic control

14 devices, safety concerns, or other restrictions. In such

15 cases, the sponsoring jurisdiction may select an alternate

16 location.

17  (e) The Department shall secure the consent of any

18 municipality before placing a DUI memorial marker within the

19 corporate limits of the municipality.

20  (f) A fee in an amount to be determined by the supporting

21 jurisdiction may be paid in whole or in part from the Roadside

22 Memorial Fund if moneys are made available by the Department

23 of Transportation from that Fund or may be charged to the

24 qualified relative to the extent moneys from that Fund are not

25 made available. The fee shall not exceed the costs associated

26 with the fabrication, installation, and maintenance of the DUI
   HB0862 Enrolled  - 125 - LRB104 04759 SPS 14786 b

1 memorial marker.
2 (Source: P.A. 102-60, eff. 7-9-21; 103-82, eff. 1-1-24.)

3  Section 5-175. The Illinois Aeronautics Act is amended by

4 changing Section 78 as follows:

5  (620 ILCS 5/78) (from Ch. 15 1/2, par. 22.78)

6  Sec. 78. Aeronautics Fund. All moneys hereafter received

7 by this State, or by the Department for and on its behalf,

8 under any of the laws of this State pertaining to aeronautics,

9 including, without limiting the generality of the foregoing,

10 all moneys obtained for certificates, permits or licenses,

11 except those funds which are held by the State Treasurer as

12 ex-officio custodian under the provisions of Section 40, shall

13 be deposited into in the State treasury and set apart as a

14 special fund to be known as the Aeronautics Fund. The

15 Aeronautics Fund shall be used, subject to appropriations made

16 from time to time, only for such purposes as may be specified

17 under the laws, if any, of the United States, heretofore or

18 hereafter enacted or amended, providing for federal aid in the

19 establishment of public airports, and otherwise only for the

20 regulation and supervision of aeronautics in this State, and

21 the administration and enforcement of the laws of this State

22 pertaining to aeronautics. Beginning in State fiscal year

23 2028, subject to appropriation, the Aeronautics Fund may also

24 be used for equipment, personnel, operational expenses and
    HB0862 Enrolled     - 126 - LRB104 04759 SPS 14786 b

1 such other expenses incident to providing air transportation
2 for officers, departments or agencies of the State government.
3 (Source: Laws 1957, p. 2331.)

4   Section 5-180. The Illinois Vehicle Code is amended by

5 changing Section 3-679 as follows:

6   (625 ILCS 5/3-679)

7   Sec. 3-679. Law Enforcement Torch Run For Special Olympics

8 license plates.

9   (a) The Secretary, upon receipt of an application made in

10 the form prescribed by the Secretary of State, may issue

11 special registration plates designated to be Law Enforcement

12 Torch Run For Special Olympics license plates. The special

13 plates issued under this Section shall be affixed only to

14 passenger vehicles of the first division, motorcycles,

15 autocycles, motor vehicles of the second division weighing not

16 more than 8,000 pounds, and recreational vehicles as defined

17 by Section 1-169 of this Code. Plates issued under this

18 Section shall expire according to the multi-year procedure

19 established by Section 3-414.1 of this Code.

20  (b) The design and color of the plates shall be wholly

21 within the discretion of the Secretary of State. Appropriate

22 documentation, as determined by the Secretary, shall accompany

23 the application. The Secretary may, in his or her discretion,

24 allow the plates to be issued as vanity or personalized plates
    HB0862 Enrolled             - 127 - LRB104 04759 SPS 14786 b

1 in accordance with Section 3-405.1 of this Code.

2   (c) An applicant shall be charged a $45 fee for original

3 issuance in addition to the appropriate registration fee, if

4 applicable. Of this fee, $30 shall be deposited into the

5 Special Olympics Illinois and Special Children's Charities

6 Fund and $15 shall be deposited into the Secretary of State

7 Special License Plate Fund. For each registration renewal

8 period, a $27 fee, in addition to the appropriate registration

9 fee, shall be charged. Of this fee, $25 shall be deposited into

10 the Special Olympics Illinois and Special Children's Charities

11 Fund and $2 shall be deposited into the Secretary of State

12 Special License Plate Fund.

13 (Source: P.A. 103-843, eff. 1-1-25.)

14  Section 5-185. The Cycle Rider Safety Training Act is

15 amended by changing Sections 6 and 7 as follows:

16  (625 ILCS 35/6) (from Ch. 95 1/2, par. 806)

17  Sec. 6. To finance the Cycle Rider Safety Training program

18 and to pay the costs thereof, the Secretary of State shall will

19 hereafter deposit amounts with the State Treasurer an amount

20 equal to each annual fee and each reduced fee, for the

21 registration of each motorcycle, motor driven cycle and moped

22 processed by the Office of the Secretary of State during the

23 preceding quarter as required in subsection (d) of Section

24 2-119 of the Illinois Vehicle Code and subsection (c) of
    HB0862 Enrolled   - 128 - LRB104 04759 SPS 14786 b

 1 Section 6-118 of the Illinois Vehicle Code into, which amount
 2 the State Comptroller shall transfer quarterly to a trust fund
 3 outside of the State treasury to be known as the Cycle Rider
 4 Safety Training Fund, which is hereby created. In addition,
 5 the Department may accept any federal, State, or private
 6 moneys for deposit into the Fund and shall be used by the
 7 Department only for the expenses of the Department in
 8 administering the provisions of this Act, for funding of
 9 contracts with approved Regional Cycle Rider Safety Training
10 Centers for the conduct of courses, or for any purpose related
11 or incident thereto and connected therewith.
12 (Source: P.A. 96-554, eff. 1-1-10.)

13  (625 ILCS 35/7) (from Ch. 95 1/2, par. 807)

14  Sec. 7. The Department is authorized to and shall award

15 contracts out of appropriations to the Department from the

16 "The Cycle Rider Safety Training Fund" to qualifying providers

17 for the conduct of approved Cycle Rider Safety Training

18 courses.

19 (Source: P.A. 104-408, eff. 1-1-26.)

20  Section 5-190. The DUI Prevention and Education Commission

21 Act is amended by changing Section 20 as follows:

22  (625 ILCS 70/20)

23  Sec. 20. DUI Prevention and Education Fund; transfer of
    HB0862 Enrolled  - 129 - LRB104 04759 SPS 14786 b

1 funds.

2   (a) The DUI Prevention and Education Fund is created as a

3 special fund in the State treasury. Subject to appropriation,

4 all moneys in the DUI Prevention and Education Fund shall be

5 distributed by the Department of Transportation with approval

6 from the DUI Prevention and Education Commission for crash

7 victim programs and materials, impaired driving prevention

8 programs, law enforcement support, and other DUI-related

9 programs.

10  (b) As soon as practical after January 1, 2020 (the

11 effective date of Public Act 101-196) this Act, the State

12 Comptroller shall direct and the State Treasurer shall

13 transfer any remaining balance in excess of $30,000 from the

14 Roadside Memorial Fund to the DUI Prevention and Education

15 Fund. Starting in 2021 and continuing through 2025 every year

16 after, the cash balance in the Roadside Memorial Fund on June

17 30 shall be transferred to the DUI Prevention and Education

18 Fund as soon as practical. On the effective date of the changes

19 made to this Section by this amendatory Act of the 104th

20 General Assembly or as soon thereafter as practical, the State

21 Comptroller shall direct and the State Treasurer shall

22 transfer the remaining balance from the Roadside Memorial Fund

23 into the DUI Prevention and Education Fund. Upon completion of

24 the transfer, the Roadside Memorial Fund is dissolved, and any

25 future deposits due to that Fund and any outstanding

26 obligations or liabilities of that Fund shall pass to the DUI
    HB0862 Enrolled       - 130 - LRB104 04759 SPS 14786 b

1 Prevention and Education Fund.
2 (Source: P.A. 102-60, eff. 7-9-21; 103-1047, eff. 1-1-25.)

3   Section 5-195. The Unified Code of Corrections is amended

4 by changing Sections 5-9-1.7 and 5-9-1.22 as follows:

5   (730 ILCS 5/5-9-1.7)

6   Sec. 5-9-1.7. Sexual assault fines.

7   (a) Definitions. The terms used in this Section shall have

8 the following meanings ascribed to them:

9   (1) "Sexual assault" means the commission or attempted

10  commission of the following: sexual exploitation of a

11  child, criminal sexual assault, predatory criminal sexual

12  assault of a child, aggravated criminal sexual assault,

13  criminal sexual abuse, aggravated criminal sexual abuse,

14  indecent solicitation of a child, public indecency, sexual

15  relations within families, promoting commercial sexual

16  exploitation of a child, soliciting for a sexually

17  exploited child, keeping a place of commercial sexual

18  exploitation of a child, patronizing a sexually exploited

19  child, juvenile pimping, exploitation of a child,

20  obscenity, child sexual abuse material, aggravated child

21  pornography, harmful material, or ritualized abuse of a

22  child, as those offenses are defined in the Criminal Code

23  of 1961 or the Criminal Code of 2012.

24  (2) (Blank).
    HB0862 Enrolled        - 131 - LRB104 04759 SPS 14786 b

1   (3) "Sexual assault organization" means any

2   not-for-profit organization providing comprehensive,

3   community-based services to victims of sexual assault.

4   "Community-based services" include, but are not limited

5   to, direct crisis intervention through a 24-hour response,

6   medical and legal advocacy, counseling, information and

7   referral services, training, and community education.

8   (b) (Blank).

9   (c) Sexual Assault Services Fund; administration. There is

10 created in the State treasury a special fund known as the

11 Sexual Assault Services Fund. Moneys deposited into the Fund

12 under Sections 15-20, 15-40, and 15-70 of the Criminal and

13 Traffic Assessment Act and Section 6b-4 of the State Finance

14 Act shall be expended as provided in Section 10-5 of the

15 Criminal and Traffic Assessment Act.

16 (Source: P.A. 103-1071, eff. 7-1-25; 104-2, eff. 6-16-25;

17 104-245, eff. 1-1-26; revised 11-21-25.)

18  (730 ILCS 5/5-9-1.22)

19  Sec. 5-9-1.22. Fee; DUI Prevention and Education Roadside

20 Memorial Fund. A person who is convicted or receives a

21 disposition of court supervision for a violation of Section

22 11-501 of the Illinois Vehicle Code shall, in addition to any

23 other disposition, penalty, or fine imposed, pay a fee of $50

24 which shall be collected by the clerk of the court and then

25 remitted to the State Treasurer for deposit into the DUI
    HB0862 Enrolled        - 132 - LRB104 04759 SPS 14786 b

1 Prevention and Education Fund Roadside Memorial Fund, a

2 special fund that is created in the State treasury. However,

3 the court may waive the fee if full restitution is complied

4 with. Subject to appropriation, all moneys in the Roadside

5 Memorial Fund shall be used by the Department of

6 Transportation to pay fees imposed under subsection (f) of

7 Section 20 of the Roadside Memorial Act.

8   Prior to the changes made by this amendatory Act of the

9 104th General Assembly, this This Section is substantially the

10 same as Section 5-9-1.18 of the Unified Code of Corrections,

11 which Section was repealed by Public Act 100-987, and shall be

12 construed as a continuation of the fee established by that

13 prior law, and not as a new or different fee.

14 (Source: P.A. 101-10, eff. 6-5-19; 102-278, eff. 8-6-21.)

15  (765 ILCS 77/80 rep.)

16  Section 5-200. The Residential Real Property Disclosure

17 Act is amended by repealing Section 80.

18  Section 5-205. The Prevailing Wage Act is amended by

19 changing Section 2 as follows:

20  (820 ILCS 130/2)

21  Sec. 2. This Act applies to the wages of laborers,

22 mechanics, and other workers employed in any public works, as

23 hereinafter defined, by any public body and to anyone under
   HB0862 Enrolled  - 133 - LRB104 04759 SPS 14786 b

1 contracts for public works. This includes any maintenance,

2 repair, assembly, or disassembly work performed on equipment

3 whether owned, leased, or rented.

4  As used in this Act, unless the context indicates

5 otherwise:

6  "Public works" means all fixed works constructed or

7 demolished by any public body, or paid for wholly or in part

8 out of public funds. "Public works" as defined herein includes

9 all projects financed in whole or in part with bonds, grants,

10 loans, or other funds made available by or through the State or

11 any of its political subdivisions, including, but not limited

12 to: bonds issued under the Industrial Project Revenue Bond Act

13 (Article 11, Division 74 of the Illinois Municipal Code), the

14 Industrial Building Revenue Bond Act, the Illinois Finance

15 Authority Act, the Illinois Sports Facilities Authority Act,

16 or the Build Illinois Bond Act; loans or other funds made

17 available pursuant to the Build Illinois Act; loans or other

18 funds made available pursuant to the Riverfront Development

19 Fund under Section 10-15 of the River Edge Redevelopment Zone

20 Act; or funds from the Fund for Illinois' Future under Section

21 6z-47 of the State Finance Act, funds for school construction

22 under Section 5 of the General Obligation Bond Act, funds

23 authorized under Section 3 of the School Construction Bond

24 Act, funds for school infrastructure under Section 6z-45 of

25 the State Finance Act, and funds for transportation purposes

26 under Section 4 of the General Obligation Bond Act. "Public
HB0862 Enrolled  - 134 - LRB104 04759 SPS 14786 b

 1 works" also includes all federal construction projects
 2 administered or controlled by a public body if the prevailing
 3 rate of wages is equal to or greater than the prevailing wage
 4 determination by the United States Secretary of Labor for the
 5 same locality for the same type of construction used to
 6 classify the federal construction project. "Public works" also
 7 includes (i) all projects financed in whole or in part with
 8 funds from the Environmental Protection Agency under the
 9 Illinois Renewable Fuels Development Program Act for which
10 there is no project labor agreement; (ii) all work performed
11 pursuant to a public private agreement under the Public
12 Private Agreements for the Illiana Expressway Act or the
13 Public-Private Agreements for the South Suburban Airport Act;
14 (iii) all projects undertaken under a public-private agreement
15 under the Public-Private Partnerships for Transportation Act
16 or the Department of Natural Resources World Shooting and
17 Recreational Complex Act; and (iv) all transportation
18 facilities undertaken under a design-build contract or a
19 Construction Manager/General Contractor contract under the
20 Innovations for Transportation Infrastructure Act. "Public
21 works" also includes all projects at leased facility property
22 used for airport purposes under Section 35 of the Local
23 Government Facility Lease Act. "Public works" also includes
24 the construction of a new wind power facility by a business
25 designated as a High Impact Business under Section
26 5.5(a)(3)(E) of the Illinois Enterprise Zone Act, the
HB0862 Enrolled  - 135 - LRB104 04759 SPS 14786 b

 1 construction of a new utility-scale solar power facility by a
 2 business designated as a High Impact Business under Section
 3 5.5(a)(3)(E-5) of the Illinois Enterprise Zone Act, the
 4 construction of a new battery energy storage solution facility
 5 by a business designated as a High Impact Business under
 6 Section 5.5(a)(3)(I) of the Illinois Enterprise Zone Act, and
 7 the construction of a high voltage direct current converter
 8 station by a business designated as a High Impact Business
 9 under Section 5.5(a)(3)(J) of the Illinois Enterprise Zone
10 Act. "Public works" also includes electric vehicle charging
11 station projects financed pursuant to the Electric Vehicle Act
12 and renewable energy projects required to pay the prevailing
13 wage pursuant to the Illinois Power Agency Act. "Public works"
14 also includes power washing projects by a public body or paid
15 for wholly or in part out of public funds in which steam or
16 pressurized water, with or without added abrasives or
17 chemicals, is used to remove paint or other coatings, oils or
18 grease, corrosion, or debris from a surface or to prepare a
19 surface for a coating. "Public works" also includes all
20 electric transmission systems projects subject to the Electric
21 Transmission Systems Construction Standards Act. "Public
22 works" does not include work done directly by any public
23 utility company, whether or not done under public supervision
24 or direction, or paid for wholly or in part out of public
25 funds. "Public works" also includes construction projects
26 performed by a third party contracted by any public utility,
HB0862 Enrolled  - 136 - LRB104 04759 SPS 14786 b

 1 as described in subsection (a) of Section 2.1, in public
 2 rights-of-way, as defined in Section 21-201 of the Public
 3 Utilities Act, whether or not done under public supervision or
 4 direction, or paid for wholly or in part out of public funds.
 5 "Public works" also includes construction projects that exceed
 6 15 aggregate miles of new fiber optic cable, performed by a
 7 third party contracted by any public utility, as described in
 8 subsection (b) of Section 2.1, in public rights-of-way, as
 9 defined in Section 21-201 of the Public Utilities Act, whether
10 or not done under public supervision or direction, or paid for
11 wholly or in part out of public funds. "Public works" also
12 includes any corrective action performed pursuant to Title XVI
13 of the Environmental Protection Act for which payment from the
14 Underground Storage Tank Fund is requested. "Public works"
15 also includes all construction projects involving fixtures or
16 permanent attachments affixed to light poles that are owned by
17 a public body, including street light poles, traffic light
18 poles, and other lighting fixtures, whether or not done under
19 public supervision or direction, or paid for wholly or in part
20 out of public funds, unless the project is performed by
21 employees employed directly by the public body. "Public works"
22 also includes work performed subject to the Mechanical
23 Insulation Energy and Safety Assessment Act. "Public works"
24 also includes the removal, hauling, and transportation of
25 biosolids, lime sludge, and lime residue from a water
26 treatment plant or facility and the disposal of biosolids,
    HB0862 Enrolled         - 137 - LRB104 04759 SPS 14786 b

1 lime sludge, and lime residue removed from a water treatment

2 plant or facility at a landfill. "Public works" also includes

3 sewer inspection projects that use a closed-circuit television

4 to identify issues in a sewer system, such as cracks in pipes,

5 root intrusion, blockages, or other structural damage. "Public

6 works" does not include projects undertaken by the owner at an

7 owner-occupied single-family residence or at an owner-occupied

8 unit of a multi-family residence. "Public works" does not

9 include work performed for soil and water conservation

10 purposes on agricultural lands, whether or not done under

11 public supervision or paid for wholly or in part out of public

12 funds, done directly by an owner or person who has legal

13 control of those lands.

14  "Construction" means all work on public works involving

15 laborers, workers or mechanics. This includes any maintenance,

16 repair, assembly, or disassembly work performed on equipment

17 whether owned, leased, or rented.

18  "Locality" means the county where the physical work upon

19 public works is performed, except (1) that if there is not

20 available in the county a sufficient number of competent

21 skilled laborers, workers and mechanics to construct the

22 public works efficiently and properly, "locality" includes any

23 other county nearest the one in which the work or construction

24 is to be performed and from which such persons may be obtained

25 in sufficient numbers to perform the work and (2) that, with

26 respect to contracts for highway work with the Department of
    HB0862 Enrolled  - 138 - LRB104 04759 SPS 14786 b

1 Transportation of this State, "locality" may at the discretion

2 of the Secretary of the Department of Transportation be

3 construed to include two or more adjacent counties from which

4 workers may be accessible for work on such construction.

5   "Public body" means the State or any officer, board or

6 commission of the State or any political subdivision or

7 department thereof, or any institution supported in whole or

8 in part by public funds, and includes every county, city,

9 town, village, township, school district, irrigation, utility,

10 reclamation improvement or other district and every other

11 political subdivision, district or municipality of the state

12 whether such political subdivision, municipality or district

13 operates under a special charter or not.

14  "Labor organization" means an organization that is the

15 exclusive representative of an employer's employees recognized

16 or certified pursuant to the National Labor Relations Act.

17  The terms "general prevailing rate of hourly wages",

18 "general prevailing rate of wages" or "prevailing rate of

19 wages" when used in this Act mean the hourly cash wages plus

20 full journeyman annualized fringe benefits for training and

21 apprenticeship programs registered with the Office of

22 Apprenticeship within the U.S. Department of Labor's

23 Employment and Training Administration with full journeymen

24 annualized fringe benefits for health and welfare, insurance,

25 vacations, and pensions paid generally, in the locality in

26 which the work is being performed, to employees engaged in
    HB0862 Enrolled         - 139 - LRB104 04759 SPS 14786 b

1 work of a similar character on public works.
2 (Source: P.A. 103-8, eff. 6-7-23; 103-327, eff. 1-1-24;
3 103-346, eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff.
4 8-4-23; 103-605, eff. 7-1-24; 103-1066, eff. 2-20-25; 104-17,
5 eff. 7-1-26 (see Section 35-5 of P.A. 104-434 for effective
6 date of P.A. 104-17); 104-23, eff. 6-30-25; 104-160, eff.
7 8-14-25; revised 12-2-25.)

8   Section 5-210. The Family Neonatal Intensive Care Leave

9 Act is amended by changing Section 20 as follows:

10  (820 ILCS 157/20)

11  (This Section may contain text from a Public Act with a

12 delayed effective date)

13  Sec. 20. Department responsibilities.

14  (a) The Department shall administer and enforce this Act

15 and adopt rules under the Illinois Administrative Procedure

16 Act for the purpose of this Act. The Department shall have the

17 powers and the parties shall have the rights provided in the

18 Illinois Administrative Procedure Act for contested cases. The

19 Department shall have the power to conduct investigations in

20 connection with the administration and enforcement of this

21 Act, including the power to conduct depositions and discovery

22 and to issue subpoenas. If the Department finds cause to

23 believe that this Act has been violated, the Department shall

24 notify the parties in writing and the matter shall be referred
    HB0862 Enrolled          - 140 - LRB104 04759 SPS 14786 b

1 to an administrative law judge to schedule a formal hearing in

2 accordance with hearing procedures established by rule.

3   (b) The Department is authorized to impose civil penalties

4 prescribed in Section 25 in administrative proceedings that

5 comply with the Illinois Administrative Procedure Act and to

6 supervise the payment of the unpaid wages and damages owing to

7 the employee or employees under this Act. The Department may

8 bring any legal action necessary to recover the amount of

9 unpaid wages, damages, and penalties, and the employer shall

10 be required to pay the costs. Any sums recovered by the

11 Department on behalf of an employee under this Act shall be

12 paid to the employee or employees affected. However, 20% of

13 any penalty collected from the employer for a violation of

14 this Act shall be deposited into the Paid Leave for All Workers

15 Fund for the purposes set forth in Section 35 of the Paid Leave

16 for All Workers Act Neonatal Intensive Care Leave Fund, a

17 special fund created in the State treasury, and used for the

18 enforcement of this Act.

19  (c) The Attorney General may bring an action to enforce

20 the collection of any civil penalty imposed under this Act.

21 (Source: P.A. 104-259, eff. 6-1-26.)

22  Section 5-215. The Employee Classification Act is amended

23 by changing Section 50 as follows:

24  (820 ILCS 185/50)
    HB0862 Enrolled    - 141 - LRB104 04759 SPS 14786 b

1   Sec. 50. Employee Classification Fund. All moneys received

2 by the Department as fees and civil penalties under this Act

3 and all moneys owed to the Department under the Prevailing

4 Wage Act and the Employment of Illinois Workers on Public

5 Works Act shall be deposited into the Employee Classification

6 Fund and shall be used, subject to appropriation by the

7 General Assembly, by the Department for administration,

8 investigation, outreach, and educational activities related to

9 this Act and the Prevailing Wage Act and the Employment of

10 Illinois Workers on Public Works Act and other expenses

11 incurred in carrying out its powers and duties under this Act

12 and the Prevailing Wage Act and the Employment of Illinois

13 Workers on Public Works Act. The Department shall hire as many

14 investigators and other personnel as may be necessary to carry

15 out the purposes of this Act. Any moneys in the Fund at the end

16 of a fiscal year in excess of those moneys necessary for the

17 Department to carry out its powers and duties under this Act

18 shall be available to the Department for the next fiscal year

19 for any of the Department's duties.

20 (Source: P.A. 104-23, eff. 6-30-25.)

21  Section 5-220. The Paid Leave for All Workers Act is

22 amended by changing Section 35 as follows:

23  (820 ILCS 192/35)

24  Sec. 35. Penalties and enforcement. An employer that
    HB0862 Enrolled          - 142 - LRB104 04759 SPS 14786 b

 1 violates this Act or any rule adopted under this Act shall be
 2 subject to a civil penalty of $2,500 for each separate
 3 offense. An offense means any violation of this Act with the
 4 exception of a violation of the notice requirement in
 5 subsection (c) of Section 20. Any penalties collected from an
 6 employer under this Section or under subsection (d) of Section
 7 20 for violations of this Act shall be deposited into the Paid
 8 Leave for All Workers Fund, a special fund created in the State
 9 treasury that is dedicated to enforcing this Act and the
10 Family Neonatal Intensive Care Leave Act.
11 (Source: P.A. 102-1143, eff. 1-1-24.)

12                           Article 10.

13  Section 10-1. Findings. The General Assembly finds that:

14  (1) Illinois law recognizes that individuals with

15 disabilities should have self-determination and retain the

16 right to make decisions about their own lives and care to the

17 maximum extent possible.

18  (2) Illinois has established, as a bedrock principle of

19 public policy, that support and protection of persons with

20 disabilities should be unbiased and free from conflicts of

21 interest.

22  (3) Fifty years ago, the Governor's Commission for

23 Revision of the Mental Health Code of Illinois released its

24 report recommending revisions to the civil and criminal laws
    HB0862 Enrolled            - 143 - LRB104 04759 SPS 14786 b

1 that advance the rights and interests of persons with

2 disabilities. The report reflected the work of 36 Commission

3 members, 47 advisory members, consultants, and staff, engaged

4 in a process that presented a democratic forum that welded

5 together the input of many dedicated people into a cohesive

6 whole.

7   (4) In 1979, the General Assembly used the recommendations

8 to address the far-reaching and comprehensive need for

9 statutory reform that would reflect the historical and

10 continued progress in the capacity of our people to rise above

11 prejudice, superstition, and irrational fears, enabling

12 persons with disabilities to participate more fully in the

13 total life of our society.

14  (5) Part of the reform was the establishment of the

15 Guardianship and Advocacy Commission, which since then has

16 served as a national leader in protecting the rights and

17 advancing the rights and interests of persons with

18 disabilities.

19  (6) Today, the Guardianship and Advocacy Commission

20 provides critical services to some of the most vulnerable

21 residents of this State in accordance with statutory mandates

22 that are unmatched by any other single agency in the United

23 States, including:

24        (A) serving as court-appointed guardian for nearly

25  5,000 adults with disabilities when no other suitable

26  person is available;
    HB0862 Enrolled  - 144 - LRB104 04759 SPS 14786 b

1        (B) providing constitutionally mandated, direct legal

2   representation in more than 7,000 involuntary mental

3   health and developmental disability proceedings annually;

4   and

5        (C) investigating allegations of disability rights

6   violations by public and private disability service

7   providers.

8   (7) Continued demographic pressures, including the aging

9 population of this State and the deepening understanding that

10 persons with disabilities are entitled to full human rights

11 and equal participation in society, require modernization of

12 the Guardianship and Advocacy Commission to respond to the

13 increasing need for its services and the evolving recognition

14 and affirmation of the inherent dignity, right, and societal

15 value of persons with disabilities.

16  Section 10-3. Purpose. It is the purpose of this Act to

17 support the modernization of the Guardianship and Advocacy

18 Commission by establishing the Department of Disability

19 Advocacy and Guardianship as the successor agency to the

20 Guardianship and Advocacy Commission. The Department of

21 Disability Advocacy and Guardianship will maintain and

22 strengthen this State's commitment to protecting and advancing

23 the rights of persons with disabilities by retaining the core

24 statutory duties, authorities, and functions assigned to the

25 Guardianship and Advocacy Commission while adopting a
    HB0862 Enrolled     - 145 - LRB104 04759 SPS 14786 b

1 governance structure that balances direct accountability with
2 the independence necessary for effective advocacy.

3   Section 10-5. The State Budget Law of the Civil

4 Administrative Code of Illinois is amended by changing Section

5 50-28 as follows:

6   (15 ILCS 20/50-28)

7   Sec. 50-28. Youth Budget Commission.

8   (a) As used in this Section:

9   "Adolescent" or "youth" means a person between the ages of

10 8 and 25 years.

11  "Commission" means the Youth Budget Commission established

12 under this Section.

13  "Service models" include the following tiers of service

14 delivered to adolescents and their families:

15  (1) Prevention: support for at-risk youth (deterrence,

16  prevention of harm, extra supports).

17  (2) Treatment/intervention: respond to significant

18  challenges in need of direct intervention to change,

19  resolve or reverse behaviors, conditions, or both.

20  (3)              Corrective/rehabilitation:  correct  or

21  rehabilitate acute behaviors or conditions that pose a

22  physical or psychological danger or threat to adolescents.

23  (4) Positive Youth Development: build individual

24  assets and increase competencies.
    HB0862 Enrolled          - 146 - LRB104 04759 SPS 14786 b

1   "Youth developmental goals" are defined as the outcomes of

2 stable, safe, healthy, educated, employable, and connected,

3 which align with the following Budgeting for Results goals:

4   (1) Stable: meeting the needs of the most vulnerable;

5   increasing individual and family stability and

6   self-sufficiency.

7   (2) Safe: creating safer communities.

8   (3) Healthy: improving the overall health of

9   Illinoisans.

10  (4) Educated: improving school readiness and student

11  success for all.

12  (5) Employable: increasing employment and attracting,

13  retaining and growing businesses.

14  (6) Connected: strengthening cultural and

15  environmental vitality.

16  (b) Subject to appropriation, the Governor shall establish

17 the Youth Budget Commission with the goal of producing an

18 annual fiscal scan. The fiscal scan, under the direction of

19 the Commission, shall be used to advise the Governor and

20 General Assembly, as well as State agencies, on ways to

21 improve and expand existing policies, services, programs, and

22 opportunities for adolescents. The Governor's Office of

23 Management and Budget shall post a link to the fiscal scan on

24 its website. For fiscal year 2019 and each fiscal year

25 thereafter, the Commission established under this Section,

26 shall complete an analysis of enacted State budget items which
    HB0862 Enrolled          - 147 - LRB104 04759 SPS 14786 b

1 directly impact adolescents. This analysis will categorize

2 budget items by the 6 identified youth developmental goals and

3 4 service models. The analysis will include State agency

4 expenditures associated with these categories. General State

5 Aid and federal funds such as Medicaid will be excluded from

6 the analysis.

7   The Commission shall also be responsible for: (1)

8 monitoring and commenting on existing and proposed legislation

9 and programs designed to address the needs of adolescents; (2)

10 assisting State agencies in developing programs, services,

11 public policies, and research strategies that will expand and

12 enhance the well-being of adolescents; (3) facilitating the

13 participation of and representation of adolescents in the

14 development, implementation, and planning of policies,

15 programs, and community-based services; and (4) promoting

16 research efforts to document the impact of policies and

17 programs on adolescents.

18  (c) The Commission shall collaborate with State agencies,

19 including the Illinois State Board of Education, the

20 Department of Human Services, the Department of Children and

21 Family Services, the Department of Commerce and Economic

22 Opportunity, the Illinois Student Assistance Commission, the

23 Department of Healthcare and Family Services, the Department

24 of Public Health, the Illinois Community College Board, the

25 Department of Juvenile Justice, the Illinois Criminal Justice

26 Information Authority, the Department of Military Affairs, the
    HB0862 Enrolled      - 148 - LRB104 04759 SPS 14786 b

1 Illinois Arts Council, the Department of Corrections, the

2 Board of Higher Education, Department of Disability Advocacy

3 and Illinois Guardianship and Advocacy Commission, Department

4 on Aging, and others.

5   (d) The Commission shall be comprised of 15 members

6 appointed by the Governor. Each member shall have a working

7 knowledge of youth development, human services, and economic

8 public policy in Illinois. One chairperson shall be a

9 representative of a statewide nonprofit children and family

10 services organization who has previously completed a similar

11 analysis of the Illinois State budget. The other chairperson

12 shall be a member of the General Assembly. Of the remaining

13 members:

14  (1) at least one member representing an organization

15  that has expertise in the needs of low-income youth;

16  (2) at least one member representing an organization

17  that has expertise in the needs of youth of color;

18  (3) at least one member representing an organization

19  that has expertise in the needs of youth who are

20  immigrants or are children of immigrants;

21  (4) at least one member representing an organization

22  that has expertise in the needs of youth who identify as

23  LGBTQ, gender non-conforming, or both;

24  (5) at least one member representing an organization

25  that has expertise in the needs of youth who are

26  disconnected from traditional educational systems;
    HB0862 Enrolled  - 149 - LRB104 04759 SPS 14786 b

1   (6) at least one member representing an organization

2   that has expertise in the needs of youth who are

3   experiencing homelessness; and

4   (7) at least one member representing an organization

5   that has expertise in the needs of youth and young adults

6   involved with the justice system.

7   Commission members shall reflect regional representation

8 to ensure that the needs of adolescents throughout the State

9 of Illinois are met. Members will serve without compensation,

10 but shall be reimbursed for Commission-related expenses. Of

11 the initial members appointed under this Section: 5 members

12 shall serve for a 3-year term; 5 members shall serve for a

13 4-year term; and 5 members shall serve for a 5-year term. Their

14 successors shall serve for 5-year terms.

15  (e) The Governor's Office of Management and Budget shall

16 provide administrative support to the Commission.

17 (Source: P.A. 100-818, eff. 8-13-18.)

18  Section 10-10. The Youth Homelessness Prevention

19 Subcommittee Act is amended by changing Section 20 as follows:

20  (15 ILCS 60/20)

21  Sec. 20. Membership. The Youth Homelessness Prevention

22 Subcommittee shall include the following members:

23  (1) One representative from the Governor's office.

24  (2) The Director of the Department of Children and
    HB0862 Enrolled         - 150 - LRB104 04759 SPS 14786 b

1   Family Services.

2   (3) The Director of the Department of Healthcare and

3   Family Services.

4   (4) The Secretary of the Department of Human Services.

5   (5) The Director of the Department of Juvenile

6   Justice.

7   (6) The Director of the Department of Corrections.

8   (7) The Director of the Department of Public Health.

9   (8) The Director of the Department of Disability

10  Advocacy and Guardianship and Advocacy Commission.

11  (9) Four representatives from agencies serving

12  homeless youth.

13  (10) One representative from a homeless advocacy

14  organization.

15  (11) One representative from a juvenile justice

16  advocacy organization.

17  (12) Four youth who have a lived experience with

18  homelessness.

19 (Source: P.A. 101-98, eff. 1-1-20.)

20  Section 10-15. The Civil Administrative Code of Illinois

21 is amended by changing Sections 5-15 and 5-20 and by adding

22 Sections 5-218, 5-348, and 5-543 as follows:

23  (20 ILCS 5/5-15) (was 20 ILCS 5/3)

24  Sec. 5-15. Departments of State government. The
    HB0862 Enrolled  - 151 - LRB104 04759 SPS 14786 b

1 Departments of State government are created as follows:

2   The Department on Aging.

3   The Department of Agriculture.

4   The Department of Central Management Services.

5   The Department of Children and Family Services.

6   The Department of Commerce and Economic Opportunity.

7   The Department of Corrections.

8   The Department of Disability Advocacy and

9   Guardianship.

10  The Department of Early Childhood.

11  The Department of Employment Security.

12  The Illinois Emergency Management Agency.

13  The Department of Financial and Professional

14  Regulation.

15  The Department of Healthcare and Family Services.

16  The Department of Human Rights.

17  The Department of Human Services.

18  The Department of Innovation and Technology.

19  The Department of Insurance.

20  The Department of Juvenile Justice.

21  The Department of Labor.

22  The Department of the Lottery.

23  The Department of Natural Resources.

24  The Department of Public Health.

25  The Department of Revenue.

26  The Illinois State Police.
    HB0862 Enrolled  - 152 - LRB104 04759 SPS 14786 b

1   The Department of Transportation.

2   The Department of Veterans Affairs.

3 (Source: P.A. 103-594, eff. 6-25-24; 104-234, eff. 8-15-25.)

4   (20 ILCS 5/5-20) (was 20 ILCS 5/4)

5   Sec. 5-20. Heads of departments. Each department shall

6 have an officer as its head who shall be known as director or

7 secretary and who shall, subject to the provisions of the

8 Civil Administrative Code of Illinois, execute the powers and

9 discharge the duties vested by law in his or her respective

10 department.

11  The following officers are hereby created:

12  Director of Aging, for the Department on Aging.

13  Director of Agriculture, for the Department of

14  Agriculture.

15  Director of Central Management Services, for the

16  Department of Central Management Services.

17  Director of Children and Family Services, for the

18  Department of Children and Family Services.

19  Director of Commerce and Economic Opportunity, for the

20  Department of Commerce and Economic Opportunity.

21  Director of Corrections, for the Department of

22  Corrections.

23  Director of Disability Advocacy and Guardianship, for

24  the Department of Disability Advocacy and Guardianship.

25  Director of the Illinois Emergency Management Agency,
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1   for the Illinois Emergency Management Agency.

2   Secretary of Early Childhood, for the Department of

3   Early Childhood.

4   Director of Employment Security, for the Department of

5   Employment Security.

6   Secretary of Financial and Professional Regulation,

7   for the Department of Financial and Professional

8   Regulation.

9   Director of Healthcare and Family Services, for the

10  Department of Healthcare and Family Services.

11  Director of Human Rights, for the Department of Human

12  Rights.

13  Secretary of Human Services, for the Department of

14  Human Services.

15  Secretary of Innovation and Technology, for the

16  Department of Innovation and Technology.

17  Director of Insurance, for the Department of

18  Insurance.

19  Director of Juvenile Justice, for the Department of

20  Juvenile Justice.

21  Director of Labor, for the Department of Labor.

22  Director of the Lottery, for the Department of the

23  Lottery.

24  Director of Natural Resources, for the Department of

25  Natural Resources.

26  Director of Public Health, for the Department of
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1   Public Health.

2   Director of Revenue, for the Department of Revenue.

3   Director of the Illinois State Police, for the

4   Illinois State Police.

5   Secretary of Transportation, for the Department of

6   Transportation.

7   Director of Veterans Affairs, for the Department of

8   Veterans Affairs.

9 (Source: P.A. 103-594, eff. 6-25-24; 104-234, eff. 8-15-25.)

10  (20 ILCS 5/5-218 new)

11  Sec. 5-218. Director of Disability Advocacy and

12 Guardianship. The Director of Disability Advocacy and

13 Guardianship shall be a person thoroughly conversant with the

14 purposes of the Guardianship and Advocacy Act, actively

15 interested in the development of programs to advocate for

16 individuals with disabilities, and not affiliated with any

17 entity that provides services to individuals with

18 disabilities.

19  (20 ILCS 5/5-348 new)

20  Sec. 5-348. In the Department of Disability Advocacy and

21 Guardianship. For terms beginning on or after July 1, 2027,

22 the Director of Disability Advocacy and Guardianship shall

23 receive an annual salary of $197,000 or as set by the Governor,

24 whichever is higher. On each July 1 thereafter, the Director
    HB0862 Enrolled        - 155 - LRB104 04759 SPS 14786 b

1 shall receive an increase in salary based on a cost-of-living
2 adjustment as authorized by Senate Joint Resolution 192 of the
3 86th General Assembly.

4   (20 ILCS 5/5-543 new)

5   Sec. 5-543. In the Department of Disability Advocacy and

6 Guardianship. A Disability Advocacy and Guardianship Advisory

7 Council composed and appointed as provided in the Guardianship

8 and Advocacy Act.

9   Section 10-20. The Department of Innovation and Technology

10 Act is amended by changing Section 1-5 as follows:

11  (20 ILCS 1370/1-5)

12  Sec. 1-5. Definitions. In this Act:

13  "Dedicated unit" means the dedicated bureau, division,

14 office, or other unit within a transferred agency that is

15 responsible for the information technology functions of the

16 transferred agency.

17  "Department" means the Department of Innovation and

18 Technology.

19  "Information        technology"      means         technology,

20 infrastructure, equipment, systems, software, networks, and

21 processes used to create, send, receive, and store electronic

22 or digital information, including, without limitation,

23 computer systems and telecommunication services and systems.
    HB0862 Enrolled  - 156 - LRB104 04759 SPS 14786 b

1 "Information technology" shall be construed broadly to

2 incorporate future technologies that change or supplant those

3 in effect as of the effective date of this Act.

4   "Information technology functions" means the development,

5 procurement, installation, retention, maintenance, operation,

6 possession, storage, and related functions of all information

7 technology.

8   "Secretary" means the Secretary of Innovation and

9 Technology.

10  "State agency" means each State agency, department, board,

11 and commission under the jurisdiction of the Governor to which

12 the Department provides services.

13  "Transferred agency" means the Department on Aging; the

14 Departments of Agriculture, Central Management Services,

15 Children and Family Services, Commerce and Economic

16 Opportunity, Corrections, Employment Security, Financial and

17 Professional Regulation, Healthcare and Family Services, Human

18 Rights, Human Services, Insurance, Juvenile Justice, Labor,

19 Lottery, Military Affairs, Natural Resources, Public Health,

20 Revenue, Transportation, and Veterans' Affairs; the Illinois

21 State Police; the Capital Development Board; the Deaf and Hard

22 of Hearing Commission; the Environmental Protection Agency;

23 the Governor's Office of Management and Budget; the Department

24 of Disability Advocacy and Guardianship and Advocacy

25 Commission; the Abraham Lincoln Presidential Library and

26 Museum; the Illinois Arts Council; the Illinois Council on
    HB0862 Enrolled     - 157 - LRB104 04759 SPS 14786 b

1 Developmental Disabilities; the Illinois Emergency Management
2 Agency; the Illinois Gaming Board; the Illinois Liquor Control
3 Commission; the Office of the State Fire Marshal; the Prisoner
4 Review Board; and the Department of Early Childhood.
5 (Source: P.A. 103-588, eff. 6-5-24; 104-195, eff. 1-1-26.)

6   Section 10-25. The Mental Health and Developmental

7 Disabilities Administrative Act is amended by changing

8 Sections 4.3 and 14 as follows:

9   (20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3)

10  Sec. 4.3. Site visits and inspections.

11  (a) (Blank).

12  (b) The Department shall establish a system of regular and

13 ongoing on-site inspections that shall occur at least annually

14 of each facility under its jurisdiction. The inspections shall

15 be conducted by the Department's central office to:

16  (1) Determine facility compliance with Department

17  policies and procedures;

18  (2) Determine facility compliance with audit

19  recommendations;

20  (3) Evaluate facility compliance with applicable

21  federal standards;

22  (4) Review and follow up on complaints made by

23  community mental health agencies and advocates, and on

24  findings of the Division of Disability Human Rights and
    HB0862 Enrolled   - 158 - LRB104 04759 SPS 14786 b

1   Protections Authority division of the Department of

2   Disability Advocacy and Guardianship and Advocacy

3   Commission;

4   (5) Review administrative and management problems

5   identified by other sources; and

6   (6) Identify and prevent abuse and neglect.

7 (Source: P.A. 95-427, eff. 1-1-08.)

8   (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)

9   Sec. 14. Chester Mental Health Center. To maintain and

10 operate a facility for the care, custody, and treatment of

11 persons with mental illness or habilitation of persons with

12 developmental disabilities hereinafter designated, to be known

13 as the Chester Mental Health Center.

14  Within the Chester Mental Health Center there shall be

15 confined the following classes of persons, whose history, in

16 the opinion of the Department, discloses dangerous or violent

17 tendencies and who, upon examination under the direction of

18 the Department, have been found a fit subject for confinement

19 in that facility:

20  (a) Any male person who is charged with the commission

21  of a crime but has been acquitted by reason of insanity as

22  provided in Section 5-2-4 of the Unified Code of

23  Corrections.

24  (b) Any male person who is charged with the commission

25  of a crime but has been found unfit under Article 104 of
    HB0862 Enrolled  - 159 - LRB104 04759 SPS 14786 b

1   the Code of Criminal Procedure of 1963.

2   (c) Any male person with mental illness or

3   developmental disabilities or person in need of mental

4   treatment now confined under the supervision of the

5   Department or hereafter admitted to any facility thereof

6   or committed thereto by any court of competent

7   jurisdiction.

8   If and when it shall appear to the facility director of the

9 Chester Mental Health Center that it is necessary to confine

10 persons in order to maintain security or provide for the

11 protection and safety of recipients and staff, the Chester

12 Mental Health Center may confine all persons on a unit to their

13 rooms. This period of confinement shall not exceed 10 hours in

14 a 24-hour 24 hour period, including the recipient's scheduled

15 hours of sleep, unless approved by the Secretary of the

16 Department. During the period of confinement, the persons

17 confined shall be observed at least every 15 minutes. A record

18 shall be kept of the observations. This confinement shall not

19 be considered seclusion as defined in the Mental Health and

20 Developmental Disabilities Code.

21  The facility director of the Chester Mental Health Center

22 may authorize the temporary use of handcuffs on a recipient

23 for a period not to exceed 10 minutes when necessary in the

24 course of transport of the recipient within the facility to

25 maintain custody or security. Use of handcuffs is subject to

26 the provisions of Section 2-108 of the Mental Health and
    HB0862 Enrolled  - 160 - LRB104 04759 SPS 14786 b

1 Developmental Disabilities Code. The facility shall keep a

2 monthly record listing each instance in which handcuffs are

3 used, circumstances indicating the need for use of handcuffs,

4 and time of application of handcuffs and time of release

5 therefrom. The facility director shall allow the Department of

6 Disability Advocacy and Illinois Guardianship and Advocacy

7 Commission, the agency designated by the Governor under

8 Section 1 of the Protection and Advocacy for Persons with

9 Developmental Disabilities Act, and the Department to examine

10 and copy such record upon request.

11  The facility director of the Chester Mental Health Center

12 may authorize the temporary use of transport devices on a

13 civil recipient when necessary in the course of transport of

14 the civil recipient outside the facility to maintain custody

15 or security. The decision whether to use any transport devices

16 shall be reviewed and approved on an individualized basis by a

17 physician, an advanced practice registered nurse, or a

18 physician assistant based upon a determination of the civil

19 recipient's: (1) history of violence, (2) history of violence

20 during transports, (3) history of escapes and escape attempts,

21 (4) history of trauma, (5) history of incidents of restraint

22 or seclusion and use of involuntary medication, (6) current

23 functioning level and medical status, and (7) prior experience

24 during similar transports, and the length, duration, and

25 purpose of the transport. The least restrictive transport

26 device consistent with the individual's need shall be used.
HB0862 Enrolled  - 161 - LRB104 04759 SPS 14786 b

 1 Staff transporting the individual shall be trained in the use
 2 of the transport devices, recognizing and responding to a
 3 person in distress, and shall observe and monitor the
 4 individual while being transported. The facility shall keep a
 5 monthly record listing all transports, including those
 6 transports for which use of transport devices was not sought,
 7 those for which use of transport devices was sought but
 8 denied, and each instance in which transport devices are used,
 9 circumstances indicating the need for use of transport
10 devices, time of application of transport devices, time of
11 release from those devices, and any adverse events. The
12 facility director shall allow the Department of Disability
13 Advocacy and Illinois Guardianship and Advocacy Commission,
14 the agency designated by the Governor under Section 1 of the
15 Protection and Advocacy for Persons with Developmental
16 Disabilities Act, and the Department to examine and copy the
17 record upon request. This use of transport devices shall not
18 be considered restraint as defined in the Mental Health and
19 Developmental Disabilities Code. For the purpose of this
20 Section "transport device" means ankle cuffs, handcuffs, waist
21 chains or wrist-waist devices designed to restrict an
22 individual's range of motion while being transported. These
23 devices must be approved by the Division of Mental Health,
24 used in accordance with the manufacturer's instructions, and
25 used only by qualified staff members who have completed all
26 training required to be eligible to transport patients and all
    HB0862 Enrolled     - 162 - LRB104 04759 SPS 14786 b

1 other required training relating to the safe use and

2 application of transport devices, including recognizing and

3 responding to signs of distress in an individual whose

4 movement is being restricted by a transport device.

5   If and when it shall appear to the satisfaction of the

6 Department that any person confined in the Chester Mental

7 Health Center is not or has ceased to be such a source of

8 danger to the public as to require his subjection to the

9 regimen of the center, the Department is hereby authorized to

10 transfer such person to any State facility for treatment of

11 persons with mental illness or habilitation of persons with

12 developmental disabilities, as the nature of the individual

13 case may require.

14  Subject to the provisions of this Section, the Department,

15 except where otherwise provided by law, shall, with respect to

16 the management, conduct and control of the Chester Mental

17 Health Center and the discipline, custody and treatment of the

18 persons confined therein, have and exercise the same rights

19 and powers as are vested by law in the Department with respect

20 to any and all of the State facilities for treatment of persons

21 with mental illness or habilitation of persons with

22 developmental disabilities, and the recipients thereof, and

23 shall be subject to the same duties as are imposed by law upon

24 the Department with respect to such facilities and the

25 recipients thereof.

26  The Department may elect to place persons who have been
    HB0862 Enrolled  - 163 - LRB104 04759 SPS 14786 b

 1 ordered by the court to be detained under the Sexually Violent
 2 Persons Commitment Act in a distinct portion of the Chester
 3 Mental Health Center. The persons so placed shall be separated
 4 and shall not commingle comingle with the recipients of the
 5 Chester Mental Health Center. The portion of Chester Mental
 6 Health Center that is used for the persons detained under the
 7 Sexually Violent Persons Commitment Act shall not be a part of
 8 the mental health facility for the enforcement and
 9 implementation of the Mental Health and Developmental
10 Disabilities Code nor shall their care and treatment be
11 subject to the provisions of the Mental Health and
12 Developmental Disabilities Code. The changes added to this
13 Section by this amendatory Act of the 98th General Assembly
14 are inoperative on and after June 30, 2015.
15 (Source: P.A. 99-143, eff. 7-27-15; 99-581, eff. 1-1-17;
16 100-513, eff. 1-1-18.)

17  Section 10-30. The Guardianship and Advocacy Act is

18 amended by changing the title of the Act and Sections 2, 3, 4,

19 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,

20 23, 24, 25, 26, 27, 28, 30, 31, 32, 33.5, 34, and 36 and by

21 adding Section 35.5 as follows:

22  (20 ILCS 3955/Act title)

23  An Act concerning the Department of Disability Advocacy

24 and Guardianship, created to safeguard the rights of and
    HB0862 Enrolled  - 164 - LRB104 04759 SPS 14786 b

1 advocate for persons with disabilities to create the
2 Guardianship and Advocacy Commission, to safeguard the rights
3 and to provide legal counsel and representation for eligible
4 persons and to create the Office of State Guardian for persons
5 with disabilities.

6   (20 ILCS 3955/2) (from Ch. 91 1/2, par. 702)

7   Sec. 2. As used in this Act, unless the context requires

8 otherwise:

9   "Advisory Council" means the Disability Advocacy and

10 Guardianship Advisory Council created by Section 5-543 of the

11 Civil Administrative Code of Illinois.

12  (a) "Authority" means a Human Rights Authority.

13  (b) "Department Commission" means the Department of

14 Disability Advocacy and Guardianship and Advocacy Commission.

15  (c) "Director" means the Director of the Department

16 Guardianship and Advocacy Commission.

17  (d) "Guardian" means a court-appointed court appointed

18 guardian for an adult or conservator.

19  (e) "Services" includes but is not limited to examination,

20 diagnosis, evaluation, treatment, care, training,

21 psychotherapy, pharmaceuticals, after-care, habilitation, and

22 rehabilitation provided for an eligible person.

23  (f) "Person" means an individual, corporation,

24 partnership, association, unincorporated organization, or a

25 government or any subdivision, agency, or instrumentality
    HB0862 Enrolled   - 165 - LRB104 04759 SPS 14786 b

1 thereof.

2   (g) "Eligible persons" means individuals who have

3 received, are receiving, have requested, or may be in need of

4 mental health services, or are "persons with a "developmental

5 disability" as defined in the federal Developmental

6 Disabilities Assistance and Bill of Rights Act of 2000 (42

7 U.S.C. 15002(8)) Services and Facilities Construction Act

8 (Public Law 94-103, Title II), as now or hereafter amended, or

9 "persons "with one or more disabilities" as defined in the

10 Rehabilitation of Persons with Disabilities Act.

11  "Regional board" means a regional board of the Division of

12 Disability Rights and Protections.

13  (h) "Rights" includes but is not limited to all rights,

14 benefits, and privileges guaranteed by law, the Constitution

15 of the State of Illinois, and the Constitution of the United

16 States.

17  (i) "Legal Advocacy Service attorney" means an attorney

18 employed by or under contract with the Division of Legal

19 Advocacy Service.

20  (j) "Service provider" means any public or private

21 facility, center, hospital, clinic, program, or any other

22 person devoted in whole or in part to providing services to

23 eligible persons.

24  (k) "State Guardian" means the Division Office of State

25 Guardian.

26  (l) "Ward" means a ward as defined by the Probate Act of
    HB0862 Enrolled         - 166 - LRB104 04759 SPS 14786 b

1 1975, as now or hereafter amended, who is at least 18 years of
2 age.
3 (Source: P.A. 99-143, eff. 7-27-15.)

4   (20 ILCS 3955/3) (from Ch. 91 1/2, par. 703)

5   Sec. 3. The Department of Disability Advocacy and

6 Guardianship and Advocacy Commission is hereby created as an

7 executive agency of state government. The Division of Legal

8 Advocacy Service, the Division of Disability Rights and

9 Protections, Human Rights Authority and the Division Office of

10 State Guardian shall be established as divisions of the

11 Department Commission.

12 (Source: P.A. 80-1487.)

13  (20 ILCS 3955/4) (from Ch. 91 1/2, par. 704)

14  Sec. 4. (a) The Advisory Council Commission shall consist

15 of 11 members, one of whom shall be a senior citizen age 60 or

16 over, who shall be appointed by the Governor, with the advice

17 and consent of the Senate, taking into account the

18 requirements of State and federal statutes. At least one

19 member of the Advisory Council shall be a senior citizen age 60

20 or older. At least one member shall be a person with one or

21 more disabilities or members of their families who receive

22 services and support as required under Section 15 of the

23 Persons with Disabilities on State Agency Boards Act. All

24 appointments shall be filed with the Secretary of State by the
   HB0862 Enrolled  - 167 - LRB104 04759 SPS 14786 b

1 appointing authority, with the advice and consent of the

2 Senate.

3  All appointments shall be filed with the Secretary of

4 State by the appointing authority.

5  (b) The terms of the original members of the Advisory

6 Council shall be the immediate former members of the

7 Guardianship and Advocacy Commission serving an unexpired term

8 on the Guardianship and Advocacy Commission on the day before

9 the effective date of the changes made to this Section by this

10 amendatory Act of the 104th General Assembly, who shall

11 continue to serve out their immediate terms on the Advisory

12 Council and may serve up to 2 full consecutive terms

13 thereafter. Any terms as a member of the Guardianship and

14 Advocacy Commission immediately preceding the creation of the

15 Department shall be considered in determining term limits. The

16 terms shall be 3 years beginning on July 1, with each member

17 serving no more than 2 full consecutive terms. All terms shall

18 continue until a successor is appointed 3 one year terms, 3 two

19 year terms, and 3 three year terms, all terms to continue until

20 a successor is appointed and qualified. The length of the

21 terms of the original members shall be drawn by lot of the

22 first meeting held by the Commission. The members first

23 appointed under this amendatory Act of 1984 shall serve for a

24 term of 3 years. Thereafter all terms shall be for 3 years,

25 with each member serving no more than 2 consecutive terms.

26 Vacancies in the membership are to be filled in the same manner
    HB0862 Enrolled         - 168 - LRB104 04759 SPS 14786 b

1 as original appointments. Appointments to fill vacancies

2 occurring before the expiration of a term are for the

3 remainder of the unexpired term. A member of the Commission

4 shall serve for a term ending on June 30 and until his

5 successor is appointed and qualified.

6   (c) The Advisory Council Commission shall annually elect a

7 Chair and a Vice-Chair Chairman and any other officers it

8 deems necessary. The Advisory Council Commission shall meet at

9 least once every 3 times annually. A majority of the members of

10 the Advisory Council, excluding vacancies, constitutes a

11 quorum months with the times and places of meetings determined

12 by the Chairman. Additional meetings may be called by the

13 Chairman upon written notice 7 days before the meeting or by

14 written petition of 5 members to the Chairman. Six members of

15 the Commission constitute a quorum.

16  (d) Members of the Advisory Council Commission are not

17 entitled to compensation but shall receive reimbursement for

18 actual expenses incurred in the performance of their duties.

19  (e) The Advisory Council shall advise and make

20 recommendations to the Department for the development of

21 policies and operations that will aid in carrying out the

22 purposes of this Act.

23 (Source: P.A. 83-1538.)

24  (20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)

25  Sec. 5. (a) The Department Commission shall establish
    HB0862 Enrolled         - 169 - LRB104 04759 SPS 14786 b

1 throughout the State such regions as it considers appropriate

2 to effectuate the purposes of the Division of Disability

3 Rights and Protections Authority under this Act, taking into

4 account the requirements of State and federal statutes;

5 population; civic, health and social service boundaries; and

6 other pertinent factors.

7   (b) The Department may Commission shall act through its

8 divisions as provided in this Act.

9   (c) The Department Commission shall establish general

10 policy guidelines for the operation of the Division of Legal

11 Advocacy Service, the Division of Disability Human Rights and

12 Protections, Authority and the Division of State Guardian in

13 furtherance of this Act. The policy guidelines shall ensure

14 that each division makes decisions with an appropriate level

15 of independence. Any action taken by a regional board

16 authority is subject to the review and approval of the

17 Director Commission. The Director Commission, acting on a

18 request from the Director, may disapprove any action of a

19 regional board authority, in which case the regional board

20 authority shall cease such action.

21  (d) The Director Commission shall hire a Director and

22 staff to carry out the powers and duties of the Department

23 Commission and its divisions pursuant to this Act and the

24 rules and regulations promulgated by the Department

25 Commission. All staff, other than the Director, shall be

26 subject to the Personnel Code.
    HB0862 Enrolled          - 170 - LRB104 04759 SPS 14786 b

1   (e) (Blank). The Commission shall review and evaluate the

2 operations of the divisions.

3   (f) The Department Commission shall operate subject to the

4 provisions of the Illinois Procurement Code.

5   (g) The Department Commission shall prepare its budget.

6   (h) The Department Commission shall prepare an annual

7 report on its operations and submit the report to the Governor

8 and the General Assembly.

9   The requirement for reporting to the General Assembly

10 shall be satisfied by filing copies of the report as required

11 by Section 3.1 of the General Assembly Organization Act, and

12 filing such additional copies with the State Government Report

13 Distribution Center for the General Assembly as is required

14 under paragraph (t) of Section 7 of the State Library Act.

15  (i) The Department Commission shall establish rules and

16 regulations for the conduct of the work of its divisions,

17 including rules and regulations for the Division of Legal

18 Advocacy Service and the Division of State Guardian in

19 evaluating an eligible person's or ward's financial resources

20 for the purpose of determining whether the eligible person or

21 ward has the ability to pay for legal or guardianship services

22 received. The determination of the eligible person's financial

23 ability to pay for legal services shall be based upon the

24 number of dependents in the eligible person's family unit and

25 the income, liquid assets and necessary expenses, as

26 prescribed by rule of the Department Commission of: (1) the
    HB0862 Enrolled  - 171 - LRB104 04759 SPS 14786 b

1 eligible person; (2) the eligible person's spouse; and (3) the

2 parents of minor eligible persons. The determination of a

3 ward's ability to pay for guardianship services shall be based

4 upon the ward's estate. An eligible person or ward found to

5 have sufficient financial resources shall be required to pay

6 the Department Commission in accordance with standards

7 established by the Department Commission. No fees may be

8 charged for legal services given unless the eligible person is

9 given notice at the start of such services that such fees might

10 be charged. No fees may be charged for guardianship services

11 given unless the ward is given notice of the request for fees

12 filed with the probate court and the court approves the amount

13 of fees to be assessed. All fees collected shall be deposited

14 with the State Treasurer and placed in the Guardianship and

15 Advocacy Fund. The Department Commission shall establish rules

16 and regulations regarding the procedures of appeal for clients

17 prior to termination or suspension of legal services. Such

18 rules and regulations shall include, but not be limited to,

19 client notification procedures prior to the actual

20 termination, the scope of issues subject to appeal, and

21 procedures specifying when a final administrative decision is

22 made.

23  (j) The Department Commission shall take such actions as

24 it deems necessary and appropriate to receive private, federal

25 and other public funds to help support the divisions and to

26 safeguard the rights of eligible persons. Private funds and
    HB0862 Enrolled  - 172 - LRB104 04759 SPS 14786 b

1 property may be accepted, held, maintained, administered and

2 disposed of by the Department Commission, as trustee, for such

3 purposes for the benefit of the People of the State of Illinois

4 pursuant to the terms of the instrument granting the funds or

5 property to the Department Commission.

6   (k) The Department Commission may expend funds under the

7 State's plan to protect and advocate the rights of persons

8 with a developmental disability established under the federal

9 Developmental Disabilities Assistance and Bill of Rights Act

10 of 2000 Services and Facilities Construction Act (Public Law

11 94-103, Title II). If the Governor designates the Department

12 Commission to be the organization or agency to provide the

13 services called for in the State plan, the Department

14 Commission shall make these protection and advocacy services

15 available to persons with a developmental disability by

16 referral or by contracting for these services to the extent

17 practicable. If the Department Commission is unable to so make

18 available such protection and advocacy services, it shall

19 provide them through persons in its own employ.

20  (l) The Department Commission shall, to the extent funds

21 are available, monitor issues concerning the rights of

22 eligible persons and the care and treatment provided to those

23 persons, including but not limited to the incidence of abuse

24 or neglect of eligible persons. For purposes of that

25 monitoring the Department Commission shall have access to

26 reports of suspected abuse or neglect and information
    HB0862 Enrolled             - 173 - LRB104 04759 SPS 14786 b

1 regarding the disposition of such reports, subject to the
2 provisions of the Mental Health and Developmental Disabilities
3 Confidentiality Act.
4 (Source: P.A. 100-1148, eff. 12-10-18.)

5   (20 ILCS 3955/6) (from Ch. 91 1/2, par. 706)

6   Sec. 6. (a) The Department Commission may recommend to any

7 State agency or service provider regulations or procedures for

8 the purpose of safeguarding the rights of eligible persons.

9 The State agency or service provider shall notify the

10 Department Commission, within 60 days of the receipt of the

11 recommendations, of the action taken thereon and the reason

12 therefor. The Department Commission shall not make

13 recommendations that which interfere with the proper practice

14 of medical or other professions.

15  (b) The Department Commission may recommend to the General

16 Assembly legislation for the purpose of safeguarding the

17 rights of eligible persons.

18  (c) The Department Commission may take any other action as

19 may be reasonable to carry out the purposes of this Act.

20 (Source: P.A. 80-1487.)

21  (20 ILCS 3955/7) (from Ch. 91 1/2, par. 707)

22  Sec. 7. The Director shall:

23  (1) carry out the policies and programs of the

24  Department; Commission and
    HB0862 Enrolled          - 174 - LRB104 04759 SPS 14786 b

1   (2) coordinate the activities of the its divisions of

2   the Department; and may delegate to the Human Rights

3   Authority Director any duties described in Sections 14,

4   15, and 16 of this Act.

5   (3) organize and administer programs to provide legal

6   counsel and representation for eligible persons to ensure

7   that their legal rights are protected;

8   (4) examine and delineate the needs of eligible

9   persons for legal counsel and representation and the

10  resources necessary to meet those needs, subject to the

11  approval of the Department; and

12  (5) institute or cause to be instituted legal

13  proceedings as may be necessary to enforce and give effect

14  to any of the duties or powers of the Department or its

15  divisions.

16 (Source: P.A. 96-271, eff. 1-1-10.)

17  (20 ILCS 3955/8) (from Ch. 91 1/2, par. 708)

18  Sec. 8. The Director may delegate to employees of the

19 Department any of the duties described in Section 7 of this

20 Act. shall:

21  (1) Organize and administer programs to provide legal

22 counsel and representation for eligible persons so as to

23 ensure that their legal rights are protected;

24  (2) Examine and delineate the needs of eligible persons

25 for legal counsel and representation and the resources
    HB0862 Enrolled         - 175 - LRB104 04759 SPS 14786 b

1 necessary to meet those needs, subject to the approval of the

2 Commission; and

3   (3) Institute or cause to be instituted such legal

4 proceedings as may be necessary to enforce and give effect to

5 any of the duties or powers of the Commission or its divisions.

6 (Source: P.A. 80-1487.)

7   (20 ILCS 3955/10) (from Ch. 91 1/2, par. 710)

8   Sec. 10. The Division of Legal Advocacy Service shall:

9   (1) Make available legal counsel to eligible persons in

10 judicial proceedings arising out of the "Mental Health and

11 Developmental Disabilities Code", enacted by the Eightieth

12 General Assembly, as now or hereafter amended, including but

13 not limited to admission, civil commitment, involuntary

14 treatment, legal competency and discharge;

15  (2) Make available or provide legal counsel and

16 representation to eligible persons to enforce rights or duties

17 arising out of any mental health or related laws, local, State

18 or federal.

19 (Source: P.A. 80-1487.)

20  (20 ILCS 3955/11) (from Ch. 91 1/2, par. 711)

21  Sec. 11. The Division of Legal Advocacy Service shall make

22 available counsel for eligible persons by referral or by

23 contracting for legal services to the extent practicable. The

24 Division of Legal Advocacy Service shall make a good faith
    HB0862 Enrolled  - 176 - LRB104 04759 SPS 14786 b

 1 effort to assist eligible persons to engage private counsel,
 2 and to contact private counsel for eligible persons whose
 3 disabilities limit their capacity to independently contact
 4 private counsel. If the Division of Legal Advocacy Service is
 5 unable to so make available counsel, it shall provide
 6 attorneys in its own employ. Taking into consideration the
 7 availability of private counsel in the eligible person's local
 8 area, the Department Commission shall establish, by rule, the
 9 standards and procedures by which it will attempt to assist
10 eligible persons to engage private counsel.
11 (Source: P.A. 84-1358.)

12  (20 ILCS 3955/12) (from Ch. 91 1/2, par. 712)

13  Sec. 12. A Legal Advocacy Service attorney shall:

14  (1) have ready access to view and copy all mental health

15 records pertaining to his client, as provided in the "Mental

16 Health and Developmental Disabilities Confidentiality Act",

17 enacted by the Eightieth General Assembly, as now or hereafter

18 amended, and such other records to which he is permitted

19 access; and

20  (2) have the opportunity to consult with his client

21 whenever necessary for the performance of his duties. Service

22 providers shall provide adequate space and privacy for the

23 purpose of attorney-client consultation. No attorney shall

24 have the right to visit eligible persons or look at their

25 records for the purpose of soliciting cases for
         HB0862 Enrolled    - 177 - LRB104 04759 SPS 14786 b

1 representation.
2 (Source: P.A. 80-1487.)

3   (20 ILCS 3955/13) (from Ch. 91 1/2, par. 713)

4   Sec. 13. Nothing in this Act shall be construed to

5 prohibit an eligible person from being represented by

6 privately retained counsel or from waiving his right to an

7 attorney in proceedings under the "Mental Health and

8 Developmental Disabilities Code", approved by the Eightieth

9 General Assembly, as now or hereafter amended, or as otherwise

10 provided by law. If a Legal Advocacy Service attorney has been

11 appointed by a court and the eligible person secures his own

12 counsel or is permitted to self-represent, the court shall

13 discharge the Legal Advocacy Service attorney.

14 (Source: P.A. 80-1487.)

15  (20 ILCS 3955/14) (from Ch. 91 1/2, par. 714)

16  Sec. 14. Each regional board authority shall consist of at

17 least 7 members and no more than 9 members appointed by the

18 Director, in accordance with this Section. Each regional board

19 authority shall include insofar as possible one professionally

20 knowledgeable and broadly experienced employee or officer of a

21 provider of each of the following services: mental health,

22 developmental disabilities, and vocational rehabilitation. No

23 other employee or officer of a service provider shall be

24 appointed to a regional board authority. In making
    HB0862 Enrolled  - 178 - LRB104 04759 SPS 14786 b

1 appointments, the Director shall strive to ensure

2 representation of minority groups and of eligible persons, and

3 shall give due consideration to recommendations of persons and

4 groups assisting eligible persons. The Director may remove for

5 incompetence, neglect of duty, or malfeasance in office any

6 member of a regional board authority. Each member of a

7 regional board shall become a member of a regional board while

8 retaining the existing end date of the member's current term.

9 All terms shall be for 3 years, with each member serving no

10 more than 2 consecutive terms, including terms as a member of a

11 regional authority of the Guardianship and Advocacy Commission

12 immediately preceding the creation of the Department. No

13 member shall serve for more than 2 full consecutive 3-year

14 terms. A quorum shall consist of a majority of appointed

15 members, excluding vacancies All actions taken by the Director

16 to appoint or remove members shall be reported to the

17 Commission at the next scheduled Commission meeting.

18  Each regional board authority shall annually elect a Chair

19 chairman and any other officers it deems necessary. Members of

20 the regional authorities shall serve for a term of 3 years,

21 except that the terms of the first appointees shall be as

22 follows: 3 members serving for a 1 year term; 3 members serving

23 for a 2 year term; and 3 members serving for a 3 year term.

24 Assignment of terms of such first appointees shall be by lot.

25 No member shall serve for more than 2 consecutive 3 year terms.

26 A quorum shall consist of a majority of appointed members.
    HB0862 Enrolled  - 179 - LRB104 04759 SPS 14786 b

1   Vacancies in the regional board authorities shall be

2 filled by the Director. Appointments to fill vacancies

3 occurring before the expiration of a term are for the

4 remainder of the unexpired term in the same manner as original

5 appointments.

6   Members of the regional board authorities shall serve

7 without compensation but shall be reimbursed for actual

8 expenses incurred in the performance of their duties.

9   Each regional board authority shall meet not less than

10 once every 2 months. Meetings may also be held upon call of the

11 Regional Chair Chairman or upon written request of a majority

12 of the appointed any 5 members of the regional board,

13 excluding vacancies authority.

14 (Source: P.A. 104-273, eff. 1-1-26.)

15  (20 ILCS 3955/15) (from Ch. 91 1/2, par. 715)

16  Sec. 15. A regional board that authority which receives a

17 complaint alleging that the rights of an eligible person have

18 been violated in the region in which the regional board

19 authority sits, shall conduct an investigation unless it

20 determines that the complaint is frivolous or beyond the scope

21 of its authority or competence, or unless the Director finds

22 that a conflict of interest exists and directs another

23 regional board authority to conduct the investigation. The

24 regional board authority shall inform the complainant of

25 whether it will conduct an investigation, and if not, the
    HB0862 Enrolled    - 180 - LRB104 04759 SPS 14786 b

1 reason therefor. The regional board authority may advise a
2 complainant as to other remedies which may be available.
3 Reassignments of investigations for conflicts of interest and
4 refusals to investigate shall be reviewed and approved by the
5 Director and the Director may seek direction from the
6 Commission.
7 (Source: P.A. 96-271, eff. 1-1-10.)

8   (20 ILCS 3955/16) (from Ch. 91 1/2, par. 716)

9   Sec. 16. A regional board authority may conduct

10 investigations upon its own initiative if it has reason to

11 believe that the rights of an eligible person have been

12 violated in the region in which the regional board authority

13 sits, unless the Director finds that a conflict of interest

14 exists and directs another regional board authority to conduct

15 the investigation.

16 (Source: P.A. 96-271, eff. 1-1-10.)

17  (20 ILCS 3955/17) (from Ch. 91 1/2, par. 717)

18  Sec. 17. In the course of an investigation, a regional

19 board authority may enter and inspect the premises of a

20 service provider or State agency and question privately any

21 person therein within reasonable limits and in a reasonable

22 manner. Whenever possible, prior notice shall be given the

23 parties regarding the nature, location, and persons involved

24 in a particular investigation.
         HB0862 Enrolled    - 181 - LRB104 04759 SPS 14786 b
1 (Source: P.A. 80-1416.)

2   (20 ILCS 3955/18) (from Ch. 91 1/2, par. 718)

3   Sec. 18. In the course of an investigation, a regional

4 board authority may inspect and copy any materials relevant to

5 the investigation in the possession of a service provider or

6 state agency. However, a regional board authority may not

7 inspect or copy materials containing personally identifiable

8 data which cannot can not be removed without imposing an

9 unreasonable burden on the service provider or State agency,

10 except as provided herein. The regional board authority shall

11 give written notice to the person entitled to give consent for

12 the identifiable eligible person under Section 5 of the

13 "Mental Health and Developmental Disabilities Confidentiality

14 Act", enacted by the Eightieth General Assembly, as now or

15 hereafter amended, or under any other relevant law, that it is

16 conducting an investigation and indicating the nature and

17 purpose of the investigation and the need to inspect and copy

18 materials containing data that identifies the eligible person.

19 If the person notified objects in writing to such inspection

20 and copying, the regional board authority may not inspect or

21 copy such materials. The service provider or State agency may

22 not object on behalf of an eligible person.

23 (Source: P.A. 80-1487.)

24  (20 ILCS 3955/19) (from Ch. 91 1/2, par. 719)
    HB0862 Enrolled         - 182 - LRB104 04759 SPS 14786 b

1   Sec. 19. No regional board authority may disclose to any

2 person any materials which identify an eligible person unless

3 the eligible person or legally authorized person consents to

4 such disclosure, except if and to the extent that disclosure

5 may be necessary for the appointment of a guardian for such

6 eligible person.

7 (Source: P.A. 80-1487.)

8   (20 ILCS 3955/20) (from Ch. 91 1/2, par. 720)

9   Sec. 20. A regional board authority may conduct hearings

10 and compel by subpoena the attendance and testimony of such

11 witnesses and the production of such materials as are

12 necessary or desirable for its investigation.

13 (Source: P.A. 80-1487.)

14  (20 ILCS 3955/21) (from Ch. 91 1/2, par. 721)

15  Sec. 21. A regional board authority may, subject to the

16 provisions of the Open Meetings Act, conduct closed meetings

17 and hearings when necessary to ensure confidentiality or to

18 protect the rights of any eligible person or provider of

19 services or other person. However, it shall make public a

20 summary of business conducted during any such meeting or

21 hearing. Such summary shall not contain personally

22 identifiable data.

23 (Source: P.A. 96-271, eff. 1-1-10.)
    HB0862 Enrolled         - 183 - LRB104 04759 SPS 14786 b

1   (20 ILCS 3955/22) (from Ch. 91 1/2, par. 722)

2   Sec. 22. During the course of an investigation, the

3 regional board authority shall periodically inform the

4 complainant, or provider and any eligible person involved of

5 the status of the investigation.

6 (Source: P.A. 80-1487.)

7   (20 ILCS 3955/23) (from Ch. 91 1/2, par. 723)

8   Sec. 23. If a regional board authority finds that:

9   A. a matter should be further considered;

10  B. an act investigated should be modified or cancelled;

11  C. a statute or regulation should be altered;

12  D. reasons should be given for an act; or

13  E. any other action should be taken;

14 it shall report its recommendations to the State agency,

15 service provider or other person investigated. Such person

16 investigated shall notify the regional board authority, within

17 30 days of the receipt of such recommendations, of the action

18 taken thereon and the reason therefor.

19 (Source: P.A. 80-1416.)

20  (20 ILCS 3955/24) (from Ch. 91 1/2, par. 724)

21  Sec. 24. If a regional board authority determines that

22 further action is required, it may refer a matter to the

23 Director Commission or another division of the Department

24 thereof, and any federal, State, or local agency, or other
    HB0862 Enrolled         - 184 - LRB104 04759 SPS 14786 b

1 persons, as it may deem appropriate and as approved by the
2 Director, as it may deem appropriate and as approved by the
3 Director.
4 (Source: P.A. 96-271, eff. 1-1-10.)

5   (20 ILCS 3955/25) (from Ch. 91 1/2, par. 725)

6   Sec. 25. Within 10 days of the completion of its

7 investigation, the regional board authority shall inform the

8 complainant and the eligible person involved of the outcome of

9 its investigation and of any action taken thereon.

10 (Source: P.A. 80-1487.)

11  (20 ILCS 3955/26) (from Ch. 91 1/2, par. 726)

12  Sec. 26. Subject to the provisions of Section 19, a

13 regional board authority may make public its findings and

14 recommendations. It shall include in any such public statement

15 any reply made by the State agency, service provider, or other

16 person investigated that has requested that the reply be so

17 included. The State agency, service provider, or other person

18 investigated provider or person shall have opportunity to

19 review and object to any proposed public findings and

20 recommendations. If the State agency, service provider, or

21 other person investigated requests, the objections shall be

22 included with public findings and recommendations issued by

23 the regional board authority in the this matter.

24 (Source: P.A. 80-1416.)
    HB0862 Enrolled         - 185 - LRB104 04759 SPS 14786 b

1   (20 ILCS 3955/27) (from Ch. 91 1/2, par. 727)

2   Sec. 27. A regional board authority may, by acting through

3 the Director, propose to the Department Commission legislation

4 for the purpose of safeguarding the rights of eligible

5 persons.

6 (Source: P.A. 96-271, eff. 1-1-10.)

7   (20 ILCS 3955/28) (from Ch. 91 1/2, par. 728)

8   Sec. 28. A regional board authority may take such other

9 action as may be reasonable and appropriate to carry out the

10 purposes of this Act.

11 (Source: P.A. 80-1416.)

12  (20 ILCS 3955/30) (from Ch. 91 1/2, par. 730)

13  Sec. 30. When appointed by the court pursuant to the

14 "Probate Act of 1975", approved August 7, 1975, as now or

15 hereafter amended, the Division of State Guardian shall serve

16 as guardian, either plenary or limited; temporary guardian;

17 testamentary guardian; or successor guardian; of the person or

18 the estate, or both, of a ward. If nomination is testamentary

19 the Division of State Guardian shall be notified in writing at

20 the time of the death of the testator. The Division Office of

21 State Guardian may file a petition for its own appointment, or

22 for the appointment of any other person, if the Division of

23 State Guardian determines that the filing of the petition may
    HB0862 Enrolled  - 186 - LRB104 04759 SPS 14786 b

1 avoid the need for State guardianship. In addition, the
2 Division of State Guardian may assist the court, as the court
3 may request, in proceedings for the appointment of a guardian
4 and in the supervision of persons and agencies which have been
5 appointed as guardians.
6 (Source: P.A. 89-396, eff. 8-20-95.)

7   (20 ILCS 3955/31) (from Ch. 91 1/2, par. 731)

8   Sec. 31. Appointment; availability of Division of State

9 Guardian; available private guardian.

10  (a) The Division of State Guardian shall not be appointed

11 if another suitable person is available and willing to accept

12 the guardianship appointment. In all cases where a court

13 appoints the Division of State Guardian, the court shall

14 indicate in the order appointing the guardian as a finding of

15 fact that no other suitable and willing person could be found

16 to accept the guardianship appointment. On and after the

17 effective date of the this amendatory Act of the 97th General

18 Assembly, the court shall also indicate in the order, as a

19 finding of fact, the reasons that the Division of State

20 Guardian appointment, rather than the appointment of another

21 interested party, is required. This requirement shall be

22 waived where the Division Office of State Guardian petitions

23 for its own appointment as guardian.

24  (b) In all cases in which the Division of State Guardian

25 has been appointed to prior to or after the effective date of
    HB0862 Enrolled         - 187 - LRB104 04759 SPS 14786 b

 1 the changes made to this Section by this amendatory Act of the
 2 104th General Assembly, the Division of State Guardian shall
 3 be recognized as a division of the Department. Any reference
 4 in law, regulation, order, or appointment to the State
 5 Guardian or Office of State Guardian as a division of the
 6 Guardianship and Advocacy Commission shall be deemed to refer
 7 to the State Guardian as a division of the Department of
 8 Disability Advocacy and Guardianship. This subsection applies
 9 retroactively and prospectively to all appointments, actions,
10 and proceedings involving the State Guardian or its wards.
11 (Source: P.A. 97-1093, eff. 1-1-13.)

12  (20 ILCS 3955/32) (from Ch. 91 1/2, par. 732)

13  Sec. 32. The Division of State Guardian shall have the

14 same powers and duties as a private guardian as provided in

15 Article XIa of the Probate Act of 1975, approved August 7,

16 1975. The State Guardian shall not provide direct residential

17 services to its wards. The State Guardian shall visit and

18 consult with its wards at least four times a year for as long

19 as the guardianship continues.

20 (Source: P.A. 80-1416.)

21  (20 ILCS 3955/33.5)

22  Sec. 33.5. Guardianship training program. The State

23 Guardian shall provide a training program that outlines the

24 duties and responsibilities of guardians appointed under
    HB0862 Enrolled  - 188 - LRB104 04759 SPS 14786 b

 1 Article XIa of the Probate Act of 1975. The training program
 2 shall be offered to courts at no cost, and shall outline the
 3 duties responsibilities of a guardian and the rights of a
 4 person under guardianship. The training program shall have 2
 5 components: one for guardians of the person and another for
 6 guardians of the estate. The State Guardian shall determine
 7 the content of the training. The component for guardians of
 8 the person shall include content regarding Alzheimer's disease
 9 and dementia, including, but not limited to, the following
10 topics: effective communication strategies; best practices for
11 interacting with people living with Alzheimer's disease or
12 related forms of dementia; and strategies for supporting
13 people living with Alzheimer's disease or related forms of
14 dementia in exercising their rights. In developing the
15 training program content, the State Guardian shall consult
16 with the courts, State and national guardianship
17 organizations, public guardians, advocacy organizations, and
18 persons and family members with direct experience with adult
19 guardianship. In the preparation and dissemination of training
20 materials, the State Guardian shall give due consideration to
21 making the training materials accessible to persons with
22 disabilities.
23 (Source: P.A. 103-64, eff. 1-1-24; 104-237, eff. 1-1-26.)

24  (20 ILCS 3955/34) (from Ch. 91 1/2, par. 734)

25  Sec. 34. A person, including a private citizen or employee
    HB0862 Enrolled          - 189 - LRB104 04759 SPS 14786 b

1 of a service provider, who, in good faith, files a complaint
2 with or provides information to the Department or any of its
3 divisions Commission or any division thereof, including
4 private citizens and employees of service providers, shall not
5 be subject to any penalties, sanctions, or restrictions as a
6 consequence of filing the complaint or providing the
7 information.
8 (Source: P.A. 80-1416.)

9   (20 ILCS 3955/35.5 new)

10  Sec. 35.5. Applicability to employee status. Nothing in

11 this amendatory Act of the 104th General Assembly affects or

12 otherwise changes the status and rights of any employees of

13 the Guardianship and Advocacy Commission who are covered under

14 the Personnel Code, the Illinois Public Labor Relations Act,

15 an applicable collective bargaining agreement, or a pension,

16 retirement, or annuity plan.

17  (20 ILCS 3955/36) (from Ch. 91 1/2, par. 736)

18  Sec. 36. Rules and regulations adopted by the Department

19 Commission pursuant to authority granted under this Act shall

20 be subject to the provisions of the Illinois Administrative

21 Procedure Act.

22 (Source: P.A. 84-1358.)

23  (20 ILCS 3955/35 rep.)
    HB0862 Enrolled            - 190 - LRB104 04759 SPS 14786 b

1   Section 10-33. The Guardianship and Advocacy Act is

2 amended by repealing Section 35.

3   Section 10-35. The Persons with Disabilities on State

4 Agency Boards Act is amended by changing Section 10 as

5 follows:

6   (20 ILCS 4007/10)

7   Sec. 10. Definitions. As used in this Act, unless the

8 context requires otherwise:

9   "Disability" means a physical or mental characteristic

10 resulting from disease, injury, congenital condition of birth,

11 or functional disorder, the history of such a characteristic,

12 or the perception of such a characteristic, when the

13 characteristic results in substantial functional limitations

14 in 3 or more of the following areas of major life activity:

15 self care, fine motor skills, mobility, vision, respiration,

16 learning, work, receptive and expressive language (hearing and

17 speaking), self direction, capacity for independent living,

18 and economic sufficiency.

19  "State human services agency" means the following:

20  (1) The Citizens Council on Mental Health and

21  Developmental Disabilities created under Article 11A of

22  the Legislative Commission Reorganization Act of 1984.

23  (2) Advisory councils created by the Department of

24  Human Rights under Section 7-107 of the Illinois Human
    HB0862 Enrolled  - 191 - LRB104 04759 SPS 14786 b

1   Rights Act.

2   (3) The Department of Disability Advocacy and

3   Guardianship and Advocacy Commission created under the

4   Guardianship and Advocacy Act.

5   (4) (Blank).

6 (Source: P.A. 100-866, eff. 8-14-18.)

7   Section 10-45. The State Finance Act is amended by

8 changing Section 6z-22 as follows:

9   (30 ILCS 105/6z-22) (from Ch. 127, par. 142z-22)

10  Sec. 6z-22. All fees or other monies received by the

11 Department of Disability Advocacy and Guardianship and

12 Advocacy Commission incident to the provision of legal or

13 guardianship services to eligible persons or wards pursuant to

14 subsection (i) of Section 5 of the Guardianship and Advocacy

15 Act shall be paid into the Guardianship and Advocacy Fund.

16  Appropriations for the improvement, development, addition

17 or expansion of legal and guardianship services for eligible

18 persons or wards pursuant to Section 5 of the Guardianship and

19 Advocacy Act or for the financing of any program designed to

20 provide such improvement, development, addition or expansion

21 of services or for expenses incurred in administering the

22 Division of Human Rights Authority, Legal Advocacy, the

23 Division of Disability Rights and Protections, and the

24 Division Service and Office of State Guardian are payable from
    HB0862 Enrolled    - 192 - LRB104 04759 SPS 14786 b

1 the Guardianship and Advocacy Fund.
2 (Source: P.A. 86-448; 86-1028.)

3   Section 10-50. The Public Interest Attorney Assistance Act

4 is amended by changing Section 15 as follows:

5   (110 ILCS 916/15)

6   Sec. 15. Definitions. For the purposes of this Act:

7   "Assistant State's Attorney" means a full-time employee of

8 a State's Attorney in Illinois or the State's Attorneys

9 Appellate Prosecutor who is continually licensed to practice

10 law and prosecutes or defends cases on behalf of the State or a

11 county.

12  "Assistant Attorney General" means a full-time employee of

13 the Illinois Attorney General who is continually licensed to

14 practice law and prosecutes or defends cases on behalf of the

15 State.

16  "Assistant Public Defender" means a full-time employee of

17 a Public Defender in Illinois or the State Appellate Defender

18 who is continually licensed to practice law and provides legal

19 representation to indigent persons, as provided by statute.

20  "Assistant public guardian" means a full-time employee of

21 a public guardian in Illinois who is continually licensed to

22 practice law and provides legal representation pursuant to

23 court appointment.

24  "Civil legal aid" means free or reduced-cost legal
    HB0862 Enrolled         - 193 - LRB104 04759 SPS 14786 b

1 representation or advice to low-income clients in non-criminal

2 matters.

3   "Civil legal aid attorney" means an attorney who is

4 continually licensed to practice law and is employed full time

5 as an attorney at a civil legal aid organization in Illinois.

6   "Civil legal aid organization" means a not-for-profit

7 corporation in Illinois that (i) is exempt from the payment of

8 federal income tax pursuant to Section 501(c)(3) of the

9 Internal Revenue Code, (ii) is established for the purpose of

10 providing legal services that include civil legal aid, (iii)

11 employs 2 or more full-time attorneys who are licensed to

12 practice law in this State and who directly provide civil

13 legal aid, and (iv) is in compliance with registration and

14 filing requirements that are applicable under the Charitable

15 Trust Act and the Solicitation for Charity Act.

16  "Commission" means the Illinois Student Assistance

17 Commission.

18  "Committee" means the advisory committee created under

19 Section 20 of this Act.

20  "Eligible debt" means outstanding principal, interest, and

21 related fees from loans obtained for undergraduate, graduate,

22 or law school educational expenses made by government or

23 commercial lending institutions or educational institutions.

24 "Eligible debt" excludes loans made by a private individual or

25 family member.

26  "Department of Disability Advocacy and Guardianship IGAC
    HB0862 Enrolled          - 194 - LRB104 04759 SPS 14786 b

1 attorney" means a full-time employee of the Department of

2 Disability Illinois Guardianship and Advocacy and Guardianship

3 Commission, including the Division Office of State Guardian,

4 the Division of Legal Advocacy Service, and the Division of

5 Disability Human Rights and Protections Authority, who is

6 continually licensed to practice law and provides legal

7 representation to carry out the responsibilities of the

8 Department of Disability Advocacy and Illinois Guardianship

9 and Advocacy Commission.

10  "Legislative attorney" means a full-time employee of the

11 Illinois Senate, the Illinois House of Representatives, or the

12 Illinois Legislative Reference Bureau who is continually

13 licensed to practice law and provides legal advice to members

14 of the General Assembly.

15  "Program" means the Public Interest Attorney Loan

16 Repayment Assistance Program.

17  "Public interest attorney" means an attorney practicing in

18 Illinois who is an assistant State's Attorney, assistant

19 Public Defender, civil legal aid attorney, assistant Attorney

20 General, assistant public guardian, Department of Disability

21 Advocacy and Guardianship IGAC attorney, or legislative

22 attorney.

23  "Qualifying employer" means (i) an Illinois State's

24 Attorney or the State's Attorneys Appellate Prosecutor, (ii)

25 an Illinois Public Defender or the State Appellate Defender,

26 (iii) an Illinois civil legal aid organization, (iv) the
    HB0862 Enrolled             - 195 - LRB104 04759 SPS 14786 b

1 Illinois Attorney General, (v) an Illinois public guardian,
2 (vi) the Department of Disability Advocacy and Illinois
3 Guardianship and Advocacy Commission, (vii) the Illinois
4 Senate, (viii) the Illinois House of Representatives, or (ix)
5 the Illinois Legislative Reference Bureau.
6 (Source: P.A. 96-615, eff. 1-1-10; 96-768, eff. 1-1-10.)

7   Section 10-55. The Abused and Neglected Long Term Care

8 Facility Residents Reporting Act is amended by changing

9 Sections 4 and 6 as follows:

10  (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)

11  Sec. 4. Any long term care facility administrator, agent

12 or employee or any physician, hospital, surgeon, dentist,

13 osteopath, chiropractor, podiatric physician, accredited

14 religious practitioner who provides treatment by spiritual

15 means alone through prayer in accordance with the tenets and

16 practices of the accrediting church, coroner, social worker,

17 social services administrator, registered nurse, law

18 enforcement officer, field personnel of the Department of

19 Healthcare and Family Services, field personnel of the

20 Illinois Department of Public Health and County or Municipal

21 Health Departments, personnel of the Department of Human

22 Services (acting as the successor to the Department of Mental

23 Health and Developmental Disabilities or the Department of

24 Public Aid), personnel of the Department of Disability
    HB0862 Enrolled  - 196 - LRB104 04759 SPS 14786 b

1 Advocacy and Guardianship (acting as the successor to the

2 Guardianship and Advocacy Commission), personnel of the State

3 Fire Marshal, local fire department inspectors or other

4 personnel, or personnel of the Illinois Department on Aging,

5 or its subsidiary Agencies on Aging, or employee of a facility

6 licensed under the Assisted Living and Shared Housing Act,

7 having reasonable cause to believe any resident with whom they

8 have direct contact has been subjected to abuse or neglect

9 shall immediately report or cause a report to be made to the

10 Department. Persons required to make reports or cause reports

11 to be made under this Section include all employees of the

12 State of Illinois who are involved in providing services to

13 residents, including professionals providing medical or

14 rehabilitation services and all other persons having direct

15 contact with residents; and further include all employees of

16 community service agencies who provide services to a resident

17 of a public or private long term care facility outside of that

18 facility. Any long term care surveyor of the Illinois

19 Department of Public Health who has reasonable cause to

20 believe in the course of a survey that a resident has been

21 abused or neglected and initiates an investigation while on

22 site at the facility shall be exempt from making a report under

23 this Section but the results of any such investigation shall

24 be forwarded to the central register in a manner and form

25 described by the Department.

26  The requirement of this Act shall not relieve any
    HB0862 Enrolled  - 197 - LRB104 04759 SPS 14786 b

1 long-term long term care facility administrator, agent or

2 employee of responsibility to report the abuse or neglect of a

3 resident under Section 3-610 of the Nursing Home Care Act or

4 under Section 3-610 of the ID/DD Community Care Act or under

5 Section 3-610 of the MC/DD Act or under Section 2-107 of the

6 Specialized Mental Health Rehabilitation Act of 2013.

7   In addition to the above persons required to report

8 suspected resident abuse and neglect, any other person may

9 make a report to the Department, or to any law enforcement

10 officer, if such person has reasonable cause to suspect a

11 resident has been abused or neglected.

12  This Section also applies to residents whose death occurs

13 from suspected abuse or neglect before being found or brought

14 to a hospital.

15  A person required to make reports or cause reports to be

16 made under this Section who fails to comply with the

17 requirements of this Section is guilty of a Class A

18 misdemeanor.

19 (Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;

20 98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)

21  (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)

22  Sec. 6. All reports of suspected abuse or neglect made

23 under this Act shall be made immediately by telephone to the

24 Department's central register established under Section 14 on

25 the single, State-wide, toll-free telephone number established
HB0862 Enrolled  - 198 - LRB104 04759 SPS 14786 b

 1 under Section 13, or in person or by telephone through the
 2 nearest Department office. No long-term long term care
 3 facility administrator, agent or employee, or any other
 4 person, shall screen reports or otherwise withhold any reports
 5 from the Department, and no long-term long term care facility,
 6 department of State government, or other agency shall
 7 establish any rules, criteria, standards or guidelines to the
 8 contrary. Every long-term long term care facility, department
 9 of State government and other agency whose employees are
10 required to make or cause to be made reports under Section 4
11 shall notify its employees of the provisions of that Section
12 and of this Section, and provide to the Department
13 documentation that such notification has been given. The
14 Department of Human Services shall train all of its mental
15 health and developmental disabilities employees in the
16 detection and reporting of suspected abuse and neglect of
17 residents. Reports made to the central register through the
18 State-wide, toll-free telephone number shall be transmitted to
19 appropriate Department offices and municipal health
20 departments that have responsibility for licensing long term
21 care facilities under the Nursing Home Care Act, the
22 Specialized Mental Health Rehabilitation Act of 2013, the
23 ID/DD Community Care Act, or the MC/DD Act. All reports
24 received through offices of the Department shall be forwarded
25 to the central register, in a manner and form described by the
26 Department. The Department shall be capable of receiving
    HB0862 Enrolled  - 199 - LRB104 04759 SPS 14786 b

1 reports of suspected abuse and neglect 24 hours a day, 7 days a

2 week. Reports shall also be made in writing deposited in the

3 U.S. mail, postage prepaid, within 24 hours after having

4 reasonable cause to believe that the condition of the resident

5 resulted from abuse or neglect. Such reports may in addition

6 be made to the local law enforcement agency in the same manner.

7 However, in the event a report is made to the local law

8 enforcement agency, the reporter also shall immediately so

9 inform the Department. The Department shall initiate an

10 investigation of each report of resident abuse and neglect

11 under this Act, whether oral or written, as provided for in

12 Section 3-702 of the Nursing Home Care Act, Section 2-208 of

13 the Specialized Mental Health Rehabilitation Act of 2013,

14 Section 3-702 of the ID/DD Community Care Act, or Section

15 3-702 of the MC/DD Act, except that reports of abuse which

16 indicate that a resident's life or safety is in imminent

17 danger shall be investigated within 24 hours of such report.

18 The Department may delegate to law enforcement officials or

19 other public agencies the duty to perform such investigation.

20  With respect to investigations of reports of suspected

21 abuse or neglect of residents of mental health and

22 developmental disabilities institutions under the jurisdiction

23 of the Department of Human Services, the Department shall

24 transmit copies of such reports to the Illinois State Police,

25 the Department of Human Services, and the Inspector General

26 appointed under Section 1-17 of the Department of Human
HB0862 Enrolled  - 200 - LRB104 04759 SPS 14786 b

 1 Services Act. If the Department receives a report of suspected
 2 abuse or neglect of a recipient of services as defined in
 3 Section 1-123 of the Mental Health and Developmental
 4 Disabilities Code, the Department shall transmit copies of
 5 such report to the Inspector General and the Director
 6 Directors of the Disability Advocacy and Guardianship and
 7 Advocacy Commission and the agency designated by the Governor
 8 pursuant to the Protection and Advocacy for Persons with
 9 Developmental Disabilities Act. When requested by the Director
10 of the Disability Advocacy and Guardianship and Advocacy
11 Commission, the agency designated by the Governor pursuant to
12 the Protection and Advocacy for Persons with Developmental
13 Disabilities Act, or the Department of Financial and
14 Professional Regulation, the Department, the Department of
15 Human Services and the Illinois State Police shall make
16 available a copy of the final investigative report regarding
17 investigations conducted by their respective agencies on
18 incidents of suspected abuse or neglect of residents of mental
19 health and developmental disabilities institutions or
20 individuals receiving services at community agencies under the
21 jurisdiction of the Department of Human Services. Such final
22 investigative report shall not contain witness statements,
23 investigation notes, draft summaries, results of lie detector
24 tests, investigative files or other raw data which was used to
25 compile the final investigative report. Specifically, the
26 final investigative report of the Illinois State Police shall
    HB0862 Enrolled  - 201 - LRB104 04759 SPS 14786 b

1 mean the Director's final transmittal letter. The Department

2 of Human Services shall also make available a copy of the

3 results of disciplinary proceedings of employees involved in

4 incidents of abuse or neglect to the Directors. All

5 identifiable information in reports provided shall not be

6 further disclosed except as provided by the Mental Health and

7 Developmental Disabilities Confidentiality Act. Nothing in

8 this Section is intended to limit or construe the power or

9 authority granted to the agency designated by the Governor

10 pursuant to the Protection and Advocacy for Persons with

11 Developmental Disabilities Act, pursuant to any other State or

12 federal statute.

13  With respect to investigations of reported resident abuse

14 or neglect, the Department shall effect with appropriate law

15 enforcement agencies formal agreements concerning methods and

16 procedures for the conduct of investigations into the criminal

17 histories of any administrator, staff assistant or employee of

18 the nursing home or other person responsible for the residents

19 care, as well as for other residents in the nursing home who

20 may be in a position to abuse, neglect or exploit the patient.

21 Pursuant to the formal agreements entered into with

22 appropriate law enforcement agencies, the Department may

23 request information with respect to whether the person or

24 persons set forth in this paragraph have ever been charged

25 with a crime and if so, the disposition of those charges.

26 Unless the criminal histories of the subjects involved crimes
    HB0862 Enrolled  - 202 - LRB104 04759 SPS 14786 b

1 of violence or resident abuse or neglect, the Department shall

2 be entitled only to information limited in scope to charges

3 and their dispositions. In cases where prior crimes of

4 violence or resident abuse or neglect are involved, a more

5 detailed report can be made available to authorized

6 representatives of the Department, pursuant to the agreements

7 entered into with appropriate law enforcement agencies. Any

8 criminal charges and their disposition information obtained by

9 the Department shall be confidential and may not be

10 transmitted outside the Department, except as required herein,

11 to authorized representatives or delegates of the Department,

12 and may not be transmitted to anyone within the Department who

13 is not duly authorized to handle resident abuse or neglect

14 investigations.

15  The Department shall effect formal agreements with

16 appropriate law enforcement agencies in the various counties

17 and communities to encourage cooperation and coordination in

18 the handling of resident abuse or neglect cases pursuant to

19 this Act. The Department shall adopt and implement methods and

20 procedures to promote statewide uniformity in the handling of

21 reports of abuse and neglect under this Act, and those methods

22 and procedures shall be adhered to by personnel of the

23 Department involved in such investigations and reporting. The

24 Department shall also make information required by this Act

25 available to authorized personnel within the Department, as

26 well as its authorized representatives.
    HB0862 Enrolled            - 203 - LRB104 04759 SPS 14786 b

1   The Department shall keep a continuing record of all

2 reports made pursuant to this Act, including indications of

3 the final determination of any investigation and the final

4 disposition of all reports.

5   The Department shall report annually to the General

6 Assembly on the incidence of abuse and neglect of long term

7 care facility residents, with special attention to residents

8 who are persons with mental disabilities. The report shall

9 include but not be limited to data on the number and source of

10 reports of suspected abuse or neglect filed under this Act,

11 the nature of any injuries to residents, the final

12 determination of investigations, the type and number of cases

13 where abuse or neglect is determined to exist, and the final

14 disposition of cases.

15 (Source: P.A. 102-538, eff. 8-20-21.)

16  Section 10-60. The Community Living Facilities Licensing

17 Act is amended by changing Section 5 as follows:

18  (210 ILCS 35/5) (from Ch. 111 1/2, par. 4185)

19  Sec. 5. Licensing standards. The Department shall

20 promulgate rules and regulations establishing minimum

21 standards for licensing of Community Living Facilities. These

22 rules shall regulate:

23  (1) The location of Community Living Facilities. These

24 provisions shall insure that the Community Living Facilities
    HB0862 Enrolled  - 204 - LRB104 04759 SPS 14786 b

1 are in appropriate neighborhoods and shall prohibit

2 concentration of these housing programs in communities.

3   (2) The operation and conduct of Community Living

4 Facilities.

5   (3) The general financial ability, competence, character

6 and qualifications of the applicant to provide appropriate

7 care and comply with this Act.

8   (4) The appropriateness, safety, cleanliness and general

9 adequacy of the premises, including maintenance of adequate

10 fire protection and health standards, conforming to State laws

11 and municipal codes, to provide for the physical comfort,

12 well-being, care and protection of the residents.

13  (5) The number, character, training and qualifications of

14 personnel directly responsible for the residents.

15  (6) Provisions for food, clothing, educational

16 opportunities, social activities, home furnishings and

17 personal property to insure the healthy physical, emotional

18 and mental development of residents.

19  (7) Implementation of habilitation plans for each

20 resident.

21  (8) Provisions for residents to receive appropriate

22 programming and support services commensurate with their

23 individual needs, and to participate in decisions regarding

24 their use of programs and support services.

25  Such services should include educational opportunities,

26 vocational training and other day activities aimed at
    HB0862 Enrolled        - 205 - LRB104 04759 SPS 14786 b

1 promoting independence and improving basic living skills.

2   (9) Provisions and criteria for admission, discharge and

3 transfers at Community Living Facilities.

4   (10) Provisions specifying the role and responsibilities

5 of residents for upkeep of their rooms and the overall

6 maintenance and care of the Community Living Facilities. These

7 provisions shall allow the residents to participate in normal,

8 daily activities associated with community living.

9   (11) Provisions to insure that residents are notified of

10 their legal rights, as defined in the rules promulgated

11 pursuant to subsection (12) of this Section and to assist them

12 in exercising these rights. Upon admission to a Community

13 Living Facility, residents shall be provided a copy of their

14 rights and related rules, regulations and policies, and the

15 name, address, and telephone number of the Department of

16 Disability Advocacy and Guardianship and Advocacy Commission.

17  (12) Resident rights, which shall include, but need not be

18 limited to, those guaranteed by the "Mental Health and

19 Developmental Disabilities Code", as amended.

20  (13) Maintenance of records pertaining to the admission,

21 habilitation, and discharge of residents, and to the general

22 operation of Community Living Facilities.

23 (Source: P.A. 82-567.)

24  Section 10-65. The Nursing Home Care Act is amended by

25 changing Sections 2-106 and 2-201 as follows:
    HB0862 Enrolled             - 206 - LRB104 04759 SPS 14786 b

1   (210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)

2   Sec. 2-106. Restraints.

3   (a) For purposes of this Act, a physical restraint is any

4 manual method or physical or mechanical device, material, or

5 equipment attached or adjacent to a resident's body that the

6 resident cannot remove easily and restricts freedom of

7 movement or normal access to one's body, and a chemical

8 restraint is any drug used for discipline or convenience and

9 not required to treat medical symptoms.

10  Devices used for positioning, including, but not limited

11 to, bed rails and gait belts, shall not be considered to be

12 physical restraints for purposes of this Act unless the device

13 is used to restrain or otherwise limit the patient's freedom

14 to move. A device used for positioning must be requested by the

15 resident or, if the resident is unable to consent, the

16 resident's guardian or authorized representative, or the need

17 for that device must be physically demonstrated by the

18 resident and documented in the resident's care plan. The

19 physically demonstrated need of the resident for a device used

20 for positioning must be revisited in every comprehensive

21 assessment of the resident.

22  The Department shall by rule, designate certain devices as

23 restraints, including at least all those devices which have

24 been determined to be restraints by the United States

25 Department of Health and Human Services in interpretive
    HB0862 Enrolled  - 207 - LRB104 04759 SPS 14786 b

1 guidelines issued for the purposes of administering Titles

2 XVIII and XIX of the Social Security Act.

3   (b) Neither restraints nor confinements shall be employed

4 for the purpose of punishment or for the convenience of any

5 facility personnel. No restraints or confinements shall be

6 employed except as ordered by a physician who documents the

7 need for such restraints or confinements in the resident's

8 clinical record.

9   (c) A restraint may be used only with the informed consent

10 of the resident, the resident's guardian, or other authorized

11 representative. A restraint may be used only for specific

12 periods, if it is the least restrictive means necessary to

13 attain and maintain the resident's highest practicable

14 physical, mental or psychosocial well-being, including brief

15 periods of time to provide necessary life-saving treatment. A

16 restraint may be used only after consultation with appropriate

17 health professionals, such as occupational or physical

18 therapists, and a trial of less restrictive measures has led

19 to the determination that the use of less restrictive measures

20 would not attain or maintain the resident's highest

21 practicable physical, mental or psychosocial well-being.

22 However, if the resident needs emergency care, restraints may

23 be used for brief periods to permit medical treatment to

24 proceed unless the facility has notice that the resident has

25 previously made a valid refusal of the treatment in question.

26  (d) A restraint may be applied only by a person trained in
    HB0862 Enrolled    - 208 - LRB104 04759 SPS 14786 b

1 the application of the particular type of restraint.

2   (e) Whenever a period of use of a restraint is initiated,

3 the resident shall be advised of his or her right to have a

4 person or organization of his or her choosing, including the

5 Department of Disability Advocacy and Guardianship and

6 Advocacy Commission, notified of the use of the restraint. A

7 recipient who is under guardianship may request that a person

8 or organization of his or her choosing be notified of the

9 restraint, whether or not the guardian approves the notice. If

10 the resident so chooses, the facility shall make the

11 notification within 24 hours, including any information about

12 the period of time that the restraint is to be used. Whenever

13 the Department of Disability Advocacy and Guardianship and

14 Advocacy Commission is notified that a resident has been

15 restrained, it shall contact the resident to determine the

16 circumstances of the restraint and whether further action is

17 warranted.

18  (f) Whenever a restraint is used on a resident whose

19 primary mode of communication is sign language, the resident

20 shall be permitted to have his or her hands free from restraint

21 for brief periods each hour, except when this freedom may

22 result in physical harm to the resident or others.

23  (g) The requirements of this Section are intended to

24 control in any conflict with the requirements of Sections

25 1-126 and 2-108 of the Mental Health and Developmental

26 Disabilities Code.
   HB0862 Enrolled  - 209 - LRB104 04759 SPS 14786 b

1 (Source: P.A. 103-489, eff. 1-1-24.)

2  (210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201)

3  Sec. 2-201. To protect the residents' funds, the facility:

4  (1) Shall at the time of admission provide, in order of

5 priority, each resident, or the resident's guardian, if any,

6 or the resident's representative, if any, or the resident's

7 immediate family member, if any, with a written statement

8 explaining to the resident and to the resident's spouse (a)

9 their spousal impoverishment rights, as defined at Section 5-4

10 of the Illinois Public Aid Code, and at Section 303 of Title

11 III of the Medicare Catastrophic Coverage Act of 1988 (P.L.

12 100-360), (b) their obligation to comply with the asset and

13 income disclosure requirements of Title XIX of the federal

14 Social Security Act and the regulations duly promulgated

15 thereunder, except that this item (b) does not apply to

16 facilities operated by the Illinois Department of Veterans

17 Affairs that do not participate in Medicaid, and (c) the

18 resident's rights regarding personal funds and listing the

19 services for which the resident will be charged. The facility

20 shall obtain a signed acknowledgment from each resident or the

21 resident's guardian, if any, or the resident's representative,

22 if any, or the resident's immediate family member, if any,

23 that such person has received the statement and understands

24 that failure to comply with asset and income disclosure

25 requirements may result in the denial of Medicaid eligibility.
    HB0862 Enrolled   - 210 - LRB104 04759 SPS 14786 b

1   (2) May accept funds from a resident for safekeeping and

2 managing, if it receives written authorization from, in order

3 of priority, the resident or the resident's guardian, if any,

4 or the resident's representative, if any, or the resident's

5 immediate family member, if any; such authorization shall be

6 attested to by a witness who has no pecuniary interest in the

7 facility or its operations, and who is not connected in any way

8 to facility personnel or the administrator in any manner

9 whatsoever.

10  (3) Shall maintain and allow, in order of priority, each

11 resident or the resident's guardian, if any, or the resident's

12 representative, if any, or the resident's immediate family

13 member, if any, access to a written record of all financial

14 arrangements and transactions involving the individual

15 resident's funds.

16  (4) Shall provide, in order of priority, each resident, or

17 the resident's guardian, if any, or the resident's

18 representative, if any, or the resident's immediate family

19 member, if any, with a written itemized statement at least

20 quarterly, of all financial transactions involving the

21 resident's funds.

22  (5) Shall purchase a surety bond, or otherwise provide

23 assurance satisfactory to the Departments of Public Health and

24 Insurance that all residents' personal funds deposited with

25 the facility are secure against loss, theft, and insolvency.

26  (6) Shall keep any funds received from a resident for
    HB0862 Enrolled  - 211 - LRB104 04759 SPS 14786 b

1 safekeeping in an account separate from the facility's funds,

2 and shall at no time withdraw any part or all of such funds for

3 any purpose other than to return the funds to the resident upon

4 the request of the resident or any other person entitled to

5 make such request, to pay the resident his allowance, or to

6 make any other payment authorized by the resident or any other

7 person entitled to make such authorization.

8   (7) Shall deposit any funds received from a resident in

9 excess of $100 in an interest bearing account insured by

10 agencies of, or corporations chartered by, the State or

11 federal government. The account shall be in a form which

12 clearly indicates that the facility has only a fiduciary

13 interest in the funds and any interest from the account shall

14 accrue to the resident. The facility may keep up to $100 of a

15 resident's money in a non-interest bearing account or petty

16 cash fund, to be readily available for the resident's current

17 expenditures.

18  (8) Shall return to the resident, or the person who

19 executed the written authorization required in subsection (2)

20 of this Section, upon written request, all or any part of the

21 resident's funds given the facility for safekeeping, including

22 the interest accrued from deposits.

23  (9) Shall (a) place any monthly allowance to which a

24 resident is entitled in that resident's personal account, or

25 give it to the resident, unless the facility has written

26 authorization from the resident or the resident's guardian or
    HB0862 Enrolled  - 212 - LRB104 04759 SPS 14786 b

1 if the resident is a minor, his parent, to handle it

2 differently, (b) take all steps necessary to ensure that a

3 personal needs allowance that is placed in a resident's

4 personal account is used exclusively by the resident or for

5 the benefit of the resident, and (c) where such funds are

6 withdrawn from the resident's personal account by any person

7 other than the resident, require such person to whom funds

8 constituting any part of a resident's personal needs allowance

9 are released, to execute an affidavit that such funds shall be

10 used exclusively for the benefit of the resident.

11  (10) Unless otherwise provided by State law, upon the

12 death of a resident, shall provide the executor or

13 administrator of the resident's estate with a complete

14 accounting of all the resident's personal property, including

15 any funds of the resident being held by the facility.

16  (11) If an adult resident is incapable of managing his

17 funds and does not have a resident's representative, guardian,

18 or an immediate family member, shall notify the Division

19 Office of the State Guardian of the Department of Disability

20 Advocacy and Guardianship and Advocacy Commission.

21  (12) If the facility is sold, shall provide the buyer with

22 a written verification by a public accountant of all

23 residents' monies and properties being transferred, and obtain

24 a signed receipt from the new owner.

25 (Source: P.A. 104-234, eff. 8-15-25.)
    HB0862 Enrolled     - 213 - LRB104 04759 SPS 14786 b

1   Section 10-67. The Community-Integrated Living

2 Arrangements Licensure and Certification Act is amended by

3 changing Section 9.1 as follows:

4   (210 ILCS 135/9.1)

5   Sec. 9.1. Recipient's funds; protection.

6   (a) To protect a recipient's funds, a service provider:

7   (1) May accept funds from a recipient for safekeeping

8   and management if the service provider receives written

9   authorization from the recipient or the recipient's

10  guardian.

11  (2) Shall maintain a written record of all financial

12  arrangements and transactions involving each individual

13  recipient's funds and shall allow each recipient, or the

14  recipient's guardian, access to that written record.

15  (3) Shall provide, in order of priority, each

16  recipient, or the recipient's guardian, if any, or the

17  recipient's immediate family member, if any, with a

18  written itemized statement of all financial transactions

19  involving the recipient's funds or a copy of the

20  recipient's checking or savings account register for the

21  period. This information shall be provided at least

22  quarterly.

23  (4) Shall purchase and maintain a surety bond or other

24  commercial policy with crime coverage in an amount equal

25  to or greater than all of the recipient's personal funds
    HB0862 Enrolled  - 214 - LRB104 04759 SPS 14786 b

1   deposited with the service provider to which employees of

2   the service provider have access to secure against loss,

3   theft, and insolvency. The insurance company that provides

4   the surety bond or commercial policy with crime coverage

5   shall inform the Division of Developmental Disabilities of

6   the Department of Human Services of any reduction or

7   cancellation of the surety bond or commercial policy with

8   crime coverage.

9   (5) Shall keep any funds received from a recipient in

10  an account separate from the service provider's funds for

11  safekeeping, and shall not withdraw all or any part of the

12  recipient's funds unless the service provider is (i)

13  returning the funds to the recipient upon the request of

14  the recipient or any other person entitled to make the

15  request, (ii) paying the recipient his or her allowance,

16  or (iii) making any other payment authorized by the

17  recipient or any other person entitled to make that

18  authorization.

19  (6) Shall deposit any funds received from a recipient

20  in excess of $100 in an interest-bearing account insured

21  by agencies of, or corporations chartered by, the State or

22  the federal government. The account shall be in a form

23  that clearly indicates that the service provider has only

24  a fiduciary interest in the funds and that any interest

25  earned on funds in the account shall accrue to the

26  recipient. The service provider may keep up to $100 of a
    HB0862 Enrolled  - 215 - LRB104 04759 SPS 14786 b

1   recipient's funds in a non-interest-bearing account or

2   petty cash fund, to be readily available for the

3   recipient's current expenditures.

4   (7) Shall, upon written request of a recipient or the

5   recipient's guardian, return to the recipient or the

6   recipient's guardian of the estate all or any part of the

7   recipient's funds given to the service provider for

8   safekeeping, including the accrued interest earned on the

9   deposits of the recipient's funds.

10  (8) Shall (i) place any monthly allowance that a

11  recipient is entitled to in the recipient's personal

12  account or give the monthly allowance directly to the

13  recipient, unless the service provider has written

14  authorization from the recipient, the recipient's

15  guardian, or the recipient's parent if the recipient is a

16  minor, to handle the monthly allowance differently, (ii)

17  take all steps necessary to ensure that a monthly

18  allowance that is placed in a recipient's personal account

19  is used exclusively by the recipient or for the

20  recipient's benefit, and (iii) require any person other

21  than the recipient who withdraws funds from the

22  recipient's personal account that constitute any portion

23  of the recipient's monthly allowance to execute an

24  affidavit that the funds will be used exclusively for the

25  benefit of the recipient.

26  (9) If an adult recipient is incapable of managing his
    HB0862 Enrolled  - 216 - LRB104 04759 SPS 14786 b

1   or her funds and does not have a guardian or immediate

2   family member, the service provider shall notify the

3   Division Office of the State Guardian of the Guardianship

4   and Advocacy Commission.

5   (b) Upon the death of a recipient, unless otherwise

6 provided by State law, the service provider shall provide the

7 executor or administrator of the recipient's estate with a

8 complete accounting of all the recipient's personal property,

9 including any funds of the recipient being held by the service

10 provider.

11  (c) If a recipient changes service providers, the former

12 service provider shall provide the new service provider with a

13 written verification by a public accountant of all the

14 recipient's money and property being transferred and shall

15 obtain a signed receipt for the money and property from the new

16 service provider upon transfer of the recipient's money and

17 property.

18  (d) If a service provider is sold, the service provider

19 shall provide the new owner with a written verification by a

20 public accountant of all the recipient's money and property

21 being transferred and shall obtain a signed receipt for the

22 money and property from the new owner upon transfer of the

23 recipient's money and property.

24 (Source: P.A. 98-1073, eff. 8-26-14.)

25  Section 10-70. The MC/DD Act is amended by changing
    HB0862 Enrolled       - 217 - LRB104 04759 SPS 14786 b

1 Sections 2-106 and 2-201 as follows:

2   (210 ILCS 46/2-106)

3   Sec. 2-106. Restraints and confinements.

4   (a) For purposes of this Act:

5   (i) A physical restraint is any manual method or

6   physical or mechanical device, material, or equipment

7   attached or adjacent to a resident's body that the

8   resident cannot remove easily and restricts freedom of

9   movement or normal access to one's body. Devices used for

10  positioning, including but not limited to bed rails, gait

11  belts, and cushions, shall not be considered to be

12  restraints for purposes of this Section.

13  (ii) A chemical restraint is any drug used for

14  discipline or convenience and not required to treat

15  medical symptoms. The Department shall by rule, designate

16  certain devices as restraints, including at least all

17  those devices which have been determined to be restraints

18  by the United States Department of Health and Human

19  Services in interpretive guidelines issued for the

20  purposes of administering Titles XVIII and XIX of the

21  Social Security Act.

22  (b) Neither restraints nor confinements shall be employed

23 for the purpose of punishment or for the convenience of any

24 facility personnel. No restraints or confinements shall be

25 employed except as ordered by a physician who documents the
   HB0862 Enrolled  - 218 - LRB104 04759 SPS 14786 b

1 need for such restraints or confinements in the resident's

2 clinical record. Each facility licensed under this Act must

3 have a written policy to address the use of restraints and

4 seclusion. The Department shall establish by rule the

5 provisions that the policy must include, which, to the extent

6 practicable, should be consistent with the requirements for

7 participation in the federal Medicare program. Each policy

8 shall include periodic review of the use of restraints.

9  (c) A restraint may be used only with the informed consent

10 of the resident, the resident's guardian, or other authorized

11 representative. A restraint may be used only for specific

12 periods, if it is the least restrictive means necessary to

13 attain and maintain the resident's highest practicable

14 physical, mental or psychosocial well-being well being,

15 including brief periods of time to provide necessary

16 lifesaving life saving treatment. A restraint may be used only

17 after consultation with appropriate health professionals, such

18 as occupational or physical therapists, and a trial of less

19 restrictive measures has led to the determination that the use

20 of less restrictive measures would not attain or maintain the

21 resident's highest practicable physical, mental or

22 psychosocial well-being well being. However, if the resident

23 needs emergency care, restraints may be used for brief periods

24 to permit medical treatment to proceed unless the facility has

25 notice that the resident has previously made a valid refusal

26 of the treatment in question.
    HB0862 Enrolled  - 219 - LRB104 04759 SPS 14786 b

1   (d) A restraint may be applied only by a person trained in

2 the application of the particular type of restraint.

3   (e) Whenever a period of use of a restraint is initiated,

4 the resident shall be advised of his or her right to have a

5 person or organization of his or her choosing, including the

6 Department of Disability Advocacy and Guardianship and

7 Advocacy Commission, notified of the use of the restraint. A

8 recipient who is under guardianship may request that a person

9 or organization of his or her choosing be notified of the

10 restraint, whether or not the guardian approves the notice. If

11 the resident so chooses, the facility shall make the

12 notification within 24 hours, including any information about

13 the period of time that the restraint is to be used. Whenever

14 the Department of Disability Advocacy and Guardianship and

15 Advocacy Commission is notified that a resident has been

16 restrained, it shall contact the resident to determine the

17 circumstances of the restraint and whether further action is

18 warranted.

19  (f) Whenever a restraint is used on a resident whose

20 primary mode of communication is sign language, the resident

21 shall be permitted to have his or her hands free from restraint

22 for brief periods each hour, except when this freedom may

23 result in physical harm to the resident or others.

24  (g) The requirements of this Section are intended to

25 control in any conflict with the requirements of Sections

26 1-126 and 2-108 of the Mental Health and Developmental
    HB0862 Enrolled      - 220 - LRB104 04759 SPS 14786 b

1 Disabilities Code.
2 (Source: P.A. 99-180, eff. 7-29-15.)

3   (210 ILCS 46/2-201)

4   Sec. 2-201. Residents' funds. To protect the residents'

5 funds, the facility:

6   (1) Shall at the time of admission provide, in order of

7 priority, each resident, or the resident's guardian, if any,

8 or the resident's representative, if any, or the resident's

9 immediate family member, if any, with a written statement

10 explaining to the resident and to the resident's spouse (a)

11 their spousal impoverishment rights, as defined at Section 5-4

12 of the Illinois Public Aid Code, and at Section 303 of Title

13 III of the Medicare Catastrophic Coverage Act of 1988 (P.L.

14 100-360), and (b) the resident's rights regarding personal

15 funds and listing the services for which the resident will be

16 charged. The facility shall obtain a signed acknowledgment

17 from each resident or the resident's guardian, if any, or the

18 resident's representative, if any, or the resident's immediate

19 family member, if any, that such person has received the

20 statement.

21  (2) May accept funds from a resident for safekeeping and

22 managing, if it receives written authorization from, in order

23 of priority, the resident or the resident's guardian, if any,

24 or the resident's representative, if any, or the resident's

25 immediate family member, if any; such authorization shall be
    HB0862 Enrolled   - 221 - LRB104 04759 SPS 14786 b

1 attested to by a witness who has no pecuniary interest in the

2 facility or its operations, and who is not connected in any way

3 to facility personnel or the administrator in any manner

4 whatsoever.

5   (3) Shall maintain and allow, in order of priority, each

6 resident or the resident's guardian, if any, or the resident's

7 representative, if any, or the resident's immediate family

8 member, if any, access to a written record of all financial

9 arrangements and transactions involving the individual

10 resident's funds.

11  (4) Shall provide, in order of priority, each resident, or

12 the resident's guardian, if any, or the resident's

13 representative, if any, or the resident's immediate family

14 member, if any, with a written itemized statement at least

15 quarterly, of all financial transactions involving the

16 resident's funds.

17  (5) Shall purchase a surety bond, or otherwise provide

18 assurance satisfactory to the Departments of Public Health and

19 Financial and Professional Regulation that all residents'

20 personal funds deposited with the facility are secure against

21 loss, theft, and insolvency.

22  (6) Shall keep any funds received from a resident for

23 safekeeping in an account separate from the facility's funds,

24 and shall at no time withdraw any part or all of such funds for

25 any purpose other than to return the funds to the resident upon

26 the request of the resident or any other person entitled to
    HB0862 Enrolled  - 222 - LRB104 04759 SPS 14786 b

1 make such request, to pay the resident his or her allowance, or

2 to make any other payment authorized by the resident or any

3 other person entitled to make such authorization.

4   (7) Shall deposit any funds received from a resident in

5 excess of $100 in an interest-bearing interest bearing account

6 insured by agencies of, or corporations chartered by, the

7 State or federal government. The account shall be in a form

8 which clearly indicates that the facility has only a fiduciary

9 interest in the funds and any interest from the account shall

10 accrue to the resident. The facility may keep up to $100 of a

11 resident's money in a non-interest-bearing account or petty

12 cash fund, to be readily available for the resident's current

13 expenditures.

14  (8) Shall return to the resident, or the person who

15 executed the written authorization required in subsection (2)

16 of this Section, upon written request, all or any part of the

17 resident's funds given the facility for safekeeping, including

18 the interest accrued from deposits.

19  (9) Shall (a) place any monthly allowance to which a

20 resident is entitled in that resident's personal account, or

21 give it to the resident, unless the facility has written

22 authorization from the resident or the resident's guardian or

23 if the resident is a minor, his parent, to handle it

24 differently, (b) take all steps necessary to ensure that a

25 personal needs allowance that is placed in a resident's

26 personal account is used exclusively by the resident or for
    HB0862 Enrolled      - 223 - LRB104 04759 SPS 14786 b

1 the benefit of the resident, and (c) where such funds are

2 withdrawn from the resident's personal account by any person

3 other than the resident, require such person to whom funds

4 constituting any part of a resident's personal needs allowance

5 are released, to execute an affidavit that such funds shall be

6 used exclusively for the benefit of the resident.

7   (10) Unless otherwise provided by State law, upon the

8 death of a resident, shall provide the executor or

9 administrator of the resident's estate with a complete

10 accounting of all the resident's personal property, including

11 any funds of the resident being held by the facility.

12  (11) If an adult resident is incapable of managing his or

13 her funds and does not have a resident's representative,

14 guardian, or an immediate family member, shall notify the

15 Division Office of the State Guardian of the Department of

16 Disability Advocacy and Guardianship and Advocacy Commission.

17  (12) If the facility is sold, shall provide the buyer with

18 a written verification by a public accountant of all

19 residents' monies and properties being transferred, and obtain

20 a signed receipt from the new owner.

21 (Source: P.A. 99-180, eff. 7-29-15.)

22  Section 10-75. The ID/DD Community Care Act is amended by

23 changing Sections 2-106 and 2-201 as follows:

24  (210 ILCS 47/2-106)
    HB0862 Enrolled       - 224 - LRB104 04759 SPS 14786 b

1   Sec. 2-106. Restraints and confinements.

2   (a) For purposes of this Act:

3   (i) A physical restraint is any manual method or

4   physical or mechanical device, material, or equipment

5   attached or adjacent to a resident's body that the

6   resident cannot remove easily and restricts freedom of

7   movement or normal access to one's body. Devices used for

8   positioning, including but not limited to bed rails, gait

9   belts, and cushions, shall not be considered to be

10  restraints for purposes of this Section.

11  (ii) A chemical restraint is any drug used for

12  discipline or convenience and not required to treat

13  medical symptoms. The Department shall by rule, designate

14  certain devices as restraints, including at least all

15  those devices which have been determined to be restraints

16  by the United States Department of Health and Human

17  Services in interpretive guidelines issued for the

18  purposes of administering Titles XVIII and XIX of the

19  Social Security Act.

20  (b) Neither restraints nor confinements shall be employed

21 for the purpose of punishment or for the convenience of any

22 facility personnel. No restraints or confinements shall be

23 employed except as ordered by a physician who documents the

24 need for such restraints or confinements in the resident's

25 clinical record. Each facility licensed under this Act must

26 have a written policy to address the use of restraints and
    HB0862 Enrolled  - 225 - LRB104 04759 SPS 14786 b

1 seclusion. The Department shall establish by rule the

2 provisions that the policy must include, which, to the extent

3 practicable, should be consistent with the requirements for

4 participation in the federal Medicare program. Each policy

5 shall include periodic review of the use of restraints.

6   (c) A restraint may be used only with the informed consent

7 of the resident, the resident's guardian, or other authorized

8 representative. A restraint may be used only for specific

9 periods, if it is the least restrictive means necessary to

10 attain and maintain the resident's highest practicable

11 physical, mental or psychosocial well-being well being,

12 including brief periods of time to provide necessary

13 lifesaving life saving treatment. A restraint may be used only

14 after consultation with appropriate health professionals, such

15 as occupational or physical therapists, and a trial of less

16 restrictive measures has led to the determination that the use

17 of less restrictive measures would not attain or maintain the

18 resident's highest practicable physical, mental or

19 psychosocial well-being well being. However, if the resident

20 needs emergency care, restraints may be used for brief periods

21 to permit medical treatment to proceed unless the facility has

22 notice that the resident has previously made a valid refusal

23 of the treatment in question.

24  (d) A restraint may be applied only by a person trained in

25 the application of the particular type of restraint.

26  (e) Whenever a period of use of a restraint is initiated,
    HB0862 Enrolled    - 226 - LRB104 04759 SPS 14786 b

1 the resident shall be advised of his or her right to have a

2 person or organization of his or her choosing, including the

3 Department of Disability Advocacy and Guardianship and

4 Advocacy Commission, notified of the use of the restraint. A

5 recipient who is under guardianship may request that a person

6 or organization of his or her choosing be notified of the

7 restraint, whether or not the guardian approves the notice. If

8 the resident so chooses, the facility shall make the

9 notification within 24 hours, including any information about

10 the period of time that the restraint is to be used. Whenever

11 the Department of Disability Advocacy and Guardianship and

12 Advocacy Commission is notified that a resident has been

13 restrained, it shall contact the resident to determine the

14 circumstances of the restraint and whether further action is

15 warranted.

16  (f) Whenever a restraint is used on a resident whose

17 primary mode of communication is sign language, the resident

18 shall be permitted to have his or her hands free from restraint

19 for brief periods each hour, except when this freedom may

20 result in physical harm to the resident or others.

21  (g) The requirements of this Section are intended to

22 control in any conflict with the requirements of Sections

23 1-126 and 2-108 of the Mental Health and Developmental

24 Disabilities Code.

25 (Source: P.A. 96-339, eff. 7-1-10.)
    HB0862 Enrolled      - 227 - LRB104 04759 SPS 14786 b

1   (210 ILCS 47/2-201)

2   Sec. 2-201. Residents' funds. To protect the residents'

3 funds, the facility:

4   (1) Shall at the time of admission provide, in order of

5 priority, each resident, or the resident's guardian, if any,

6 or the resident's representative, if any, or the resident's

7 immediate family member, if any, with a written statement

8 explaining to the resident and to the resident's spouse (a)

9 their spousal impoverishment rights, as defined at Section 5-4

10 of the Illinois Public Aid Code, and at Section 303 of Title

11 III of the Medicare Catastrophic Coverage Act of 1988 (P.L.

12 100-360), and (b) the resident's rights regarding personal

13 funds and listing the services for which the resident will be

14 charged. The facility shall obtain a signed acknowledgment

15 from each resident or the resident's guardian, if any, or the

16 resident's representative, if any, or the resident's immediate

17 family member, if any, that such person has received the

18 statement.

19  (2) May accept funds from a resident for safekeeping and

20 managing, if it receives written authorization from, in order

21 of priority, the resident or the resident's guardian, if any,

22 or the resident's representative, if any, or the resident's

23 immediate family member, if any; such authorization shall be

24 attested to by a witness who has no pecuniary interest in the

25 facility or its operations, and who is not connected in any way

26 to facility personnel or the administrator in any manner
    HB0862 Enrolled   - 228 - LRB104 04759 SPS 14786 b

1 whatsoever.

2   (3) Shall maintain and allow, in order of priority, each

3 resident or the resident's guardian, if any, or the resident's

4 representative, if any, or the resident's immediate family

5 member, if any, access to a written record of all financial

6 arrangements and transactions involving the individual

7 resident's funds.

8   (4) Shall provide, in order of priority, each resident, or

9 the resident's guardian, if any, or the resident's

10 representative, if any, or the resident's immediate family

11 member, if any, with a written itemized statement at least

12 quarterly, of all financial transactions involving the

13 resident's funds.

14  (5) Shall purchase a surety bond, or otherwise provide

15 assurance satisfactory to the Departments of Public Health and

16 Financial and Professional Regulation that all residents'

17 personal funds deposited with the facility are secure against

18 loss, theft, and insolvency.

19  (6) Shall keep any funds received from a resident for

20 safekeeping in an account separate from the facility's funds,

21 and shall at no time withdraw any part or all of such funds for

22 any purpose other than to return the funds to the resident upon

23 the request of the resident or any other person entitled to

24 make such request, to pay the resident his or her allowance, or

25 to make any other payment authorized by the resident or any

26 other person entitled to make such authorization.
    HB0862 Enrolled  - 229 - LRB104 04759 SPS 14786 b

1   (7) Shall deposit any funds received from a resident in

2 excess of $100 in an interest-bearing interest bearing account

3 insured by agencies of, or corporations chartered by, the

4 State or federal government. The account shall be in a form

5 which clearly indicates that the facility has only a fiduciary

6 interest in the funds and any interest from the account shall

7 accrue to the resident. The facility may keep up to $100 of a

8 resident's money in a non-interest-bearing account or petty

9 cash fund, to be readily available for the resident's current

10 expenditures.

11  (8) Shall return to the resident, or the person who

12 executed the written authorization required in subsection (2)

13 of this Section, upon written request, all or any part of the

14 resident's funds given the facility for safekeeping, including

15 the interest accrued from deposits.

16  (9) Shall (a) place any monthly allowance to which a

17 resident is entitled in that resident's personal account, or

18 give it to the resident, unless the facility has written

19 authorization from the resident or the resident's guardian or

20 if the resident is a minor, his parent, to handle it

21 differently, (b) take all steps necessary to ensure that a

22 personal needs allowance that is placed in a resident's

23 personal account is used exclusively by the resident or for

24 the benefit of the resident, and (c) where such funds are

25 withdrawn from the resident's personal account by any person

26 other than the resident, require such person to whom funds
    HB0862 Enrolled    - 230 - LRB104 04759 SPS 14786 b

1 constituting any part of a resident's personal needs allowance

2 are released, to execute an affidavit that such funds shall be

3 used exclusively for the benefit of the resident.

4   (10) Unless otherwise provided by State law, upon the

5 death of a resident, shall provide the executor or

6 administrator of the resident's estate with a complete

7 accounting of all the resident's personal property, including

8 any funds of the resident being held by the facility.

9   (11) If an adult resident is incapable of managing his or

10 her funds and does not have a resident's representative,

11 guardian, or an immediate family member, shall notify the

12 Division Office of the State Guardian of the Department of

13 Disability Advocacy and Guardianship and Advocacy Commission.

14  (12) If the facility is sold, shall provide the buyer with

15 a written verification by a public accountant of all

16 residents' monies and properties being transferred, and obtain

17 a signed receipt from the new owner.

18 (Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)

19  Section 10-80. The Hospital Licensing Act is amended by

20 changing Section 9.6 as follows:

21  (210 ILCS 85/9.6)

22  Sec. 9.6. Patient protection from abuse.

23  (a) No administrator, agent, or employee of a hospital or

24 a hospital affiliate, or a member of a hospital's medical
    HB0862 Enrolled  - 231 - LRB104 04759 SPS 14786 b

1 staff, may abuse a patient in the hospital or in a facility

2 operated by a hospital affiliate.

3   (b) Any hospital administrator, agent, employee, or

4 medical staff member, or an administrator, employee, or

5 physician employed by a hospital affiliate, who has reasonable

6 cause to believe that any patient with whom he or she has

7 direct contact has been subjected to abuse in the hospital or

8 hospital affiliate shall promptly report or cause a report to

9 be made to a designated hospital administrator responsible for

10 providing such reports to the Department as required by this

11 Section.

12  (c) Retaliation against a person who lawfully and in good

13 faith makes a report under this Section is prohibited.

14  (d) Upon receiving a report under subsection (b) of this

15 Section, the hospital or hospital affiliate shall submit the

16 report to the Department within 24 hours of obtaining such

17 report. In the event that the hospital receives multiple

18 reports involving a single alleged instance of abuse, the

19 hospital shall submit one report to the Department.

20  (e) Upon receiving a report under this Section, the

21 hospital or hospital affiliate shall promptly conduct an

22 internal review to ensure the alleged victim's safety.

23 Measures to protect the alleged victim shall be taken as

24 deemed necessary by the hospital's administrator and may

25 include, but are not limited to, removing suspected violators

26 from further patient contact during the hospital's or hospital
    HB0862 Enrolled          - 232 - LRB104 04759 SPS 14786 b

1 affiliate's internal review. If the alleged victim lacks

2 decision-making capacity under the Health Care Surrogate Act

3 and no health care surrogate is available, the hospital or

4 hospital affiliate may contact the Department of Disability

5 Advocacy and Illinois Guardianship and Advocacy Commission to

6 determine the need for a temporary guardian of that person.

7   (f) All internal hospital and hospital affiliate reviews

8 shall be conducted by a designated employee or agent who is

9 qualified to detect abuse and is not involved in the alleged

10 victim's treatment. All internal review findings must be

11 documented and filed according to hospital or hospital

12 affiliate procedures and shall be made available to the

13 Department upon request.

14  (g) Any other person may make a report of patient abuse to

15 the Department if that person has reasonable cause to believe

16 that a patient has been abused in the hospital or hospital

17 affiliate.

18  (h) The report required under this Section shall include:

19 the name of the patient; the name and address of the hospital

20 or hospital affiliate treating the patient; the age of the

21 patient; the nature of the patient's condition, including any

22 evidence of previous injuries or disabilities; and any other

23 information that the reporter believes might be helpful in

24 establishing the cause of the reported abuse and the identity

25 of the person believed to have caused the abuse.

26  (i) Except for willful or wanton misconduct, any
    HB0862 Enrolled  - 233 - LRB104 04759 SPS 14786 b

1 individual, person, institution, or agency participating in

2 good faith in the making of a report under this Section, or in

3 the investigation of such a report or in making a disclosure of

4 information concerning reports of abuse under this Section,

5 shall have immunity from any liability, whether civil,

6 professional, or criminal, that otherwise might result by

7 reason of such actions. For the purpose of any proceedings,

8 whether civil, professional, or criminal, the good faith of

9 any persons required to report cases of suspected abuse under

10 this Section or who disclose information concerning reports of

11 abuse in compliance with this Section, shall be presumed.

12  (j) No administrator, agent, or employee of a hospital or

13 hospital affiliate shall adopt or employ practices or

14 procedures designed to discourage good faith reporting of

15 patient abuse under this Section.

16  (k) Every hospital and hospital affiliate shall ensure

17 that all new and existing employees are trained in the

18 detection and reporting of abuse of patients and retrained at

19 least every 2 years thereafter.

20  (l) The Department shall investigate each report of

21 patient abuse made under this Section according to the

22 procedures of the Department, except that a report of abuse

23 which indicates that a patient's life or safety is in imminent

24 danger shall be investigated within 24 hours of such report.

25 Under no circumstances may a hospital's or hospital

26 affiliate's internal review of an allegation of abuse replace
    HB0862 Enrolled       - 234 - LRB104 04759 SPS 14786 b

1 an investigation of the allegation by the Department.

2   (m) The Department shall keep a continuing record of all

3 reports made pursuant to this Section, including indications

4 of the final determination of any investigation and the final

5 disposition of all reports. The Department shall inform the

6 investigated hospital or hospital affiliate and any other

7 person making a report under subsection (g) of its final

8 determination or disposition in writing.

9   (n) The Department shall not disclose to the public any

10 information regarding any reports and investigations under

11 this Section unless and until the report of abuse is

12 substantiated following a full and proper investigation.

13  (o) All patient identifiable information in any report or

14 investigation under this Section shall be confidential and

15 shall not be disclosed except as authorized by this Act or

16 other applicable law.

17  (p) Nothing in this Section relieves a hospital or

18 hospital affiliate administrator, employee, agent, or medical

19 staff member from contacting appropriate law enforcement

20 authorities as required by law.

21  (q) Nothing in this Section shall be construed to mean

22 that a patient is a victim of abuse because of health care

23 services provided or not provided by health care

24 professionals.

25  (r) Nothing in this Section shall require a hospital or

26 hospital affiliate, including its employees, agents, and
    HB0862 Enrolled             - 235 - LRB104 04759 SPS 14786 b

1 medical staff members, to provide any services to a patient in

2 contravention of his or her stated or implied objection

3 thereto upon grounds that such services conflict with his or

4 her religious beliefs or practices, nor shall such a patient

5 be considered abused under this Section for the exercise of

6 such beliefs or practices.

7   (s) The Department's implementation of this Section is

8 subject to appropriations to the Department for that purpose.

9   (t) As used in this Section, the following terms have the

10 following meanings:

11  "Abuse" means any physical or mental injury or sexual

12 abuse intentionally inflicted by a hospital or hospital

13 affiliate employee, agent, or medical staff member on a

14 patient of the hospital or hospital affiliate and does not

15 include any hospital or hospital affiliate, medical, health

16 care, or other personal care services done in good faith in the

17 interest of the patient according to established medical and

18 clinical standards of care.

19  "Hospital affiliate" has the meaning given to that term in

20 Section 10.8.

21  "Mental injury" means intentionally caused emotional

22 distress in a patient from words or gestures that would be

23 considered by a reasonable person to be humiliating,

24 harassing, or threatening and which causes observable and

25 substantial impairment.

26  "Sexual abuse" means any intentional act of sexual contact
    HB0862 Enrolled    - 236 - LRB104 04759 SPS 14786 b

1 or sexual penetration of a patient in the hospital.

2   "Substantiated", with respect to a report of abuse, means

3 that a preponderance of the evidence indicates that abuse

4 occurred.

5 (Source: P.A. 103-803, eff. 1-1-25.)

6   Section 10-85. The Illinois Public Aid Code is amended by

7 changing Section 3-1.2 as follows:

8   (305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)

9   Sec. 3-1.2. Need.

10  (a) Income available to the person, when added to

11 contributions in money, substance, or services from other

12 sources, including contributions from legally responsible

13 relatives, must be insufficient to equal the grant amount

14 established by Department regulation for such person. In

15 determining earned income to be taken into account,

16 consideration shall be given to any expenses reasonably

17 attributable to the earning of such income. If federal law or

18 regulations permit or require exemption of earned or other

19 income and resources, the Illinois Department shall provide by

20 rule and regulation that the amount of income to be

21 disregarded be increased (1) to the maximum extent so required

22 and (2) to the maximum extent permitted by federal law or

23 regulation in effect as of the date this amendatory Act

24 becomes law. The Illinois Department may also provide by rule
   HB0862 Enrolled  - 237 - LRB104 04759 SPS 14786 b

1 and regulation that the amount of resources to be disregarded

2 be increased to the maximum extent so permitted or required.

3  (b) Subject to federal approval, resources (for example,

4 land, buildings, equipment, supplies, or tools), including

5 farmland property and personal property used in the

6 income-producing operations related to the farmland (for

7 example, equipment and supplies, motor vehicles, or tools),

8 necessary for self-support, up to $6,000 of the person's

9 equity in the income-producing property, provided that the

10 property produces a net annual income of at least 6% of the

11 excluded equity value of the property, are exempt. Equity

12 value in excess of $6,000 shall not be excluded. If the

13 activity produces income that is less than 6% of the exempt

14 equity due to reasons beyond the person's control (for

15 example, the person's illness or crop failure) and there is a

16 reasonable expectation that the property will again produce

17 income equal to or greater than 6% of the equity value (for

18 example, a medical prognosis that the person is expected to

19 respond to treatment or that drought-resistant corn will be

20 planted), the equity value in the property up to $6,000 is

21 exempt. If the person owns more than one piece of property and

22 each produces income, each piece of property shall be looked

23 at to determine whether the 6% rule is met, and then the

24 amounts of the person's equity in all of those properties

25 shall be totaled to determine whether the total equity is

26 $6,000 or less. The total equity value of all properties that
    HB0862 Enrolled   - 238 - LRB104 04759 SPS 14786 b

1 is exempt shall be limited to $6,000.

2   (c) In determining the resources of an individual or any

3 dependents, the Department shall exclude from consideration

4 the value of funeral and burial spaces, funeral and burial

5 insurance the proceeds of which can only be used to pay the

6 funeral and burial expenses of the insured and funds

7 specifically set aside for the funeral and burial arrangements

8 of the individual or his or her dependents, including prepaid

9 funeral and burial plans, to the same extent that such items

10 are excluded from consideration under the federal Supplemental

11 Security Income program (SSI). At any time prior to or after

12 submitting an application for medical assistance and before a

13 final determination of eligibility has been made by the

14 Department, an applicant may use available resources to

15 purchase one of the prepaid funeral or burial contracts

16 exempted under this Section.

17  Prepaid funeral or burial contracts are exempt to the

18 following extent:

19  (1) Funds in a revocable prepaid funeral or burial

20  contract are exempt up to $1,500, except that any portion

21  of a contract that clearly represents the purchase of

22  burial space, as that term is defined for purposes of the

23  Supplemental Security Income program, is exempt regardless

24  of value.

25  (2) Funds in an irrevocable prepaid funeral or burial

26  contract are exempt up to $7,248, except that any portion
    HB0862 Enrolled  - 239 - LRB104 04759 SPS 14786 b

1   of a contract that clearly represents the purchase of

2   burial space, as that term is defined for purposes of the

3   Supplemental Security Income program, is exempt regardless

4   of value. This amount shall be adjusted annually for any

5   increase in the Consumer Price Index. The amount exempted

6   shall be limited to the price of the funeral goods and

7   services to be provided upon death. The contract must

8   provide a complete description of the funeral goods and

9   services to be provided and the price thereof. Any amount

10  in the contract not so specified shall be treated as a

11  transfer of assets for less than fair market value.

12  (3) A prepaid, guaranteed-price funeral or burial

13  contract, funded by an irrevocable assignment of a

14  person's life insurance policy to a trust or a funeral

15  home, is exempt. The amount exempted shall be limited to

16  the amount of the insurance benefit designated for the

17  cost of the funeral goods and services to be provided upon

18  the person's death. The contract must provide a complete

19  description of the funeral goods and services to be

20  provided and the price thereof. Any amount in the contract

21  not so specified shall be treated as a transfer of assets

22  for less than fair market value. The trust must include a

23  statement that, upon the death of the person, the State

24  will receive all amounts remaining in the trust, including

25  any remaining payable proceeds under the insurance policy

26  up to an amount equal to the total medical assistance paid
    HB0862 Enrolled  - 240 - LRB104 04759 SPS 14786 b

1   on behalf of the person. The trust is responsible for

2   ensuring that the provider of funeral services under the

3   contract receives the proceeds of the policy when it

4   provides the funeral goods and services specified under

5   the contract. The irrevocable assignment of ownership of

6   the insurance policy must be acknowledged by the insurance

7   company.

8   (4) Existing life insurance policies are exempt if

9   there has been an irrevocable assignment in compliance

10  with Section 2b of the Illinois Funeral or Burial Funds

11  Act. A person shall sign a contract with a funeral home,

12  which is licensed under the Illinois Funeral or Burial

13  Funds Act, that describes the cost of the funeral goods

14  and services to be provided upon the person's death, up to

15  $7,248, except that any portion of a contract that clearly

16  represents the purchase of burial space, as that term is

17  defined for purposes of the Supplemental Security Income

18  program, is exempt regardless of value. This amount shall

19  be adjusted annually for any increase in the Consumer

20  Price Index. The contract must provide a complete

21  description of the goods and services and any cash

22  advances to be provided and the price thereof. The person

23  shall sign an irrevocable designation of beneficiary form

24  declaring that any amounts payable from the policies not

25  used for goods and services and any cash advances as set

26  forth in the contract shall be received by the State, up to
    HB0862 Enrolled  - 241 - LRB104 04759 SPS 14786 b

1   an amount equal to the total medical assistance paid on

2   behalf of the person; any funds remaining after payment to

3   the State shall be paid to a secondary beneficiary (if

4   any) listed on the policy, or to the estate of the

5   purchaser if no secondary beneficiary is named on the

6   policy in the event the proceeds exceed the prearranged

7   costs of merchandise and services and any cash advances

8   and the total medical assistance paid on behalf of the

9   insured. More than one policy may be subject to this

10  subsection if the total face value of the policies is

11  necessary to pay the amount described in the contract with

12  the funeral home; policies that are not necessary to pay

13  the amount described in the contract are not exempt. The

14  licensed funeral home to which the life insurance policy

15  benefits have been irrevocably assigned shall retain

16  copies for inspection by the Comptroller and shall report

17  annually to the Comptroller the following: the name of the

18  insured, the name of the insurance company and policy

19  number, an itemized account of the amount of the contract

20  for goods and services and any cash advances provided, and

21  the current value of the policy of benefits designated

22  with a record of all amounts paid back to the State or

23  other beneficiary. The Department of Healthcare and Family

24  Services shall adopt rules and forms to implement this

25  Section.

26  (d) Notwithstanding any other provision of this Code to
HB0862 Enrolled  - 242 - LRB104 04759 SPS 14786 b

 1 the contrary, an irrevocable trust containing the resources of
 2 a person who is determined to have a disability shall be
 3 considered exempt from consideration. A pooled trust must be
 4 established and managed by a non-profit association that pools
 5 funds but maintains a separate account for each beneficiary.
 6 The trust may be established by the person, a parent,
 7 grandparent, legal guardian, or court. It must be established
 8 for the sole benefit of the person and language contained in
 9 the trust shall stipulate that any amount remaining in the
10 trust (up to the amount expended by the Department on medical
11 assistance) that is not retained by the trust for reasonable
12 administrative costs related to wrapping up the affairs of the
13 subaccount shall be paid to the Department upon the death of
14 the person. After a person reaches age 65, any funding by or on
15 behalf of the person to the trust shall be treated as a
16 transfer of assets for less than fair market value unless the
17 person is a ward of a county public guardian or the Division of
18 State Guardian pursuant to Section 13-5 of the Probate Act of
19 1975 or Section 30 of the Guardianship and Advocacy Act and
20 lives in the community, or the person is a ward of a county
21 public guardian or the Division of State Guardian pursuant to
22 Section 13-5 of the Probate Act of 1975 or Section 30 of the
23 Guardianship and Advocacy Act and a court has found that any
24 expenditures from the trust will maintain or enhance the
25 person's quality of life. If the trust contains proceeds from
26 a personal injury settlement, any Department charge must be
    HB0862 Enrolled  - 243 - LRB104 04759 SPS 14786 b

1 satisfied in order for the transfer to the trust to be treated

2 as a transfer for fair market value.

3   (e) The homestead shall be exempt from consideration

4 except to the extent that it meets the income and shelter needs

5 of the person. "Homestead" means the dwelling house and

6 contiguous real estate owned and occupied by the person,

7 regardless of its value. Subject to federal approval, a person

8 shall not be eligible for long-term care services, however, if

9 the person's equity interest in his or her homestead exceeds

10 the minimum home equity as allowed and increased annually

11 under federal law. Subject to federal approval, on and after

12 the effective date of this amendatory Act of the 97th General

13 Assembly, homestead property transferred to a trust shall no

14 longer be considered homestead property.

15  (f) Occasional or irregular gifts in cash, goods or

16 services from persons who are not legally responsible

17 relatives which are of nominal value or which do not have

18 significant effect in meeting essential requirements shall be

19 disregarded.

20  (g) The eligibility of any applicant for or recipient of

21 public aid under this Article is not affected by the payment of

22 any grant under the "Senior Citizens and Disabled Persons

23 Property Tax Relief Act" or any distributions or items of

24 income described under subparagraph (X) of paragraph (2) of

25 subsection (a) of Section 203 of the Illinois Income Tax Act.

26  (h) The Illinois Department may, after appropriate
    HB0862 Enrolled             - 244 - LRB104 04759 SPS 14786 b

1 investigation, establish and implement a consolidated standard

2 to determine need and eligibility for and amount of benefits

3 under this Article or a uniform cash supplement to the federal

4 Supplemental Security Income program for all or any part of

5 the then current recipients under this Article; provided,

6 however, that the establishment or implementation of such a

7 standard or supplement shall not result in reductions in

8 benefits under this Article for the then current recipients of

9 such benefits.

10  (i) The provisions under paragraph (4) of subsection (c)

11 are subject to federal approval. The Department of Healthcare

12 and Family Services shall apply for any necessary federal

13 waivers or approvals to implement by January 1, 2023 the

14 changes made to this Section by this amendatory Act of the

15 102nd General Assembly.

16 (Source: P.A. 102-959, eff. 5-27-22.)

17  Section 10-90. The Adult Protective Services Act is

18 amended by changing Sections 2 and 3.5 as follows:

19  (320 ILCS 20/2) (from Ch. 23, par. 6602)

20  Sec. 2. Definitions. As used in this Act, unless the

21 context requires otherwise:

22  (a) "Abandonment" means the desertion or willful forsaking

23 of an eligible adult by an individual responsible for the care

24 and custody of that eligible adult under circumstances in
    HB0862 Enrolled         - 245 - LRB104 04759 SPS 14786 b

1 which a reasonable person would continue to provide care and

2 custody. Nothing in this Act shall be construed to mean that an

3 eligible adult is a victim of abandonment because of health

4 care services provided or not provided by licensed health care

5 professionals.

6   (a-1) "Abuse" means causing any physical, mental or sexual

7 injury to an eligible adult, including exploitation of such

8 adult's financial resources, and abandonment or subjecting an

9 eligible adult to an environment which creates a likelihood of

10 harm to the eligible adult's health, physical and emotional

11 well-being, or welfare.

12  Nothing in this Act shall be construed to mean that an

13 eligible adult is a victim of abuse, abandonment, neglect, or

14 self-neglect for the sole reason that he or she is being

15 furnished with or relies upon treatment by spiritual means

16 through prayer alone, in accordance with the tenets and

17 practices of a recognized church or religious denomination.

18  Nothing in this Act shall be construed to mean that an

19 eligible adult is a victim of abuse because of health care

20 services provided or not provided by licensed health care

21 professionals.

22  Nothing in this Act shall be construed to mean that an

23 eligible adult is a victim of abuse in cases of criminal

24 activity by strangers, telemarketing scams, consumer fraud,

25 internet fraud, home repair disputes, complaints against a

26 homeowners' association, or complaints between landlords and
    HB0862 Enrolled    - 246 - LRB104 04759 SPS 14786 b

1 tenants.

2   (a-5) "Abuser" means a person who is a family member,

3 caregiver, or another person who has a continuing relationship

4 with the eligible adult and abuses, abandons, neglects, or

5 financially exploits an eligible adult.

6   (a-6) "Adult with disabilities" means a person aged 18

7 through 59 who resides in a domestic living situation and

8 whose disability as defined in subsection (c-5) impairs his or

9 her ability to seek or obtain protection from abuse,

10 abandonment, neglect, or exploitation.

11  (a-7) "Caregiver" means a person who either as a result of

12 a family relationship, voluntarily, or in exchange for

13 compensation has assumed responsibility for all or a portion

14 of the care of an eligible adult who needs assistance with

15 activities of daily living or instrumental activities of daily

16 living.

17  (b) "Department" means the Department on Aging of the

18 State of Illinois.

19  (c) "Director" means the Director of the Department.

20  (c-5) "Disability" means a physical or mental disability,

21 including, but not limited to, a developmental disability, an

22 intellectual disability, a mental illness as defined under the

23 Mental Health and Developmental Disabilities Code, or dementia

24 as defined under the Alzheimer's Disease Assistance Act.

25  (d) "Domestic living situation" means a residence where

26 the eligible adult at the time of the report lives alone or
    HB0862 Enrolled          - 247 - LRB104 04759 SPS 14786 b

1 with his or her family or a caregiver, or others, or other

2 community-based unlicensed facility, but is not:

3   (1) A licensed facility as defined in Section 1-113 of

4   the Nursing Home Care Act;

5   (1.5) A facility licensed under the ID/DD Community

6   Care Act;

7   (1.6) A facility licensed under the MC/DD Act;

8   (1.7) A facility licensed under the Specialized Mental

9   Health Rehabilitation Act of 2013;

10  (2) A "life care facility" as defined in the Life Care

11  Facilities Act;

12  (3) A home, institution, or other place operated by

13  the federal government or agency thereof or by the State

14  of Illinois;

15  (4) A hospital, sanitarium, or other institution, the

16  principal activity or business of which is the diagnosis,

17  care, and treatment of human illness through the

18  maintenance and operation of organized facilities

19  therefor, which is required to be licensed under the

20  Hospital Licensing Act;

21  (5) A "community living facility" as defined in the

22  Community Living Facilities Licensing Act;

23  (6) (Blank);

24  (7) A "community-integrated living arrangement" as

25  defined in the Community-Integrated Living Arrangements

26  Licensure and Certification Act or a "community
    HB0862 Enrolled  - 248 - LRB104 04759 SPS 14786 b

1   residential alternative" as licensed under that Act;

2       (8) An assisted living or shared housing establishment

3   as defined in the Assisted Living and Shared Housing Act;

4   or

5       (9) A supportive living facility as described in

6   Section 5-5.01a of the Illinois Public Aid Code.

7   (e) "Eligible adult" means either an adult with

8 disabilities aged 18 through 59 or a person aged 60 or older

9 who resides in a domestic living situation and is, or is

10 alleged to be, abused, abandoned, neglected, or financially

11 exploited by another individual or who neglects himself or

12 herself. "Eligible adult" also includes an adult who resides

13 in any of the facilities that are excluded from the definition

14 of "domestic living situation" under paragraphs (1) through

15 (9) of subsection (d), if either: (i) the alleged abuse,

16 abandonment, or neglect occurs outside of the facility and not

17 under facility supervision and the alleged abuser is a family

18 member, caregiver, or another person who has a continuing

19 relationship with the adult; or (ii) the alleged financial

20 exploitation is perpetrated by a family member, caregiver, or

21 another person who has a continuing relationship with the

22 adult, but who is not an employee of the facility where the

23 adult resides.

24  (f) "Emergency" means a situation in which an eligible

25 adult is living in conditions presenting a risk of death or

26 physical, mental or sexual injury and the provider agency has
    HB0862 Enrolled       - 249 - LRB104 04759 SPS 14786 b

1 reason to believe the eligible adult is unable to consent to

2 services which would alleviate that risk.

3   (f-1) "Financial exploitation" means the use of an

4 eligible adult's resources by another to the disadvantage of

5 that adult or the profit or advantage of a person other than

6 that adult.

7   (f-3) "Investment advisor" means any person required to

8 register as an investment adviser or investment adviser

9 representative under Section 8 of the Illinois Securities Law

10 of 1953, which for purposes of this Act excludes any bank,

11 trust company, savings bank, or credit union, or their

12 respective employees.

13  (f-5) "Mandated reporter" means any of the following

14 persons while engaged in carrying out their professional

15 duties:

16          (1) a professional or professional's delegate while

17  engaged in: (i) social services, (ii) law enforcement,

18  (iii) education, (iv) the care of an eligible adult or

19  eligible adults, or (v) any of the occupations required to

20  be licensed under the Behavior Analyst Licensing Act, the

21  Clinical Psychologist Licensing Act, the Clinical Social

22  Work and Social Work Practice Act, the Illinois Dental

23  Practice Act, the Dietitian Nutritionist Practice Act, the

24  Marriage and Family Therapy Licensing Act, the Medical

25  Practice Act of 1987, the Naprapathic Practice Act, the

26  Nurse Practice Act, the Nursing Home Administrators
    HB0862 Enrolled  - 250 - LRB104 04759 SPS 14786 b

1   Licensing and Disciplinary Act, the Illinois Occupational

2   Therapy Practice Act, the Illinois Optometric Practice Act

3   of 1987, the Pharmacy Practice Act, the Illinois Physical

4   Therapy Act, the Physician Assistant Practice Act of 1987,

5   the Podiatric Medical Practice Act of 1987, the

6   Respiratory Care Practice Act, the Professional Counselor

7   and Clinical Professional Counselor Licensing and Practice

8   Act, the Illinois Speech-Language Pathology and Audiology

9   Practice Act, the Veterinary Medicine and Surgery Practice

10  Act of 2004, and the Illinois Public Accounting Act;

11  (1.5) an employee of an entity providing developmental

12  disabilities services or service coordination funded by

13  the Department of Human Services;

14  (2) an employee of a vocational rehabilitation

15  facility prescribed or supervised by the Department of

16  Human Services;

17  (3) an administrator, employee, or person providing

18  services in or through an unlicensed community based

19  facility;

20  (4) any religious practitioner who provides treatment

21  by prayer or spiritual means alone in accordance with the

22  tenets and practices of a recognized church or religious

23  denomination, except as to information received in any

24  confession or sacred communication enjoined by the

25  discipline of the religious denomination to be held

26  confidential;
    HB0862 Enrolled     - 251 - LRB104 04759 SPS 14786 b

1   (5) field personnel of the Department of Healthcare

2   and Family Services, Department of Public Health, and

3   Department of Human Services, and any county or municipal

4   health department;

5   (6) personnel of the Department of Human Services, the

6   Department of Disability Advocacy and Guardianship and

7   Advocacy Commission, the State Fire Marshal, local fire

8   departments, the Department on Aging and its subsidiary

9   Area Agencies on Aging and provider agencies, except the

10  State Long Term Care Ombudsman and any of his or her

11  representatives or volunteers where prohibited from making

12  such a report pursuant to 45 CFR 1324.11(e)(3)(iv);

13  (7) any employee of the State of Illinois not

14  otherwise specified herein who is involved in providing

15  services to eligible adults, including professionals

16  providing medical or rehabilitation services and all other

17  persons having direct contact with eligible adults;

18  (8) a person who performs the duties of a coroner or

19  medical examiner;

20  (9) a person who performs the duties of a paramedic or

21  an emergency medical technician; or

22  (10) a person who performs the duties of an investment

23  advisor.

24  (g) "Neglect" means another individual's failure to

25 provide an eligible adult with or willful withholding from an

26 eligible adult the necessities of life including, but not
    HB0862 Enrolled  - 252 - LRB104 04759 SPS 14786 b

1 limited to, food, clothing, shelter or health care. This

2 subsection does not create any new affirmative duty to provide

3 support to eligible adults. Nothing in this Act shall be

4 construed to mean that an eligible adult is a victim of neglect

5 because of health care services provided or not provided by

6 licensed health care professionals.

7   (h) "Provider agency" means any public or nonprofit agency

8 in a planning and service area that is selected by the

9 Department or appointed by the regional administrative agency

10 with prior approval by the Department on Aging to receive and

11 assess reports of alleged or suspected abuse, abandonment,

12 neglect, or financial exploitation. A provider agency is also

13 referenced as a "designated agency" in this Act.

14  (i) "Regional administrative agency" means any public or

15 nonprofit agency in a planning and service area that provides

16 regional oversight and performs functions as set forth in

17 subsection (b) of Section 3 of this Act. The Department shall

18 designate an Area Agency on Aging as the regional

19 administrative agency or, in the event the Area Agency on

20 Aging in that planning and service area is deemed by the

21 Department to be unwilling or unable to provide those

22 functions, the Department may serve as the regional

23 administrative agency or designate another qualified entity to

24 serve as the regional administrative agency; any such

25 designation shall be subject to terms set forth by the

26 Department.
    HB0862 Enrolled         - 253 - LRB104 04759 SPS 14786 b

1   (i-5) "Self-neglect" means a condition that is the result

2 of an eligible adult's inability, due to physical or mental

3 impairments, or both, or a diminished capacity, to perform

4 essential self-care tasks that substantially threaten his or

5 her own health, including: providing essential food, clothing,

6 shelter, and health care; and obtaining goods and services

7 necessary to maintain physical health, mental health,

8 emotional well-being, and general safety. The term includes

9 compulsive hoarding, which is characterized by the acquisition

10 and retention of large quantities of items and materials that

11 produce an extensively cluttered living space, which

12 significantly impairs the performance of essential self-care

13 tasks or otherwise substantially threatens life or safety.

14  (j) "Substantiated case" means a reported case of alleged

15 or suspected abuse, abandonment, neglect, financial

16 exploitation, or self-neglect in which a provider agency,

17 after assessment, determines that there is reason to believe

18 abuse, abandonment, neglect, or financial exploitation has

19 occurred.

20  (k) "Verified" means a determination that there is "clear

21 and convincing evidence" that the specific injury or harm

22 alleged was the result of abuse, abandonment, neglect, or

23 financial exploitation.

24 (Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;

25 103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)
    HB0862 Enrolled    - 254 - LRB104 04759 SPS 14786 b

1   (320 ILCS 20/3.5)

2   Sec. 3.5. Other responsibilities. The Department shall

3 also be responsible for the following activities, contingent

4 upon adequate funding; implementation shall be expanded to

5 adults with disabilities upon the effective date of this

6 amendatory Act of the 98th General Assembly, except those

7 responsibilities under subsection (a), which shall be

8 undertaken as soon as practicable:

9   (a) promotion of a wide range of endeavors for the

10  purpose of preventing abuse, abandonment, neglect,

11  financial exploitation, and self-neglect, including, but

12  not limited to, promotion of public and professional

13  education to increase awareness of abuse, abandonment,

14  neglect, financial exploitation, and self-neglect; to

15  increase reports; to establish access to and use of the

16  Registry established under Section 7.5; and to improve

17  response by various legal, financial, social, and health

18  systems;

19  (b) coordination of efforts with other agencies,

20  councils, and like entities, to include but not be limited

21  to, the Administrative Office of the Illinois Courts, the

22  Office of the Attorney General, the Illinois State Police,

23  the Illinois Law Enforcement Training Standards Board, the

24  State Triad, the Illinois Criminal Justice Information

25  Authority, the Departments of Public Health, Healthcare

26  and Family Services, and Human Services, the Department of
    HB0862 Enrolled  - 255 - LRB104 04759 SPS 14786 b

1   Disability Advocacy and Illinois Guardianship and Advocacy

2   Commission, the Family Violence Coordinating Council, the

3   Illinois Violence Prevention Authority, and other entities

4   which may impact awareness of, and response to, abuse,

5   abandonment, neglect, financial exploitation, and

6   self-neglect;

7   (c) collection and analysis of data;

8   (d) monitoring of the performance of regional

9   administrative agencies and adult protective services

10  agencies;

11  (e) promotion of prevention activities;

12  (f) establishing and coordinating an aggressive

13  training program on the unique nature of adult abuse cases

14  with other agencies, councils, and like entities, to

15  include but not be limited to the Office of the Attorney

16  General, the Illinois State Police, the Illinois Law

17  Enforcement Training Standards Board, the State Triad, the

18  Illinois Criminal Justice Information Authority, the State

19  Departments of Public Health, Healthcare and Family

20  Services, and Human Services, the Family Violence

21  Coordinating Council, the Illinois Violence Prevention

22  Authority, the agency designated by the Governor under

23  Section 1 of the Protection and Advocacy for Persons with

24  Developmental Disabilities Act, and other entities that

25  may impact awareness of and response to abuse,

26  abandonment, neglect, financial exploitation, and
    HB0862 Enrolled   - 256 - LRB104 04759 SPS 14786 b

1   self-neglect;

2   (g) solicitation of financial institutions for the

3   purpose of making information available to the general

4   public warning of financial exploitation of adults and

5   related financial fraud or abuse, including such

6   information and warnings available through signage or

7   other written materials provided by the Department on the

8   premises of such financial institutions, provided that the

9   manner of displaying or distributing such information is

10  subject to the sole discretion of each financial

11  institution; and

12  (g-1) developing by joint rulemaking with the

13  Department of Financial and Professional Regulation

14  minimum training standards which shall be used by

15  financial institutions for their current and new employees

16  with direct customer contact; the Department of Financial

17  and Professional Regulation shall retain sole visitation

18  and enforcement authority under this subsection (g-1); the

19  Department of Financial and Professional Regulation shall

20  provide bi-annual reports to the Department setting forth

21  aggregate statistics on the training programs required

22  under this subsection (g-1).

23 (Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;

24 102-813, eff. 5-13-22; 103-626, eff. 1-1-25.)

25  Section 10-95. The Mental Health and Developmental
    HB0862 Enrolled  - 257 - LRB104 04759 SPS 14786 b

1 Disabilities Code is amended by changing Sections 2-103,
2 2-108, 2-109, 2-114, 2-200, 2-201, 3-206, 3-405, 3-805, 3-910,
3 4-201.1, 4-203, 4-605, and 5-100 as follows:

4   (405 ILCS 5/2-103) (from Ch. 91 1/2, par. 2-103)

5   Sec. 2-103. Except as provided in this Section, a

6 recipient who resides in a mental health or developmental

7 disabilities facility shall be permitted unimpeded, private,

8 and uncensored communication with persons of his choice by

9 mail, telephone and visitation.

10  (a) The facility director shall ensure that correspondence

11 can be conveniently received and mailed, that telephones are

12 reasonably accessible, and that space for visits is available.

13 Writing materials, postage and telephone usage funds shall be

14 provided in reasonable amounts to recipients who reside in

15 Department facilities and who are unable to procure such

16 items.

17  (b) Reasonable times and places for the use of telephones

18 and for visits may be established in writing by the facility

19 director.

20  (c) Unimpeded, private and uncensored communication by

21 mail, telephone, and visitation may be reasonably restricted

22 by the facility director only in order to protect the

23 recipient or others from harm, harassment or intimidation,

24 provided that notice of such restriction shall be given to all

25 recipients upon admission. When communications are restricted,
    HB0862 Enrolled         - 258 - LRB104 04759 SPS 14786 b

1 the facility shall advise the recipient that he has the right

2 to require the facility to notify the affected parties of the

3 restriction, and to notify such affected party when the

4 restrictions are no longer in effect. However, all letters

5 addressed by a recipient to the Governor, members of the

6 General Assembly, Attorney General, judges, state's attorneys,

7 the Department of Disability Advocacy and Guardianship and

8 Advocacy Commission, or the Agency designated pursuant to "An

9 Act in relation to the protection and advocacy of the rights of

10 persons with developmental disabilities, and amending Acts

11 therein named", approved September 20, 1985, officers of the

12 Department, or licensed attorneys at law must be forwarded at

13 once to the persons to whom they are addressed without

14 examination by the facility authorities. Letters in reply from

15 the officials and attorneys mentioned above must be delivered

16 to the recipient without examination by the facility

17 authorities.

18  (d) No facility shall prevent any attorney who represents

19 a recipient or who has been requested to do so by any relative

20 or family member of the recipient, from visiting a recipient

21 during normal business hours, unless that recipient refuses to

22 meet with the attorney.

23  (e) Whenever, as the result of the closing or the

24 reduction in the number of units or available beds of any

25 mental health facility operated by the Department of Human

26 Services, the State determines to enter into a contract with
    HB0862 Enrolled            - 259 - LRB104 04759 SPS 14786 b

1 any mental health facility to provide hospitalization to
2 persons who would otherwise be served by the State-operated
3 mental health facility, the resident shall be entitled to the
4 same rights under this Section.
5 (Source: P.A. 97-1007, eff. 8-17-12.)

6   (405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)

7   Sec. 2-108. Use of restraint. Restraint may be used only

8 as a therapeutic measure to prevent a recipient from causing

9 physical harm to himself or physical abuse to others.

10 Restraint may only be applied by a person who has been trained

11 in the application of the particular type of restraint to be

12 utilized. In no event shall restraint be utilized to punish or

13 discipline a recipient, nor is restraint to be used as a

14 convenience for the staff.

15  (a) Except as provided in this Section, restraint shall be

16 employed only upon the written order of a physician, clinical

17 psychologist, clinical social worker, clinical professional

18 counselor, advanced practice psychiatric nurse, or registered

19 nurse with supervisory responsibilities. No restraint shall be

20 ordered unless the physician, clinical psychologist, clinical

21 social worker, clinical professional counselor, advanced

22 practice psychiatric nurse, or registered nurse with

23 supervisory responsibilities, after personally observing and

24 examining the recipient, is clinically satisfied that the use

25 of restraint is justified to prevent the recipient from
    HB0862 Enrolled  - 260 - LRB104 04759 SPS 14786 b

1 causing physical harm to himself or others. In no event may

2 restraint continue for longer than 2 hours unless within that

3 time period a nurse with supervisory responsibilities,

4 advanced practice psychiatric nurse, or a physician confirms,

5 in writing, following a personal examination of the recipient,

6 that the restraint does not pose an undue risk to the

7 recipient's health in light of the recipient's physical or

8 medical condition. The order shall state the events leading up

9 to the need for restraint and the purposes for which restraint

10 is employed. The order shall also state the length of time

11 restraint is to be employed and the clinical justification for

12 that length of time. No order for restraint shall be valid for

13 more than 16 hours. If further restraint is required, a new

14 order must be issued pursuant to the requirements provided in

15 this Section.

16  (b) In the event there is an emergency requiring the

17 immediate use of restraint, it may be ordered temporarily by a

18 qualified person only where a physician, clinical

19 psychologist, clinical social worker, clinical professional

20 counselor, advanced practice psychiatric nurse, or registered

21 nurse with supervisory responsibilities is not immediately

22 available. In that event, an order by a nurse, clinical

23 psychologist, clinical social worker, clinical professional

24 counselor, advanced practice psychiatric nurse, or physician

25 shall be obtained pursuant to the requirements of this Section

26 as quickly as possible, and the recipient shall be examined by
    HB0862 Enrolled           - 261 - LRB104 04759 SPS 14786 b

1 a physician or supervisory nurse within 2 hours after the

2 initial employment of the emergency restraint. Whoever orders

3 restraint in emergency situations shall document its necessity

4 and place that documentation in the recipient's record.

5   (c) The person who orders restraint shall inform the

6 facility director or his designee in writing of the use of

7 restraint within 24 hours.

8   (d) The facility director shall review all restraint

9 orders daily and shall inquire into the reasons for the orders

10 for restraint by any person who routinely orders them.

11  (e) Restraint may be employed during all or part of one

12 24-hour 24 hour period, the period commencing with the initial

13 application of the restraint. However, once restraint has been

14 employed during one 24-hour 24 hour period, it shall not be

15 used again on the same recipient during the next 48 hours

16 without the prior written authorization of the facility

17 director.

18  (f) Restraint shall be employed in a humane and

19 therapeutic manner and the person being restrained shall be

20 observed by a qualified person as often as is clinically

21 appropriate but in no event less than once every 15 minutes.

22 The qualified person shall maintain a record of the

23 observations. Specifically, unless there is an immediate

24 danger that the recipient will physically harm himself or

25 others, restraint shall be loosely applied to permit freedom

26 of movement. Further, the recipient shall be permitted to have
    HB0862 Enrolled         - 262 - LRB104 04759 SPS 14786 b

1 regular meals and toilet privileges free from the restraint,

2 except when freedom of action may result in physical harm to

3 the recipient or others.

4   (g) Every facility that employs restraint shall provide

5 training in the safe and humane application of each type of

6 restraint employed. The facility shall not authorize the use

7 of any type of restraint by an employee who has not received

8 training in the safe and humane application of that type of

9 restraint. Each facility in which restraint is used shall

10 maintain records detailing which employees have been trained

11 and are authorized to apply restraint, the date of the

12 training and the type of restraint that the employee was

13 trained to use.

14  (h) Whenever restraint is imposed upon any recipient whose

15 primary mode of communication is sign language, the recipient

16 shall be permitted to have his hands free from restraint for

17 brief periods each hour, except when freedom may result in

18 physical harm to the recipient or others.

19  (i) A recipient who is restrained may only be secluded at

20 the same time pursuant to an explicit written authorization as

21 provided in Section 2-109 of this Code. Whenever a recipient

22 is restrained, a member of the facility staff shall remain

23 with the recipient at all times unless the recipient has been

24 secluded. A recipient who is restrained and secluded shall be

25 observed by a qualified person as often as is clinically

26 appropriate but in no event less than every 15 minutes.
    HB0862 Enrolled  - 263 - LRB104 04759 SPS 14786 b

1   (j) Whenever restraint is used, the recipient shall be

2 advised of his right, pursuant to Sections 2-200 and 2-201 of

3 this Code, to have any person of his choosing, including the

4 Department of Disability Advocacy and Guardianship and

5 Advocacy Commission or the agency designated pursuant to the

6 Protection and Advocacy for Persons with Developmental

7 Disabilities Act notified of the restraint. A recipient who is

8 under guardianship may request that any person of his choosing

9 be notified of the restraint whether or not the guardian

10 approves of the notice. Whenever the Department of Disability

11 Advocacy and Guardianship and Advocacy Commission is notified

12 that a recipient has been restrained, it shall contact that

13 recipient to determine the circumstances of the restraint and

14 whether further action is warranted.

15 (Source: P.A. 101-587, eff. 1-1-20.)

16  (405 ILCS 5/2-109) (from Ch. 91 1/2, par. 2-109)

17  Sec. 2-109. Seclusion. Seclusion may be used only as a

18 therapeutic measure to prevent a recipient from causing

19 physical harm to himself or physical abuse to others. In no

20 event shall seclusion be utilized to punish or discipline a

21 recipient, nor is seclusion to be used as a convenience for the

22 staff.

23  (a) Seclusion shall be employed only upon the written

24 order of a physician, clinical psychologist, clinical social

25 worker, clinical professional counselor, advanced practice
    HB0862 Enrolled            - 264 - LRB104 04759 SPS 14786 b

1 psychiatric nurse, or registered nurse with supervisory

2 responsibilities. No seclusion shall be ordered unless the

3 physician, clinical psychologist, clinical social worker,

4 clinical professional counselor, advanced practice psychiatric

5 nurse, or registered nurse with supervisory responsibilities,

6 after personally observing and examining the recipient, is

7 clinically satisfied that the use of seclusion is justified to

8 prevent the recipient from causing physical harm to himself or

9 others. In no event may seclusion continue for longer than 2

10 hours unless within that time period a nurse with supervisory

11 responsibilities, advanced practice psychiatric nurse, or a

12 physician confirms in writing, following a personal

13 examination of the recipient, that the seclusion does not pose

14 an undue risk to the recipient's health in light of the

15 recipient's physical or medical condition. The order shall

16 state the events leading up to the need for seclusion and the

17 purposes for which seclusion is employed. The order shall also

18 state the length of time seclusion is to be employed and the

19 clinical justification for the length of time. No order for

20 seclusion shall be valid for more than 16 hours. If further

21 seclusion is required, a new order must be issued pursuant to

22 the requirements provided in this Section.

23  (b) The person who orders seclusion shall inform the

24 facility director or his designee in writing of the use of

25 seclusion within 24 hours.

26  (c) The facility director shall review all seclusion
    HB0862 Enrolled    - 265 - LRB104 04759 SPS 14786 b

1 orders daily and shall inquire into the reasons for the orders

2 for seclusion by any person who routinely orders them.

3   (d) Seclusion may be employed during all or part of one

4 16-hour 16 hour period, that period commencing with the

5 initial application of the seclusion. However, once seclusion

6 has been employed during one 16-hour 16 hour period, it shall

7 not be used again on the same recipient during the next 48

8 hours without the prior written authorization of the facility

9 director.

10  (e) The person who ordered the seclusion shall assign a

11 qualified person to observe the recipient at all times. A

12 recipient who is restrained and secluded shall be observed by

13 a qualified person as often as is clinically appropriate but

14 in no event less than once every 15 minutes.

15  (f) Safety precautions shall be followed to prevent

16 injuries to the recipient in the seclusion room. Seclusion

17 rooms shall be adequately lighted, heated, and furnished. If a

18 door is locked, someone with a key shall be in constant

19 attendance nearby.

20  (g) Whenever seclusion is used, the recipient shall be

21 advised of his right, pursuant to Sections 2-200 and 2-201 of

22 this Code, to have any person of his choosing, including the

23 Department of Disability Advocacy and Guardianship and

24 Advocacy Commission notified of the seclusion. A person who is

25 under guardianship may request that any person of his choosing

26 be notified of the seclusion whether or not the guardian
    HB0862 Enrolled  - 266 - LRB104 04759 SPS 14786 b

1 approves of the notice. Whenever the Department of Disability
2 Advocacy and Guardianship and Advocacy Commission is notified
3 that a recipient has been secluded, it shall contact that
4 recipient to determine the circumstances of the seclusion and
5 whether further action is warranted.
6 (Source: P.A. 101-587, eff. 1-1-20.)

7   (405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)

8   Sec. 2-114. (a) Whenever an attorney or other advocate

9 from the Department of Disability Advocacy and Guardianship

10 and Advocacy Commission or the agency designated by the

11 Governor under Section 1 of the Protection and Advocacy for

12 Persons with Developmental Disabilities Act or any other

13 attorney advises a facility in which a recipient is receiving

14 inpatient mental health services that he is presently

15 representing the recipient, or has been appointed by any court

16 or administrative agency to do so or has been requested to

17 represent the recipient by a member of the recipient's family,

18 the facility shall, subject to the provisions of Section 2-113

19 of this Code, disclose to the attorney or advocate whether the

20 recipient is presently residing in the facility and, if so,

21 how the attorney or advocate may communicate with the

22 recipient.

23  (b) The facility may take reasonable precautions to

24 identify the attorney or advocate. No further information

25 shall be disclosed to the attorney or advocate except in
    HB0862 Enrolled  - 267 - LRB104 04759 SPS 14786 b

1 conformity with the authorization procedures contained in the

2 Mental Health and Developmental Disabilities Confidentiality

3 Act.

4   (c) Whenever the location of the recipient has been

5 disclosed to an attorney or advocate, the facility director

6 shall inform the recipient of that fact and shall note this

7 disclosure in the recipient's records.

8   (d) An attorney or advocate who receives any information

9 under this Section may not disclose this information to anyone

10 else without the written consent of the recipient obtained

11 pursuant to Section 5 of the Mental Health and Developmental

12 Disabilities Confidentiality Act.

13 (Source: P.A. 99-143, eff. 7-27-15.)

14  (405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)

15  Sec. 2-200. (a) Upon commencement of services, or as soon

16 thereafter as the condition of the recipient permits, every

17 adult recipient, as well as the recipient's guardian or

18 substitute decision maker, and every recipient who is 12 years

19 of age or older and the parent or guardian of a minor or person

20 under guardianship shall be informed orally and in writing of

21 the rights guaranteed by this Chapter which are relevant to

22 the nature of the recipient's services program. The notice

23 shall include, if applicable, the recipient's right to request

24 a transfer to a different Department facility under Section

25 3-908. Every facility shall also post conspicuously in public
    HB0862 Enrolled  - 268 - LRB104 04759 SPS 14786 b

1 areas a summary of the rights which are relevant to the

2 services delivered by that facility as well as contact

3 information for the Department of Disability Advocacy and

4 Guardianship and Advocacy Commission and the agency designated

5 by the Governor under Section 1 of the Protection and Advocacy

6 for Persons with Developmental Disabilities Act.

7   (b) A recipient who is 12 years of age or older and the

8 parent or guardian of a minor or person under guardianship at

9 any time may designate, and upon commencement of services

10 shall be informed of the right to designate, a person or agency

11 to receive notice under Section 2-201 or to direct that no

12 information about the recipient be disclosed to any person or

13 agency.

14  (c) Upon commencement of services, or as soon thereafter

15 as the condition of the recipient permits, the facility shall

16 ask the adult recipient or minor recipient admitted pursuant

17 to Section 3-502 whether the recipient wants the facility to

18 contact the recipient's spouse, parents, guardian, close

19 relatives, friends, attorney, advocate from the Department of

20 Disability Advocacy and Guardianship and Advocacy Commission

21 or the agency designated by the Governor under Section 1 of the

22 Protection and Advocacy for Persons with Developmental

23 Disabilities Act, or others and inform them of the recipient's

24 presence at the facility. The facility shall by phone or by

25 mail contact at least two of those people designated by the

26 recipient and shall inform them of the recipient's location.
    HB0862 Enrolled    - 269 - LRB104 04759 SPS 14786 b

1 If the recipient so requests, the facility shall also inform

2 them of how to contact the recipient.

3   (d) Upon commencement of services, or as soon thereafter

4 as the condition of the recipient permits, the facility shall

5 advise the recipient as to the circumstances under which the

6 law permits the use of emergency forced medication or

7 electroconvulsive therapy under subsection (a) of Section

8 2-107, restraint under Section 2-108, or seclusion under

9 Section 2-109. At the same time, the facility shall inquire of

10 the recipient which form of intervention the recipient would

11 prefer if any of these circumstances should arise. The

12 recipient's preference shall be noted in the recipient's

13 record and communicated by the facility to the recipient's

14 guardian or substitute decision maker, if any, and any other

15 individual designated by the recipient. If any such

16 circumstances subsequently do arise, the facility shall give

17 due consideration to the preferences of the recipient

18 regarding which form of intervention to use as communicated to

19 the facility by the recipient or as stated in the recipient's

20 advance directive.

21 (Source: P.A. 102-593, eff. 8-27-21.)

22  (405 ILCS 5/2-201) (from Ch. 91 1/2, par. 2-201)

23  Sec. 2-201. (a) Whenever any rights of a recipient of

24 services that are specified in this Chapter are restricted,

25 the professional responsible for overseeing the implementation
    HB0862 Enrolled  - 270 - LRB104 04759 SPS 14786 b

1 of the recipient's services plan shall be responsible for

2 promptly giving notice of the restriction or use of restraint

3 or seclusion and the reason therefor to:

4   (1) the recipient and, if such recipient is a minor or

5   under guardianship, his parent or guardian;

6   (2) a person designated under subsection (b) of

7   Section 2-200 upon commencement of services or at any

8   later time to receive such notice;

9   (3) the facility director;

10  (4) the Department of Disability Advocacy and

11  Guardianship and Advocacy Commission, or the agency

12  designated under "An Act in relation to the protection and

13  advocacy of the rights of persons with developmental

14  disabilities, and amending Acts therein named", approved

15  September 20, 1985, if either is so designated; and

16  (5) the recipient's substitute decision maker, if any.

17  The professional shall also be responsible for promptly

18 recording such restriction or use of restraint or seclusion

19 and the reason therefor in the recipient's record.

20  (b) The facility director shall maintain a file of all

21 notices of restrictions of rights, or the use of restraint or

22 seclusion for the past 3 years. The facility director shall

23 allow the Department of Disability Advocacy and Guardianship

24 and Advocacy Commission, the agency designated by the Governor

25 under Section 1 of "An Act in relation to the protection and

26 advocacy of the rights of persons with developmental
    HB0862 Enrolled          - 271 - LRB104 04759 SPS 14786 b

1 disabilities, and amending Acts therein named," approved
2 September 20, 1985, and the Department to examine and copy
3 such records upon request. Records obtained under this Section
4 shall not be further disclosed except pursuant to written
5 authorization of the recipient under Section 5 of the Mental
6 Health and Developmental Disabilities Confidentiality Act.
7 (Source: P.A. 91-726, eff. 6-2-00.)

8   (405 ILCS 5/3-206) (from Ch. 91 1/2, par. 3-206)

9   Sec. 3-206. Whenever a person is admitted or objects to

10 admission, and whenever a recipient is notified that his legal

11 status is to be changed, the facility director of the mental

12 health facility shall provide the person, if he is 12 or older,

13 with the address and phone number of the Department of

14 Disability Advocacy and Guardianship and Advocacy Commission.

15 If the person requests, the facility director shall assist him

16 in contacting the Department of Disability Advocacy and

17 Guardianship Commission.

18 (Source: P.A. 88-380.)

19  (405 ILCS 5/3-405) (from Ch. 91 1/2, par. 3-405)

20  Sec. 3-405. (a) If the facility director of a Department

21 mental health facility declines to admit a person seeking

22 admission under Articles III or IV of this Chapter, a review of

23 the denial may be requested by the person seeking admission

24 or, with his consent, by an interested person on his behalf.
    HB0862 Enrolled  - 272 - LRB104 04759 SPS 14786 b

1 Such a request may be made on behalf of a minor presented for

2 admission under Section 3-502, 3-503 or 3-504 by the minor's

3 attorney, by the parent, guardian or person in loco parentis

4 who executed the application for his admission, or by the

5 minor himself if he is 16 years of age or older. Whenever

6 admission to a Department facility is denied, the person

7 seeking admission shall immediately be given written notice of

8 the right to request review of the denial under this Section

9 and shall be provided, if he is 12 or older, with the address

10 and phone number of the Department of Disability Advocacy and

11 Guardianship and Advocacy Commission. If the person requests,

12 the facility director shall assist him in contacting the

13 Department of Disability Advocacy and Guardianship Commission.

14 A written request for review shall be submitted to the

15 director of the facility that denied admission within 14 days

16 of the denial. Upon receipt of the request, the facility

17 director shall promptly schedule a hearing to be held at the

18 denying facility within 7 days pursuant to Section 3-207.

19  (b) At the hearing the Department shall have the burden of

20 proving that the person denied admission does not meet the

21 standard set forth in the Section under which admission is

22 sought or that an appropriate alternative community treatment

23 program was available to meet the person's needs and was

24 offered. If the utilization review committee finds that the

25 decision denying admission is based upon substantial evidence,

26 it shall recommend that the denial of admission be upheld.
    HB0862 Enrolled  - 273 - LRB104 04759 SPS 14786 b

 1 However, if it finds that the facility to which admission is
 2 sought can provide adequate and appropriate treatment for the
 3 person and no appropriate community alternative treatment is
 4 available, it shall recommend that the person denied admission
 5 be admitted. If it determines that another facility can
 6 provide treatment appropriate to the clinical condition and
 7 needs of the person denied admission, it may recommend that
 8 the Department or other agency assist the person in obtaining
 9 such treatment.
10 (Source: P.A. 91-726, eff. 6-2-00.)

11  (405 ILCS 5/3-805) (from Ch. 91 1/2, par. 3-805)

12  Sec. 3-805. Every respondent alleged to be subject to

13 involuntary admission on an inpatient or outpatient basis

14 shall be represented by counsel. If the respondent is indigent

15 or an appearance has not been entered on his behalf at the time

16 the matter is set for hearing, the court shall appoint counsel

17 for him. A hearing shall not proceed when a respondent is not

18 represented by counsel unless, after conferring with counsel,

19 the respondent requests to represent himself and the court is

20 satisfied that the respondent has the capacity to make an

21 informed waiver of his right to counsel. Counsel shall be

22 allowed time for adequate preparation and shall not be

23 prevented from conferring with the respondent at reasonable

24 times nor from making an investigation of the matters in issue

25 and presenting such relevant evidence as he believes is
    HB0862 Enrolled  - 274 - LRB104 04759 SPS 14786 b

1 necessary.

2   1. If the court determines that the respondent is unable

3 to obtain counsel, the court shall appoint as counsel an

4 attorney employed by or under contract with the Department of

5 Disability Advocacy and Guardianship and Mental Health

6 Advocacy Commission, if available.

7   2. If an attorney from the Department of Disability

8 Advocacy and Guardianship and Mental Health Advocacy

9 Commission is not available, the court shall appoint as

10 counsel the public defender or, only if no public defender is

11 available, an attorney licensed to practice law in this State.

12  3. Upon filing with the court of a verified statement of

13 legal services rendered by the private attorney appointed

14 pursuant to paragraph (2) of this Section, the court shall

15 determine a reasonable fee for such services. If the

16 respondent is unable to pay the fee, the court shall enter an

17 order upon the county to pay the entire fee or such amount as

18 the respondent is unable to pay.

19 (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

20  (405 ILCS 5/3-910) (from Ch. 91 1/2, par. 3-910)

21  Sec. 3-910. (a) Whenever a recipient who has been in a

22 Department facility for more than 7 days is to be transferred

23 to another facility under Section 3-908, the facility director

24 of the facility shall give written notice at least 14 days

25 before the transfer to the recipient, his attorney, guardian,
    HB0862 Enrolled          - 275 - LRB104 04759 SPS 14786 b

1 if any, and responsible relative. In the case of a minor,

2 notice shall be given to his attorney, to the parent,

3 guardian, or person in loco parentis who executed the

4 application for his admission, and to the minor himself if he

5 is 12 years of age or older. The notice shall include the

6 reasons for transfer, a statement of the right to object and

7 the address and phone number of the Department of Disability

8 Advocacy and Guardianship and Advocacy Commission. If the

9 recipient requests, the facility director shall assist him in

10 contacting the Department of Disability Advocacy and

11 Guardianship Commission.

12  (b) In an emergency, when the health of the recipient or

13 the physical safety of the recipient or others is imminently

14 imperiled and appropriate care is not available where the

15 recipient is located, a recipient may be immediately

16 transferred to another facility provided that notice of the

17 transfer is given as soon as possible but not more than 48

18 hours after transfer. The reason for the emergency shall be

19 noted in the recipient's record and specified in the notice.

20  (c) A recipient may object to his transfer or his

21 attorney, guardian, or responsible relative may object on his

22 behalf. In the case of a minor, his attorney, the person who

23 executed the application for admission, or the minor himself

24 if he is 12 years of age or older, may object to the transfer.

25 Prior to transfer or within 14 days after an emergency

26 transfer, a written objection shall be submitted to the
    HB0862 Enrolled        - 276 - LRB104 04759 SPS 14786 b

1 facility director of the facility where the recipient is

2 located. Upon receipt of an objection, the facility director

3 shall promptly schedule a hearing to be held within 7 days

4 pursuant to Section 3-207. The hearing shall be held at the

5 transferring facility except that when an emergency transfer

6 has taken place the hearing may be held at the receiving

7 facility. Except in an emergency, no transfer shall proceed

8 pending hearing on an objection.

9   (d) At the hearing the Department shall have the burden of

10 proving that the standard for transfer under Section 3-908 is

11 met. If the transfer is to a facility which is substantially

12 more physically restrictive than the transferring facility,

13 the Department shall also prove that the transfer is

14 reasonably required for the safety of the recipient or others.

15 If the utilization review committee finds that the Department

16 has sustained its burden and the decision to transfer is based

17 upon substantial evidence, it shall recommend that the

18 transfer proceed. If it does not so find, it shall recommend

19 that the recipient not be transferred.

20 (Source: P.A. 88-380.)

21  (405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)

22  Sec. 4-201.1. (a) A person residing in a Department mental

23 health facility who is evaluated as having a mild or moderate

24 intellectual disability, an attorney or advocate representing

25 the person, or a guardian of such person may object to the
   HB0862 Enrolled  - 277 - LRB104 04759 SPS 14786 b

1 Department facility director's certification required in

2 Section 4-201, the treatment and habilitation plan, or

3 appropriateness of setting, and obtain an administrative

4 decision requiring revision of a treatment or habilitation

5 plan or change of setting, by utilization review as provided

6 in Sections 3-207 and 4-209 of this Code. As part of this

7 utilization review, the Committee shall include as one of its

8 members a qualified intellectual disabilities professional.

9  (b) The mental health facility director shall give written

10 notice to each person evaluated as having a mild or moderate

11 intellectual disability, the person's attorney and guardian,

12 if any, or in the case of a minor, to his or her attorney, to

13 the parent, guardian or person in loco parentis and to the

14 minor if 12 years of age or older, of the person's right to

15 request a review of the facility director's initial or

16 subsequent determination that such person is appropriately

17 placed or is receiving appropriate services. The notice shall

18 also provide the address and phone number of the Division of

19 Legal Advocacy Service of the Department of Disability

20 Advocacy and Guardianship and Advocacy Commission, which the

21 person or guardian can contact for legal assistance. If

22 requested, the facility director shall assist the person or

23 guardian in contacting the Division of Legal Advocacy Service.

24 This notice shall be given within 24 hours of Department's

25 evaluation by the Department of Human Services that the person

26 has a mild or moderate intellectual disability.
    HB0862 Enrolled  - 278 - LRB104 04759 SPS 14786 b

1   (c) Any recipient of services who successfully challenges

2 a final decision of the Secretary of the Department (or his or

3 her designee) reviewing an objection to the certification

4 required under Section 4-201, the treatment and habilitation

5 plan, or the appropriateness of the setting shall be entitled

6 to recover reasonable attorney's fees incurred in that

7 challenge, unless the Department's position was substantially

8 justified.

9 (Source: P.A. 99-143, eff. 7-27-15.)

10  (405 ILCS 5/4-203) (from Ch. 91 1/2, par. 4-203)

11  Sec. 4-203. (a) Every developmental disabilities facility

12 shall maintain adequate records which shall include the

13 Section of this Act under which the client was admitted, any

14 subsequent change in the client's status, and requisite

15 documentation for such admission and status.

16  (b) The Department shall ensure that a monthly report is

17 maintained for each Department mental health facility, and

18 each unit of a Department developmental disability facility

19 for dually diagnosed persons, which lists (1) initials of

20 persons admitted to, residing at, or discharged from a

21 Department mental health facility or unit for dually diagnosed

22 persons of Department developmental disability facility during

23 that month with a primary or secondary diagnosis of

24 intellectual disability, (2) the date and facility and unit of

25 admission or continuing, care, (3) the legal admission status,
    HB0862 Enrolled            - 279 - LRB104 04759 SPS 14786 b

1 (4) the recipient's diagnosis, (5) the date and facility and

2 unit of transfer or discharge, (6) whether or not there is a

3 public or private guardian, (7) whether the facility director

4 has certified that appropriate treatment and habilitation are

5 available for and being provided to such person pursuant to

6 Section 4-203 of this Chapter, and (8) whether the person or a

7 guardian has requested review as provided in Section 4-209 of

8 this Chapter and, if so, the outcome of the review. The

9 Secretary of the Department shall furnish a copy of each

10 monthly report upon request to the Department of Disability

11 Advocacy and Guardianship and Advocacy Commission and the

12 agency designated by the Governor under Section 1 of "An Act in

13 relation to the protection and advocacy of the rights of

14 persons with developmental disabilities, and amending certain

15 Acts therein named", approved September 20, 1985, and under

16 Section 1 of "An Act for the protection and advocacy of

17 mentally ill persons", approved September 20, 1987.

18  (c) Nothing contained in this Chapter shall be construed

19 to limit or otherwise affect the power of any developmental

20 disabilities facility to determine the qualifications of

21 persons permitted to admit clients to such facility. This

22 subsection shall not affect or limit the powers of any court to

23 order admission to a developmental disabilities facility as

24 set forth in this Chapter.

25 (Source: P.A. 97-227, eff. 1-1-12.)
    HB0862 Enrolled  - 280 - LRB104 04759 SPS 14786 b

1   (405 ILCS 5/4-605) (from Ch. 91 1/2, par. 4-605)

2   Sec. 4-605. Every respondent alleged to meet the standard

3 for judicial admission shall be represented by counsel. If the

4 respondent is indigent or an appearance has not been entered

5 on his behalf at the time the matter is set for hearing, the

6 court shall appoint counsel for him. A hearing shall not

7 proceed when a respondent is not represented by counsel

8 unless, after conferring with counsel, the respondent requests

9 to represent himself and the court is satisfied that the

10 respondent has the capacity to make an informed waiver of his

11 right to counsel. Counsel shall be allowed time for adequate

12 preparation and shall not be prevented from conferring with

13 the respondent at reasonable times nor from making an

14 investigation of the matters in issue and presenting such

15 relevant evidence as he believes is necessary.

16  1. If the court determines that the respondent is unable

17 to obtain counsel, the court shall appoint as counsel an

18 attorney employed by or under contract with the Department of

19 Disability Advocacy and Guardianship and Advocacy Commission,

20 if available.

21  2. If an attorney from the Department of Disability

22 Advocacy and Guardianship and Advocacy Commission is not

23 available, the court shall appoint as counsel the public

24 defender or, only if no public defender is available, an

25 attorney licensed to practice law in this State.

26  3. Upon filing with the court of a verified statement of
   HB0862 Enrolled  - 281 - LRB104 04759 SPS 14786 b

1 legal services rendered by the private attorney appointed
2 pursuant to paragraph (2) of this Section, the court shall
3 determine a reasonable fee for such services. If the
4 respondent is unable to pay the fee, the court shall enter an
5 order upon the county to pay the entire fee or such amount as
6 the respondent is unable to pay.
7 (Source: P.A. 85-1247.)

8  (405 ILCS 5/5-100) (from Ch. 91 1/2, par. 5-100)

9  Sec. 5-100. Written notice of the death of a recipient of

10 services which occurs at a mental health or developmental

11 disabilities facility, or the death of a recipient of services

12 who has not been discharged from a mental health or

13 developmental disabilities facility but whose death occurs

14 elsewhere, shall within 10 days of the death of a recipient be

15 mailed to the Department of Public Health which, for the

16 primary purpose of monitoring patterns of abuse and neglect of

17 recipients of services, shall make such notices available to

18 the Department of Disability Advocacy and Guardianship and

19 Advocacy Commission and to the agency designated by the

20 Governor under Section 1 of "An Act in relation to the

21 protection and advocacy of the rights of persons with

22 developmental disabilities, and amending Acts therein named",

23 approved September 20, 1985. Such notice shall include the

24 name of the recipient, the name and address of the facility at

25 which the death occurred, the recipient's age, the nature of
    HB0862 Enrolled            - 282 - LRB104 04759 SPS 14786 b

1 the recipient's condition, including any evidence of the

2 previous injuries or disabilities, or relevant medical

3 conditions or any other information which might be helpful in

4 establishing the cause of death.

5   Written notice of the death of a recipient of services who

6 was admitted by court order, and the cause thereof shall, in

7 all cases, be mailed by the facility director to the court

8 entering the original admission order, and if possible, to the

9 same judge, and the time, place and alleged cause of such death

10 shall be entered upon the docket. Such notice must be mailed

11 within 10 days following the death of the recipient.

12  In the event of a sudden or mysterious death of any

13 recipient of services at any public or private facility, a

14 coroner's inquest shall be held as provided by law in other

15 cases.

16  In cases where the deceased person was a recipient or

17 client of any state facility, and the fees for holding an

18 inquest cannot be collected out of his estate, such fees shall

19 be paid by the Department.

20 (Source: P.A. 88-380.)

21  Section 10-100. The Alzheimer's Disease Assistance Act is

22 amended by changing Section 6 as follows:

23  (410 ILCS 405/6) (from Ch. 111 1/2, par. 6956)

24  Sec. 6. Alzheimer's Disease Advisory Committee.
    HB0862 Enrolled  - 283 - LRB104 04759 SPS 14786 b

1   (a) There is created the Alzheimer's Disease Advisory

2 Committee consisting of 17 voting members appointed by the

3 Director of the Department, as well as 5 nonvoting members as

4 hereinafter provided in this Section. The Director or his

5 designee shall serve as one of the 17 voting members and as the

6 Chairman of the Committee. Those appointed as voting members

7 shall include persons who are experienced in research and the

8 delivery of services to individuals with Alzheimer's disease

9 or a related disorder and their families. Such members shall

10 include:

11  (1) one individual from a statewide association

12  dedicated to Alzheimer's care, support, and research;

13  (2) one individual from a non-governmental statewide

14  organization that advocates for seniors;

15  (3) the Dementia Coordinator of the Illinois

16  Department of Public Health, or the Dementia Coordinator's

17  designee;

18  (4) one individual representing the Community Care

19  Program's Home and Community Services Division;

20  (5) one individual representing the Adult Protective

21  Services Unit;

22  (6) 3 individuals from Alzheimer's Disease Assistance

23  Centers;

24  (7) one individual from a statewide association

25  representing an adult day service organization;

26  (8) one individual from a statewide association
    HB0862 Enrolled       - 284 - LRB104 04759 SPS 14786 b

1   representing home care providers;

2   (9) one individual from a statewide trade organization

3   representing the interests of physicians licensed to

4   practice medicine in all of its branches in Illinois;

5   (10) one individual representing long-term care

6   facilities licensed under the Nursing Home Care Act, an

7   assisted living establishment licensed under the Assisted

8   Living and Shared Housing Act, or supportive living

9   facilities;

10  (11) one individual from a statewide association

11  representing the interests of social workers;

12  (12) one individual representing Area Agencies on

13  Aging;

14  (13) the Medicaid Director of the Department of

15  Healthcare and Family Services, or the Medicaid Director's

16  designee;

17  (14) one individual from a statewide association

18  representing health education and promotion and public

19  health advocacy; and

20  (15) one individual with medical or academic

21  experience with early onset Alzheimer's disease or related

22  disorders.

23  (b) In addition to the 17 voting members, the Directors of

24 the following State agencies or their designees who are

25 qualified to represent each Department's programs and services

26 for those with Alzheimer's disease or related disorders shall
    HB0862 Enrolled      - 285 - LRB104 04759 SPS 14786 b

1 serve as nonvoting members: Department on Aging, Department of

2 Healthcare and Family Services, Department of Public Health,

3 Department of Human Services, and Department of Disability

4 Advocacy and Guardianship and Advocacy Commission.

5   Each voting member appointed by the Director of Public

6 Health shall serve for a term of 2 years, and until his

7 successor is appointed and qualified. Members of the Committee

8 shall not be compensated but shall be reimbursed for expenses

9 actually incurred in the performance of their duties.

10 Vacancies shall be filled in the same manner as original

11 appointments.

12  The Committee shall review all State programs and services

13 provided by State agencies that are directed toward persons

14 with Alzheimer's disease and related dementias, and by

15 consensus recommend changes to improve the State's response to

16 this serious health problem. Such recommendations shall be

17 included in the State plan described in this Act.

18 (Source: P.A. 101-588, eff. 1-1-20.)

19  Section 10-103. The Vital Records Act is amended by

20 changing Section 25.2 as follows:

21  (410 ILCS 535/25.2)

22  Sec. 25.2. Division Office of State Guardian birth record

23 request.

24  (a) For purposes of this Section, an individual's status
    HB0862 Enrolled          - 286 - LRB104 04759 SPS 14786 b

1 as a person under guardianship of with the Division Office of

2 State Guardian may be verified with a copy of the court order

3 placing the individual under the guardianship of the Division

4 Office of State Guardian.

5   (b) The applicable fees under Section 17 for a new

6 certificate of birth and under Section 25 for a search for a

7 birth record or certified copy of a birth record shall be

8 waived for requests made by the Division Office of State

9 Guardian to the Office of the State Registrar of Vital Records

10 in Springfield for an individual under guardianship of the

11 Division Office of State Guardian, whose status is verified

12 under subsection (a) of this Section.

13  (c) The State Registrar of Vital Records shall establish

14 standards and procedures consistent with this Section for

15 waiver of the applicable fees.

16  (d) An individual under guardianship shall be provided no

17 more than 4 birth records annually under this Section.

18 (Source: P.A. 103-682, eff. 7-1-25.)

19  Section 10-105. The Clerks of Courts Act is amended by

20 changing Section 27.3f as follows:

21  (705 ILCS 105/27.3f)

22  Sec. 27.3f. Guardianship and advocacy operations fee.

23  (a) As used in this Section, "guardianship and advocacy"

24 means the guardianship and advocacy services provided by the
    HB0862 Enrolled            - 287 - LRB104 04759 SPS 14786 b

1 Department of Disability Advocacy and Guardianship and

2 Advocacy Commission and defined in the Guardianship and

3 Advocacy Act. Viable public guardianship and advocacy

4 programs, including the public guardianship programs created

5 and supervised in probate proceedings in the Illinois courts,

6 are essential to the administration of justice and ensure that

7 incapacitated persons and their estates are protected. To

8 defray the expense of maintaining and operating the divisions

9 and programs of the Department of Disability Advocacy and

10 Guardianship and Advocacy Commission and to support viable

11 guardianship and advocacy programs throughout Illinois, each

12 circuit court clerk shall charge and collect a fee on all

13 matters filed in probate cases in accordance with this

14 Section, but no fees shall be assessed against the Division of

15 State Guardian, any State agency under the jurisdiction of the

16 Governor, any public guardian, or any State's Attorney.

17  (b) No fee specified in this Section shall be imposed in

18 any minor guardianship established under Article XI of the

19 Probate Act of 1975, or against an indigent person. An

20 indigent person shall include any person who meets one or more

21 of the following criteria:

22  (1) He or she is receiving assistance under one or

23  more of the following public benefits programs:

24  Supplemental Security Income (SSI), Aid to the Aged,

25  Blind, and Disabled (AABD), Temporary Assistance for Needy

26  Families (TANF), Supplemental Nutrition Assistance Program
    HB0862 Enrolled  - 288 - LRB104 04759 SPS 14786 b

1   (SNAP) (formerly Food Stamps), General Assistance, State

2   Transitional Assistance, or State Children and Family

3   Assistance.

4   (2) His or her available income is 125% or less of the

5   current poverty level as established by the United States

6   Department of Health and Human Services, unless the

7   applicant's assets that are not exempt under Part 9 or 10

8   of Article XII of the Code of Civil Procedure are of a

9   nature and value that the court determines that the

10  applicant is able to pay the fees, costs, and charges.

11  (3) He or she is, in the discretion of the court,

12  unable to proceed in an action without payment of fees,

13  costs, and charges and whose payment of those fees, costs,

14  and charges would result in substantial hardship to the

15  person or his or her family.

16  (4) He or she is an indigent person pursuant to

17  Section 5-105.5 of the Code of Civil Procedure, providing

18  that an "indigent person" means a person whose income is

19  125% or less of the current official federal poverty

20  guidelines or who is otherwise eligible to receive civil

21  legal services under the Legal Services Corporation Act of

22  1974.

23  (c) The clerk is entitled to receive the fee specified in

24 this Section, which shall be paid in advance, and managed by

25 the clerk as set out in paragraph (2), except that, for good

26 cause shown, the court may suspend, reduce, or release the
    HB0862 Enrolled  - 289 - LRB104 04759 SPS 14786 b

1 costs payable under this Section:

2   (1) For administration of the estate of a decedent

3   (whether testate or intestate) or of a missing person, a

4   fee of $100.

5   (2) The guardianship and advocacy operations fee, as

6   outlined in this Section, shall be in addition to all

7   other fees and charges and assessable as costs. Five

8   percent of the fee shall be retained by the clerk for

9   deposit into the Circuit Court Clerk Operation and

10  Administrative Fund to defray costs of collection and 95%

11  of the fee shall be disbursed within 60 days after receipt

12  by the circuit clerk to the State Treasurer for deposit by

13  the State Treasurer into the Guardianship and Advocacy

14  Fund.

15 (Source: P.A. 97-1093, eff. 1-1-13.)

16  Section 10-110. The Criminal Code of 2012 is amended by

17 changing Section 12-9 as follows:

18  (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)

19  Sec. 12-9. Threatening public officials; human service

20 providers.

21  (a) A person commits threatening a public official or

22 human service provider when:

23  (1) that person knowingly delivers or conveys,

24  directly or indirectly, to a public official or human
    HB0862 Enrolled  - 290 - LRB104 04759 SPS 14786 b

1   service provider by any means a communication:

2   (i) containing a threat that would place the

3   public official or human service provider or a member

4   of his or her immediate family in reasonable

5   apprehension of immediate or future bodily harm,

6   sexual assault, confinement, or restraint; or

7   (ii) containing a threat that would place the

8   public official or human service provider or a member

9   of his or her immediate family in reasonable

10  apprehension that damage will occur to property in the

11  custody, care, or control of the public official or

12  his or her immediate family; and

13  (2) the threat was conveyed because of the performance

14  or nonperformance of some public duty or duty as a human

15  service provider, because of hostility of the person

16  making the threat toward the status or position of the

17  public official or the human service provider, or because

18  of any other factor related to the official's public

19  existence.

20  (a-5) For purposes of a threat to a sworn law enforcement

21 officer, the threat must contain specific facts indicative of

22 a unique threat to the person, family or property of the

23 officer and not a generalized threat of harm.

24  (a-6) For purposes of a threat to a social worker,

25 caseworker, investigator, or human service provider, the

26 threat must contain specific facts indicative of a unique
    HB0862 Enrolled  - 291 - LRB104 04759 SPS 14786 b

1 threat to the person, family or property of the individual and

2 not a generalized threat of harm.

3   (b) For purposes of this Section:

4   (1) "Public official" means a person who is elected to

5   office in accordance with a statute or who is appointed to

6   an office which is established, and the qualifications and

7   duties of which are prescribed, by statute, to discharge a

8   public duty for the State or any of its political

9   subdivisions or in the case of an elective office any

10  person who has filed the required documents for nomination

11  or election to such office. "Public official" includes a

12  duly appointed assistant State's Attorney, assistant

13  Attorney General, or Appellate Prosecutor; a sworn law

14  enforcement or peace officer; a social worker, caseworker,

15  attorney, or investigator employed by the Department of

16  Healthcare and Family Services, the Department of Human

17  Services, the Department of Children and Family Services,

18  or the Department of Disability Advocacy and Guardianship

19  and Advocacy Commission; or an assistant public guardian,

20  attorney, social worker, case manager, or investigator

21  employed by a duly appointed public guardian.

22  (1.5) "Human service provider" means a social worker,

23  case worker, or investigator employed by an agency or

24  organization providing social work, case work, or

25  investigative services under a contract with or a grant

26  from the Department of Human Services, the Department of
    HB0862 Enrolled   - 292 - LRB104 04759 SPS 14786 b

1   Children and Family Services, the Department of Healthcare

2   and Family Services, or the Department on Aging.

3   (2) "Immediate family" means a public official's

4   spouse or child or children.

5   (c) Threatening a public official or human service

6 provider is a Class 3 felony for a first offense and a Class 2

7 felony for a second or subsequent offense.

8 (Source: P.A. 100-1, eff. 1-1-18.)

9   Section 10-115. The Mental Health and Developmental

10 Disabilities Confidentiality Act is amended by changing

11 Sections 4, 8, and 8.1 as follows:

12  (740 ILCS 110/4) (from Ch. 91 1/2, par. 804)

13  Sec. 4. (a) The following persons shall be entitled, upon

14 request, to inspect and copy a recipient's record or any part

15 thereof:

16  (1) the parent or guardian of a recipient who is under

17  12 years of age;

18  (2) the recipient if he is 12 years of age or older;

19  (3) the parent or guardian of a recipient who is at

20  least 12 but under 18 years, if the recipient is informed

21  and does not object or if the therapist does not find that

22  there are compelling reasons for denying the access. The

23  parent or guardian who is denied access by either the

24  recipient or the therapist may petition a court for access
    HB0862 Enrolled  - 293 - LRB104 04759 SPS 14786 b

1   to the record. Nothing in this paragraph is intended to

2   prohibit the parent or guardian of a recipient who is at

3   least 12 but under 18 years from requesting and receiving

4   the following information: current physical and mental

5   condition, diagnosis, treatment needs, services provided,

6   and services needed, including medication, if any;

7   (3.5) the parent or guardian of a minor, regardless of

8   the minor's age, if the minor is involved in special

9   education services under Section 14-1.11 of the School

10  Code, and only for the purpose of inspecting and copying a

11  record of the specific mental health or developmental

12  services that the parent or guardian consented to on the

13  recipient's behalf for special education services; or the

14  designated representative of a student over the age of 18

15  involved in special education services under Section

16  14-6.10 of the School Code;

17  (4) the guardian of a recipient who is 18 years or

18  older;

19  (5) an attorney or guardian ad litem who represents a

20  minor 12 years of age or older in any judicial or

21  administrative proceeding, provided that the court or

22  administrative hearing officer has entered an order

23  granting the attorney this right;

24  (6) an agent appointed under a recipient's power of

25  attorney for health care or for property, when the power

26  of attorney authorizes the access;
    HB0862 Enrolled  - 294 - LRB104 04759 SPS 14786 b

1   (7) an attorney-in-fact appointed under the Mental

2   Health Treatment Preference Declaration Act; or

3   (8) any person in whose care and custody the recipient

4   has been placed pursuant to Section 3-811 of the Mental

5   Health and Developmental Disabilities Code.

6   (b) Assistance in interpreting the record may be provided

7 without charge and shall be provided if the person inspecting

8 the record is under 18 years of age. However, access may in no

9 way be denied or limited if the person inspecting the record

10 refuses the assistance. A reasonable fee may be charged for

11 duplication of a record. However, when requested to do so in

12 writing by any indigent recipient, the custodian of the

13 records shall provide at no charge to the recipient, or to the

14 Department of Disability Advocacy and Guardianship and

15 Advocacy Commission, the agency designated by the Governor

16 under Section 1 of the Protection and Advocacy for Persons

17 with Developmental Disabilities Act or to any other

18 not-for-profit agency whose primary purpose is to provide free

19 legal services or advocacy for the indigent and who has

20 received written authorization from the recipient under

21 Section 5 of this Act to receive his records, one copy of any

22 records in its possession whose disclosure is authorized under

23 this Act.

24  (c) Any person entitled to access to a record under this

25 Section may submit a written statement concerning any disputed

26 or new information, which statement shall be entered into the
    HB0862 Enrolled             - 295 - LRB104 04759 SPS 14786 b

1 record. Whenever any disputed part of a record is disclosed,

2 any submitted statement relating thereto shall accompany the

3 disclosed part. Additionally, any person entitled to access

4 may request modification of any part of the record which he

5 believes is incorrect or misleading. If the request is

6 refused, the person may seek a court order to compel

7 modification.

8   (d) Whenever access or modification is requested, the

9 request and any action taken thereon shall be noted in the

10 recipient's record.

11  (e) Nothing in this Section shall be construed to affect

12 the protection of or access to records under the Illinois

13 School Student Records Act or the federal Individuals with

14 Disabilities Education Act.

15 (Source: P.A. 103-474, eff. 1-1-24; 104-263, eff. 1-1-26.)

16  (740 ILCS 110/8) (from Ch. 91 1/2, par. 808)

17  Sec. 8. In the course of an investigation, or in the course

18 of monitoring issues concerning the rights of recipients or

19 the services provided to recipients as authorized by

20 subsection (l) of Section 5 of the Guardianship and Advocacy

21 Act, the Division of Disability Rights and Protections a

22 regional human rights authority of the Department of

23 Disability Advocacy and Guardianship and Advocacy Commission

24 created by the Guardianship and Advocacy Act may inspect and

25 copy any recipient's records in the possession of a therapist,
    HB0862 Enrolled  - 296 - LRB104 04759 SPS 14786 b

 1 agency, department, Department or facility which provides
 2 services to a recipient, including reports of suspected abuse
 3 or neglect of a recipient and information regarding the
 4 disposition of such reports. However, the Division of
 5 Disability Rights and Protections a regional authority may not
 6 inspect or copy records containing personally identifiable
 7 data which cannot be removed without imposing an unreasonable
 8 burden on the therapist, agency, department, Department or
 9 facility which provides services, except as provided herein.
10 The Division of Disability Rights and Protections regional
11 authority shall give written notice to the person entitled to
12 give consent for the identifiable recipient of services under
13 Section 4 that it is conducting an investigation or monitoring
14 and indicating the nature and purpose of the investigation or
15 monitoring and the need to inspect and copy the recipient's
16 record. If the person notified objects in writing to such
17 inspection and copying, the Division of Disability Rights and
18 Protections regional authority may not inspect or copy the
19 record. The therapist, agency, department, Department or
20 facility which provides services may not object on behalf of a
21 recipient.
22 (Source: P.A. 86-820; 86-1013; 86-1475.)

23  (740 ILCS 110/8.1) (from Ch. 91 1/2, par. 808.1)

24  Sec. 8.1. The agency designated by the Governor under

25 Section 1 of "An Act in relation to the protection and advocacy
HB0862 Enrolled  - 297 - LRB104 04759 SPS 14786 b

 1 of the rights of persons with developmental disabilities, and
 2 amending Acts therein named", approved September 20, 1985, as
 3 now or hereafter amended, shall have access, for the purpose
 4 of inspection and copying, to the records of a person with
 5 developmental disabilities who resides in a developmental
 6 disability facility or mental health facility, as defined in
 7 Sections 1-107 and 1-114, respectively, of the Mental Health
 8 and Developmental Disabilities Code, as now or hereafter
 9 amended, if (a) a complaint is received by such agency from or
10 on behalf of the person with a developmental disability, and
11 (b) such person does not have a guardian of the person or the
12 State or the designee of the State is his or her guardian of
13 the person. The designated agency shall provide written notice
14 of the receipt of a complaint to the custodian of the records
15 of the person from whom or on whose behalf a complaint is
16 received. The designated agency shall provide to the person
17 with developmental disabilities and to the Division of his or
18 her State Guardian guardian, if appointed, written notice of
19 the nature of the complaint based upon which the designated
20 agency has gained access to the records. No record or the
21 contents of any record shall be redisclosed by the designated
22 agency unless the person with developmental disabilities and
23 the Division of State Guardian guardian are provided 7 days
24 advance written notice, except in emergency situations, of the
25 designated agency's intent to redisclose such record, during
26 which time the person with developmental disabilities or the
    HB0862 Enrolled          - 298 - LRB104 04759 SPS 14786 b

1 Division of State Guardian guardian may seek to judicially

2 enjoin the designated agency's redisclosure of such record on

3 the grounds that such redisclosure is contrary to the

4 interests of the person with developmental disabilities. If a

5 person with developmental disabilities resides in a

6 developmental disability or mental health facility and has a

7 guardian other than the State or the designee of the State, the

8 facility director shall disclose the guardian's name, address

9 and telephone number to the designated agency at the agency's

10 request.

11  Upon written request and after the provision of written

12 notice to the agency, facility or other body from which

13 records and other materials are sought of the designated

14 agency's investigation of problems affecting numbers of

15 persons with developmental disabilities, the designated agency

16 shall be entitled to inspect and copy any records or other

17 materials which may further the agency's investigation of

18 problems affecting numbers of persons with developmental

19 disabilities. When required by law any personally identifiable

20 information of persons with developmental disabilities shall

21 be removed from the records. However, the designated agency

22 may not inspect or copy records or other materials when the

23 removal of personally identifiable information imposes an

24 unreasonable burden on mental health and developmental

25 disabilities facilities.

26  For the purposes of this Section, "developmental
    HB0862 Enrolled        - 299 - LRB104 04759 SPS 14786 b

1 disability" means a severe, chronic disability of a person

2 which -

3   (A) is attributable to a mental or physical impairment or

4 combination of mental and physical impairments;

5   (B) is manifested before the person attains age 22;

6   (C) is likely to continue indefinitely;

7   (D) results in substantial functional limitations in 3 or

8 more of the following areas of major life activity: (i)

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

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

11 independent living, and (vii) economic self-sufficiency; and

12  (E) reflects the person's need for a combination and

13 sequence of special, interdisciplinary or generic care,

14 treatment or other services which are of lifelong or extended

15 duration and are individually planned and coordinated.

16 (Source: P.A. 88-380.)

17  Section 10-120. The Adoption Act is amended by changing

18 Section 13 as follows:

19  (750 ILCS 50/13) (from Ch. 40, par. 1516)

20  Sec. 13. Interim order. As soon as practicable after the

21 filing of a petition for adoption the court shall hold a

22 hearing for the following purposes:

23  A. In other than an adoption of a related child or an

24 adoption through an agency, or of an adult:
    HB0862 Enrolled  - 300 - LRB104 04759 SPS 14786 b

1   (a) To determine the validity of the consent, provided

2   that the execution of a consent pursuant to this Act shall

3   be prima facie evidence of its validity, and provided that

4   the validity of a consent shall not be affected by the

5   omission therefrom of the names of the petitioners or

6   adopting parents at the time the consent is executed or

7   acknowledged, and further provided that the execution of a

8   consent prior to the filing of a petition for adoption

9   shall not affect its validity.

10  (b) To determine whether there is available suitable

11  temporary custodial care for a child sought to be adopted.

12  B. In all cases except standby adoptions and re-adoptions:

13  (a) The court shall appoint some licensed attorney

14  other than the State's attorney acting in his or her

15  official capacity as guardian ad litem to represent a

16  child sought to be adopted. Such guardian ad litem shall

17  have power to consent to the adoption of the child, if such

18  consent is required. In the case of a related adoption

19  where the child sought to be adopted is not a youth in

20  care, the court shall have the discretion to waive the

21  appointment of a guardian ad litem.

22  (b) The court shall appoint a guardian ad litem for

23  all named minors or defendants who are persons under legal

24  disability, if any. In the case of a related adoption

25  where the child sought to be adopted is not a youth in

26  care, the court shall have the discretion to waive the
    HB0862 Enrolled  - 301 - LRB104 04759 SPS 14786 b

1   appointment of a guardian ad litem.

2   (c) If the petition alleges a person to be unfit

3   pursuant to the provisions of subparagraph (p) of

4   paragraph D of Section 1 of this Act, such person shall be

5   represented by counsel. If such person is indigent or an

6   appearance has not been entered on his behalf at the time

7   the matter is set for hearing, the court shall appoint as

8   counsel for him either the Department of Disability

9   Advocacy and Guardianship and Advocacy Commission, the

10  public defender, or, only if no attorney from the

11  Department of Disability Advocacy and Guardianship and

12  Advocacy Commission or the public defender is available,

13  an attorney licensed to practice law in this State.

14  (d) If it is proved to the satisfaction of the court,

15  after such investigation as the court deems necessary,

16  that termination of parental rights and temporary

17  commitment of the child to an agency or to a person deemed

18  competent by the court, including petitioners, will be for

19  the welfare of the child, the court may order the child to

20  be so committed and may terminate the parental rights of

21  the parents and declare the child a ward of the court or,

22  if it is not so proved, the court may enter such other

23  order as it shall deem necessary and advisable.

24  (e) Before an interim custody order is granted under

25  this Section, service of summons shall be had upon the

26  parent or parents whose rights have not been terminated,
    HB0862 Enrolled   - 302 - LRB104 04759 SPS 14786 b

1   except as provided in subsection (f). Reasonable notice

2   and opportunity to be heard shall be given to the parent or

3   parents after service of summons when the address of the

4   parent or parents is available. The party seeking an

5   interim custody order shall make all reasonable efforts to

6   locate the parent or parents of the child or children they

7   are seeking to adopt and to notify the parent or parents of

8   the party's request for an interim custody order pursuant

9   to this Section.

10  (f) An interim custody order may be granted without

11  notice upon presentation to the court of a written

12  petition, accompanied by an affidavit, stating that there

13  is an immediate danger to the child and that irreparable

14  harm will result to the child if notice is given to the

15  parent or parents or legal guardian. Upon making a finding

16  that there is an immediate danger to the child if service

17  of process is had upon and notice of hearing is given to

18  the parent or parents or legal guardian prior to the entry

19  of an order granting temporary custody to someone other

20  than a parent or legal guardian, the court may enter an

21  order of temporary custody which shall expire not more

22  than 10 days after its entry. Every ex parte custody order

23  granted without notice shall state the injury which the

24  court sought to avoid by granting the order, the

25  irreparable injury that would have occurred had notice

26  been given, and the reason the order was granted without
    HB0862 Enrolled  - 303 - LRB104 04759 SPS 14786 b

1   notice. The matter shall be set down for full hearing

2   before the expiration of the ex parte order and will be

3   heard after service of summons is had upon and notice of

4   hearing is given to the parent or parents or legal

5   guardian. At the hearing the burden of proof shall be upon

6   the party seeking to extend the interim custody order to

7   show that the order was properly granted without notice

8   and that custody should remain with the party seeking to

9   adopt during the pendency of the adoption proceeding. If

10  the interim custody order is extended, the reasons for

11  granting the extension shall be stated in the order.

12  C. In the case of a child born outside the United States or

13 a territory thereof, if the petitioners have previously been

14 appointed guardians of such child by a court of competent

15 jurisdiction in a country other than the United States or a

16 territory thereof, the court may order that the petitioners

17 continue as guardians of such child.

18  D. In standby adoption cases:

19  (a) The court shall appoint a licensed attorney other

20  than the State's Attorney acting in his or her official

21  capacity as guardian ad litem to represent a child sought

22  to be adopted. The guardian ad litem shall have power to

23  consent to the adoption of the child, if consent is

24  required.

25  (b) The court shall appoint a guardian ad litem for

26  all named minors or defendants who are persons under legal
    HB0862 Enrolled       - 304 - LRB104 04759 SPS 14786 b

1   disability, if any. In the case of a related adoption

2   where the child sought to be adopted is not a youth in

3   care, the court shall have the discretion to waive the

4   appointment of a guardian ad litem.

5   (c) The court lacks jurisdiction to proceed on the

6   petition for standby adoption if the child has a living

7   parent, adoptive parent, or adjudicated parent whose

8   rights have not been terminated and whose whereabouts are

9   known, unless the parent consents to the standby adoption

10  or, after receiving notice of the hearing on the standby

11  adoption petition, fails to object to the appointment of a

12  standby adoptive parent at the hearing on the petition.

13  (d) The court shall investigate as needed for the

14  welfare of the child and shall determine whether the

15  petitioner or petitioners shall be permitted to adopt.

16 (Source: P.A. 102-139, eff. 1-1-22.)

17  Section 10-125. The Probate Act of 1975 is amended by

18 changing Sections 11a-3.1, 11a-3.2, 11a-5, 11a-5.1, 11a-8.1,

19 11a-9, 11a-12, 11a-13, 11a-14.1, 11a-17, 12-4, 13-1, and

20 13-1.2 as follows:

21  (755 ILCS 5/11a-3.1)

22  Sec. 11a-3.1. Appointment of standby guardian.

23  (a) The guardian of a person with a disability may

24 designate in any writing, including a will, a person qualified
    HB0862 Enrolled   - 305 - LRB104 04759 SPS 14786 b

1 to act under Section 11a-5 to be appointed as standby guardian

2 of the person or estate, or both, of the person with a

3 disability. The guardian may designate in any writing,

4 including a will, a person qualified to act under Section

5 11a-5 to be appointed as successor standby guardian of the

6 person or estate of the person with a disability, or both. The

7 designation must be witnessed by 2 or more credible witnesses

8 at least 18 years of age, neither of whom is the person

9 designated as the standby guardian. The designation may be

10 proved by any competent evidence. If the designation is

11 executed and attested in the same manner as a will, it shall

12 have prima facie validity. Prior to designating a proposed

13 standby guardian, the guardian shall consult with the person

14 with a disability to determine the preference of the person

15 with a disability as to the person who will serve as standby

16 guardian. The guardian shall give due consideration to the

17 preference of the person with a disability in selecting a

18 standby guardian.

19  (b) Upon the filing of a petition for the appointment of a

20 standby guardian, the court may appoint a standby guardian of

21 the person or estate, or both, of the person with a disability

22 as the court finds to be in the best interests of the person

23 with a disability. The court shall apply the same standards

24 used in determining the suitability of a plenary or limited

25 guardian in determining the suitability of a standby guardian,

26 giving due consideration to the preference of the person with
    HB0862 Enrolled         - 306 - LRB104 04759 SPS 14786 b

1 a disability as to a standby guardian. The court may not

2 appoint the Division Office of State Guardian, pursuant to

3 Section 30 of the Guardianship and Advocacy Act, or a public

4 guardian, pursuant to Section 13-5 of this Act, as a standby

5 guardian, without the written consent of the Division of State

6 Guardian or public guardian or an authorized representative of

7 the Division of State Guardian or public guardian.

8   (c) The standby guardian shall take and file an oath or

9 affirmation that the standby guardian will faithfully

10 discharge the duties of the office of standby guardian

11 according to law, and shall file in and have approved by the

12 court a bond binding the standby guardian so to do, but shall

13 not be required to file a bond until the standby guardian

14 assumes all duties as guardian of the person with a disability

15 under Section 11a-18.2.

16  (d) The designation of a standby guardian may, but need

17 not, be in the following form:

18                   DESIGNATION OF STANDBY GUARDIAN

19  [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:

20  A standby guardian is someone who has been appointed

21  by the court as the person who will act as guardian of the

22  person with a disability when the guardian of the person

23  with a disability dies or is no longer willing or able to

24  make and carry out day-to-day care decisions concerning

25  the person with a disability. By properly completing this

26  form, a guardian is naming the person that the guardian
    HB0862 Enrolled  - 307 - LRB104 04759 SPS 14786 b

1   wants to be appointed as the standby guardian of the

2   person with a disability. Signing the form does not

3   appoint the standby guardian; to be appointed, a petition

4   must be filed in and approved by the court.]

5   1. Guardian and Ward. I, (insert name of designating

6   guardian), currently residing at (insert address of

7   designating guardian), am the guardian of the following

8   person with a disability: (insert name of ward).

9   2. Standby Guardian. I hereby designate the following

10  person to be appointed as standby guardian for my ward

11  listed above: (insert name and address of person

12  designated).

13  3. Successor Standby Guardian. If the person named in

14  item 2 above cannot or will not act as standby guardian, I

15  designate the following person to be appointed as

16  successor standby guardian for my ward: (insert name and

17  address of person designated).

18  4. Date and Signature. This designation is made this

19  (insert day) day of (insert month and year).

20  Signed: (designating guardian)

21  5. Witnesses. I saw the guardian sign this designation

22  or the guardian told me that the guardian signed this

23  designation. Then I signed the designation as a witness in

24  the presence of the guardian. I am not designated in this

25  instrument to act as a standby guardian for the guardian's

26  ward. (insert space for names, addresses, and signatures
   HB0862 Enrolled       - 308 - LRB104 04759 SPS 14786 b

1  of 2 witnesses)

2                        [END OF FORM]

3 (Source: P.A. 102-72, eff. 1-1-22.)

4  (755 ILCS 5/11a-3.2)

5  Sec. 11a-3.2. Short-term guardian.

6  (a) The guardian of a person with a disability may appoint

7 in writing, without court approval, a short-term guardian of

8 the person with a disability to take over the guardian's

9 duties, to the extent provided in Section 11a-18.3, each time

10 the guardian is unavailable or unable to carry out those

11 duties. The guardian shall consult with the person with a

12 disability to determine the preference of the person with a

13 disability concerning the person to be appointed as short-term

14 guardian and the guardian shall give due consideration to the

15 preference of the person with a disability in choosing a

16 short-term guardian. The written instrument appointing a

17 short-term guardian shall be dated and shall identify the

18 appointing guardian, the person with a disability, the person

19 appointed to be the short-term guardian, and the termination

20 date of the appointment. The written instrument shall be

21 signed by, or at the direction of, the appointing guardian in

22 the presence of at least 2 credible witnesses at least 18 years

23 of age, neither of whom is the person appointed as the

24 short-term guardian. The person appointed as the short-term

25 guardian shall also sign the written instrument, but need not
    HB0862 Enrolled  - 309 - LRB104 04759 SPS 14786 b

1 sign at the same time as the appointing guardian. A guardian

2 may not appoint the Division Office of State Guardian or a

3 public guardian as a short-term guardian, without the written

4 consent of the Division of State Guardian or public guardian

5 or an authorized representative of the State Guardian or

6 public guardian.

7   (b) The appointment of the short-term guardian is

8 effective immediately upon the date the written instrument is

9 executed, unless the written instrument provides for the

10 appointment to become effective upon a later specified date or

11 event. A short-term guardian appointed by the guardian shall

12 have authority to act as guardian of the person with a

13 disability for a cumulative total of 60 days during any

14 12-month period. Only one written instrument appointing a

15 short-term guardian may be in force at any given time.

16  (c) Every appointment of a short-term guardian may be

17 amended or revoked by the appointing guardian at any time and

18 in any manner communicated to the short-term guardian or to

19 any other person. Any person other than the short-term

20 guardian to whom a revocation or amendment is communicated or

21 delivered shall make all reasonable efforts to inform the

22 short-term guardian of that fact as promptly as possible.

23  (d) The appointment of a short-term guardian or successor

24 short-term guardian does not affect the rights in the person

25 with a disability of any guardian other than the appointing

26 guardian.
    HB0862 Enrolled  - 310 - LRB104 04759 SPS 14786 b

1   (e) The written instrument appointing a short-term

2 guardian may, but need not, be in the following form:

3   APPOINTMENT OF SHORT-TERM GUARDIAN

4   [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:

5   By properly completing this form, a guardian is

6   appointing a short-term guardian of the person with a

7   disability for a cumulative total of up to 60 days during

8   any 12-month period. A separate form shall be completed

9   each time a short-term guardian takes over guardianship

10  duties. The person or persons appointed as the short-term

11  guardian shall sign the form, but need not do so at the

12  same time as the guardian.]

13  1. Guardian and Ward. I, (insert name of appointing

14  guardian), currently residing at (insert address of

15  appointing guardian), am the guardian of the following

16  person with a disability: (insert name of ward).

17  2. Short-term Guardian. I hereby appoint the following

18  person as the short-term guardian for my ward: (insert

19  name and address of appointed person).

20  3. Effective date. This appointment becomes effective:

21  (check one if you wish it to be applicable)

22  ( ) On the date that I state in writing that I am no

23  longer either willing or able to make and carry out

24  day-to-day care decisions concerning my ward.

25  ( ) On the date that a physician familiar with my
    HB0862 Enrolled      - 311 - LRB104 04759 SPS 14786 b

1   condition certifies in writing that I am no longer willing

2   or able to make and carry out day-to-day care decisions

3   concerning my ward.

4   ( ) On the date that I am admitted as an in-patient to

5   a hospital or other health care institution.

6   ( ) On the following date: (insert date).

7   ( ) Other: (insert other).

8   [NOTE: If this item is not completed, the appointment

9   is effective immediately upon the date the form is signed

10  and dated below.]

11  4. Termination. This appointment shall terminate on:

12  (enter a date corresponding to 60 days from the current

13  date, less the number of days within the past 12 months

14  that any short-term guardian has taken over guardianship

15  duties), unless it terminates sooner as determined by the

16  event or date I have indicated below: (check one if you

17  wish it to be applicable)

18  ( ) On the date that I state in writing that I am

19  willing and able to make and carry out day-to-day care

20  decisions concerning my ward.

21  ( ) On the date that a physician familiar with my

22  condition certifies in writing that I am willing and able

23  to make and carry out day-to-day care decisions concerning

24  my ward.

25  ( ) On the date that I am discharged from the hospital

26  or other health care institution where I was admitted as
    HB0862 Enrolled  - 312 - LRB104 04759 SPS 14786 b

1   an in-patient, which established the effective date.

2   ( ) On the date which is (state a number of days) days

3   after the effective date.

4   ( ) Other: (insert other).

5   [NOTE: If this item is not completed, the appointment

6   will be effective until the 60th day within the past year

7   during which time any short-term guardian of this ward had

8   taken over guardianship duties from the guardian,

9   beginning on the effective date.]

10  5. Date and signature of appointing guardian. This

11  appointment is made this (insert day) day of (insert month

12  and year).

13  Signed: (appointing guardian)

14  6. Witnesses. I saw the guardian sign this instrument

15  or I saw the guardian direct someone to sign this

16  instrument for the guardian. Then I signed this instrument

17  as a witness in the presence of the guardian. I am not

18  appointed in this instrument to act as the short-term

19  guardian for the guardian's ward. (insert space for names,

20  addresses, and signatures of 2 witnesses)

21  7. Acceptance of short-term guardian. I accept this

22  appointment as short-term guardian on this (insert day)

23  day of (insert month and year).

24  Signed: (short-term guardian)

25                   [END OF FORM]

26  (f) Each time the guardian appoints a short-term guardian,
    HB0862 Enrolled           - 313 - LRB104 04759 SPS 14786 b

1 the guardian shall: (i) provide the person with a disability
2 with the name, address, and telephone number of the short-term
3 guardian; (ii) advise the person with a disability that he has
4 the right to object to the appointment of the short-term
5 guardian by filing a petition in court; and (iii) notify the
6 person with a disability when the short-term guardian will be
7 taking over guardianship duties and the length of time that
8 the short-term guardian will be acting as guardian.
9 (Source: P.A. 102-72, eff. 1-1-22.)

10  (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)

11  Sec. 11a-5. Who may act as guardian.

12  (a) A person is qualified to act as guardian of the person

13 and as guardian of the estate of a person with a disability if

14 the court finds that the proposed guardian is capable of

15 providing an active and suitable program of guardianship for

16 the person with a disability and that the proposed guardian:

17  (1) has attained the age of 18 years;

18  (2) is a resident of the United States;

19  (3) is not of unsound mind;

20  (4) is not an adjudged person with a disability as

21  defined in this Act; and

22  (5) has not been convicted of a felony, unless the

23  court finds appointment of the person convicted of a

24  felony to be in the best interests of the person with a

25  disability, and as part of the best interests
    HB0862 Enrolled  - 314 - LRB104 04759 SPS 14786 b

1   determination, the court has considered the nature of the

2   offense, the date of offense, and the evidence of the

3   proposed guardian's rehabilitation. No person shall be

4   appointed who has been convicted of a felony involving

5   harm or threat to a minor or an elderly person or a person

6   with a disability, including a felony sexual offense.

7   (b) Any public agency, or not-for-profit corporation found

8 capable by the court of providing an active and suitable

9 program of guardianship for the person with a disability,

10 taking into consideration the nature of such person's

11 disability and the nature of such organization's services, may

12 be appointed guardian of the person or of the estate, or both,

13 of the person with a disability. The court shall not appoint as

14 guardian an agency or employee of an agency that is directly

15 providing residential services to the ward. One person or

16 agency may be appointed guardian of the person and another

17 person or agency appointed guardian of the estate.

18  (b-5)(1) The court may appoint separate individuals or

19 entities to act as the guardian of the person and the guardian

20 of the estate of a person with a disability if the court finds

21 it is in the best interests of the person with a disability

22 that separate guardians be appointed. The court shall not

23 appoint a separate person or entity to act as guardian of the

24 person or guardian of the estate with a public guardian or the

25 Division Office of State Guardian unless the public guardian

26 or the Division Office of State Guardian agrees to such an
    HB0862 Enrolled       - 315 - LRB104 04759 SPS 14786 b

1 appointment.

2   (2) The court may appoint co-guardians to act as guardian

3 of the person, guardian of the estate, or both the guardian of

4 the person and the guardian of the estate if the court finds it

5 is in the best interests of the person with a disability. When

6 considering appointing co-guardians, the court shall consider

7 the proposed co-guardians' history of cooperating and working

8 together on behalf of the person with a disability. The court

9 shall appoint only co-guardians who agree to serve together.

10 The court shall not appoint a public guardian or the Division

11 Office of State Guardian as a co-guardian for a person with a

12 disability.

13  (c) Any corporation qualified to accept and execute trusts

14 in this State may be appointed guardian or limited guardian of

15 the estate of a person with a disability.

16 (Source: P.A. 102-72, eff. 1-1-22.)

17  (755 ILCS 5/11a-5.1)

18  Sec. 11a-5.1. Multiple guardianships. The court may not

19 appoint an individual the guardian of the person or estate of

20 an adult with disabilities before the individual has disclosed

21 to the court the number of adults with disabilities over which

22 the individual is currently appointed as guardian. If the

23 court determines that an individual is appointed guardian over

24 more than 5 adults with disabilities, then the court shall

25 issue an order directing the circuit court clerk to notify the
    HB0862 Enrolled       - 316 - LRB104 04759 SPS 14786 b

 1 Department of Disability Advocacy and Guardianship and
 2 Advocacy Commission, in a form and manner prescribed by the
 3 Department of Disability Advocacy and Guardianship and
 4 Advocacy Commission. The clerk shall notify the Department of
 5 Disability Advocacy and Guardianship and Advocacy Commission
 6 no later than 7 days after the entry of the order. The
 7 Department of Disability Advocacy and Guardianship and
 8 Advocacy Commission shall maintain a list of all notifications
 9 it receives under this Section for reference by other agencies
10 or units of government or the public. This Section does not
11 apply to the Division Office of the State Guardian or a public
12 guardian.
13 (Source: P.A. 100-659, eff. 1-1-19.)

14  (755 ILCS 5/11a-8.1)

15  Sec. 11a-8.1. Petition for standby guardian of the person

16 with a disability. The petition for appointment of a standby

17 guardian of the person or the estate, or both, of a person with

18 a disability must state, if known: (a) the name, date of birth,

19 and residence of the person with a disability; (b) the names

20 and post office addresses of the nearest relatives of the

21 person with a disability in the following order: (1) the

22 spouse and adult children, parents and adult brothers and

23 sisters, if any; if none, (2) nearest adult kindred known to

24 the petitioner; (c) the name and post office address of the

25 person having guardianship of the person with a disability,
    HB0862 Enrolled  - 317 - LRB104 04759 SPS 14786 b

 1 and of any person or persons acting as agents of the person
 2 with a disability under the Illinois Power of Attorney Act;
 3 (d) the name, post office address, and, in case of any
 4 individual, the age and occupation of the proposed standby
 5 guardian; (e) the preference of the person with a disability
 6 as to the choice of standby guardian; (f) the facts concerning
 7 the consent of the guardian of the person with a disability to
 8 the appointment of the standby guardian, or the willingness
 9 and ability of the guardian of the person with a disability to
10 make and carry out day-to-day care decisions concerning the
11 person with a disability; (g) the facts concerning the
12 execution or admission to probate of the written designation
13 of the standby guardian, if any, a copy of which shall be
14 attached to or filed with the petition; (h) the facts
15 concerning any guardianship court actions pending concerning
16 the person with a disability; and (i) the facts concerning the
17 willingness of the proposed standby guardian to serve, and in
18 the case of the Division Office of State Guardian and any
19 public guardian, evidence of a written acceptance to serve
20 signed by the Division of State Guardian or public guardian or
21 an authorized representative of the Division of State Guardian
22 or public guardian, consistent with subsection (b) of Section
23 11a-3.1.
24 (Source: P.A. 99-143, eff. 7-27-15.)

25  (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
   HB0862 Enrolled      - 318 - LRB104 04759 SPS 14786 b

1  Sec. 11a-9. Report.

2  (a) The petition for adjudication of disability and for

3 appointment of a guardian should be accompanied by a report

4 which contains (1) a description of the nature and type of the

5 respondent's disability and an assessment of how the

6 disability impacts on the ability of the respondent to make

7 decisions or to function independently; (2) an analysis and

8 results of evaluations of the respondent's mental and physical

9 condition and, where appropriate, educational condition,

10 adaptive behavior and social skills, which have been performed

11 within 3 months of the date of the filing of the petition, or,

12 in the case of an intellectual disability, a psychological

13 evaluation of the respondent that has been performed by a

14 clinical psychologist licensed under the Clinical Psychologist

15 Licensing Act, within one year of the date of the filing of the

16 petition; (3) an opinion as to whether guardianship is needed,

17 the type and scope of the guardianship needed, and the reasons

18 therefor; (4) a recommendation as to the most suitable living

19 arrangement and, where appropriate, treatment or habilitation

20 plan for the respondent and the reasons therefor; (5) the

21 name, business address, business telephone number, and

22 signatures of all persons who performed the evaluations upon

23 which the report is based, one of whom shall be a licensed

24 physician, or may, in the case of an intellectual disability,

25 be a clinical psychologist licensed under the Clinical

26 Psychologist Licensing Act, and a statement of the
    HB0862 Enrolled  - 319 - LRB104 04759 SPS 14786 b

1 certification, license, or other credentials that qualify the

2 evaluators who prepared the report.

3   (b) If for any reason no report accompanies the petition,

4 the court shall order appropriate evaluations to be performed

5 by a qualified person or persons and a report prepared and

6 filed with the court at least 10 days prior to the hearing.

7   (b-5) Upon oral or written motion by the respondent or the

8 guardian ad litem or upon the court's own motion, the court

9 shall appoint one or more independent experts to examine the

10 respondent. Upon the filing with the court of a verified

11 statement of services rendered by the expert or experts, the

12 court shall determine a reasonable fee for the services

13 performed. If the respondent is unable to pay the fee, the

14 court may enter an order upon the petitioner to pay the entire

15 fee or such amount as the respondent is unable to pay. However,

16 in cases where the Division Office of State Guardian is the

17 petitioner, consistent with Section 30 of the Guardianship and

18 Advocacy Act, no expert services fees shall be assessed

19 against the Division Office of the State Guardian.

20  (c) Unless the court otherwise directs, any report

21 prepared pursuant to this Section shall not be made part of the

22 public record of the proceedings but shall be available to the

23 court or an appellate court in which the proceedings are

24 subject to review, to the respondent, the petitioner, the

25 guardian, and their attorneys, to the respondent's guardian ad

26 litem, and to such other persons as the court may direct.
    HB0862 Enrolled            - 320 - LRB104 04759 SPS 14786 b

1   Accessibility to a report prepared pursuant to this

2 Section shall be in accordance with Section 5 of the Court

3 Record and Document Accessibility Act.

4 (Source: P.A. 102-109, eff. 1-1-22; 103-166, eff. 1-1-24.)

5   (755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)

6   Sec. 11a-12. Order of appointment.

7   (a) If basis for the appointment of a guardian as

8 specified in Section 11a-3 is not found, the court shall

9 dismiss the petition.

10  (b) If the respondent is adjudged to be a person with a

11 disability and to lack some but not all of the capacity as

12 specified in Section 11a-3, and if the court finds that

13 guardianship is necessary for the protection of the person

14 with a disability, his or her estate, or both, the court shall

15 appoint a limited guardian for the respondent's person or

16 estate or both. The court shall enter a written order stating

17 the factual basis for its findings and specifying the duties

18 and powers of the guardian and the legal disabilities to which

19 the respondent is subject.

20  (c) If the respondent is adjudged to be a person with a

21 disability and to be totally without capacity as specified in

22 Section 11a-3, and if the court finds that limited

23 guardianship will not provide sufficient protection for the

24 person with a disability, his or her estate, or both, the court

25 shall appoint a plenary guardian for the respondent's person
    HB0862 Enrolled   - 321 - LRB104 04759 SPS 14786 b

1 or estate or both. The court shall enter a written order

2 stating the factual basis for its findings.

3   (d) The selection of the guardian shall be in the

4 discretion of the court, which shall give due consideration to

5 the preference of the person with a disability as to a

6 guardian, as well as the qualifications of the proposed

7 guardian, in making its appointment. However, the paramount

8 concern in the selection of the guardian is the best interests

9 and well-being of the person with a disability.

10  One person or agency may be appointed a limited or plenary

11 guardian of the person and another person or corporate trustee

12 appointed as a limited or plenary guardian of the estate. If

13 different persons are appointed, the court shall consider the

14 factors set forth in subsection (b-5) of Section 11a-5. The

15 court shall enter a written order stating the factual basis

16 for its findings.

17  (e) The order of appointment of a guardian shall include

18 the requirement that the guardian complete the training

19 program as provided in Section 33.5 of the Guardianship and

20 Advocacy Act that outlines the responsibilities of the

21 guardian of the person and the rights of the person under

22 guardianship and file with the court a certificate of

23 completion within one year from the date of issuance of the

24 letters of guardianship, except that: (1) the chief judge of

25 any circuit may order implementation of another training

26 program by a suitable provider containing substantially
    HB0862 Enrolled  - 322 - LRB104 04759 SPS 14786 b

 1 similar content; (2) employees of the Division Office of the
 2 State Guardian, public guardians, attorneys currently
 3 authorized to practice law, corporate fiduciaries, and persons
 4 certified by the Center for Guardianship Certification are
 5 exempt from this training requirement; and (3) the court may,
 6 for good cause shown, exempt from this requirement an
 7 individual not otherwise listed in item (2). For the purposes
 8 of this subsection (e), good cause may be proven by affidavit.
 9 If the court finds good cause to exempt an individual from the
10 training requirement, the order of appointment shall so state.
11 (Source: P.A. 104-237, eff. 1-1-26.)

12  (755 ILCS 5/11a-13) (from Ch. 110 1/2, par. 11a-13)

13  Sec. 11a-13. Costs in certain cases.)

14  (a) No costs may be taxed or charged by any public officer

15 in any proceeding for the appointment of a guardian or for any

16 subsequent proceeding or report made in pursuance of the

17 appointment when the primary purpose of the appointment is as

18 set forth in Section 11-11 or is the management of the estate

19 of a person with a mental disability who resides in a state

20 mental health or developmental disabilities facility when the

21 value of the personal estate does not exceed $1,000.

22  (b) No costs shall be taxed or charged against the

23 Division Office of the State Guardian by any public officer in

24 any proceeding for the appointment of a guardian or for any

25 subsequent proceeding or report made in pursuance of the
   HB0862 Enrolled  - 323 - LRB104 04759 SPS 14786 b

1 appointment.
2 (Source: P.A. 99-143, eff. 7-27-15.)

3  (755 ILCS 5/11a-14.1) (from Ch. 110 1/2, par. 11a-14.1)

4  Sec. 11a-14.1. Residential placement.) No guardian

5 appointed under this Article, except for duly appointed Public

6 Guardians and the Division Office of State Guardian, shall

7 have the power, unless specified by court order, to place his

8 ward in a residential facility. The guardianship order may

9 specify the conditions on which the guardian may admit the

10 ward to a residential facility without further court order. In

11 making residential placement decisions, the guardian shall

12 make decisions in conformity with the preferences of the ward

13 unless the guardian is reasonably certain that the decisions

14 will result in substantial harm to the ward or to the ward's

15 estate. When the preferences of the ward cannot be ascertained

16 or where they will result in substantial harm to the ward or to

17 the ward's estate, the guardian shall make decisions with

18 respect to the ward's placement which are in the best

19 interests of the ward. The guardian shall not remove the ward

20 from his or her home or separate the ward from family and

21 friends unless such removal is necessary to prevent

22 substantial harm to the ward or to the ward's estate. The

23 guardian shall have a duty to investigate the availability of

24 reasonable residential alternatives. The guardian shall

25 monitor the placement of the ward on an on-going basis to
   HB0862 Enrolled  - 324 - LRB104 04759 SPS 14786 b

1 ensure its continued appropriateness, and shall pursue
2 appropriate alternatives as needed.
3 (Source: P.A. 90-250, eff. 7-29-97.)

4  (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)

5  Sec. 11a-17. Duties of personal guardian.

6  (a) To the extent ordered by the court and under the

7 direction of the court, the guardian of the person shall have

8 custody of the ward and the ward's minor and adult dependent

9 children and shall procure for them and shall make provision

10 for their support, care, comfort, health, education and

11 maintenance, and professional services as are appropriate, but

12 the ward's spouse may not be deprived of the custody and

13 education of the ward's minor and adult dependent children,

14 without the consent of the spouse, unless the court finds that

15 the spouse is not a fit and competent person to have that

16 custody and education. The guardian shall assist the ward in

17 the development of maximum self-reliance and independence. The

18 guardian of the person may petition the court for an order

19 directing the guardian of the estate to pay an amount

20 periodically for the provision of the services specified by

21 the court order. If the ward's estate is insufficient to

22 provide for education and the guardian of the ward's person

23 fails to provide education, the court may award the custody of

24 the ward to some other person for the purpose of providing

25 education. If a person makes a settlement upon or provision
    HB0862 Enrolled   - 325 - LRB104 04759 SPS 14786 b

1 for the support or education of a ward, the court may make an

2 order for the visitation of the ward by the person making the

3 settlement or provision as the court deems proper. A guardian

4 of the person may not admit a ward to a mental health facility

5 except at the ward's request as provided in Article IV of the

6 Mental Health and Developmental Disabilities Code and unless

7 the ward has the capacity to consent to such admission as

8 provided in Article IV of the Mental Health and Developmental

9 Disabilities Code.

10  (a-3) If a guardian of an estate has not been appointed,

11 the guardian of the person may, without an order of court,

12 open, maintain, and transfer funds to an ABLE account on

13 behalf of the ward and the ward's minor and adult dependent

14 children as specified under Section 16.6 of the State

15 Treasurer Act.

16  (a-5) If the ward filed a petition for dissolution of

17 marriage under the Illinois Marriage and Dissolution of

18 Marriage Act before the ward was adjudicated a person with a

19 disability under this Article, the guardian of the ward's

20 person and estate may maintain that action for dissolution of

21 marriage on behalf of the ward. Upon petition by the guardian

22 of the ward's person or estate, the court may authorize and

23 direct a guardian of the ward's person or estate to file a

24 petition for dissolution of marriage or to file a petition for

25 legal separation or declaration of invalidity of marriage

26 under the Illinois Marriage and Dissolution of Marriage Act on
    HB0862 Enrolled  - 326 - LRB104 04759 SPS 14786 b

1 behalf of the ward if the court finds by clear and convincing

2 evidence that the relief sought is in the ward's best

3 interests. In making its determination, the court shall

4 consider the standards set forth in subsection (e) of this

5 Section.

6   (a-10) Upon petition by the guardian of the ward's person

7 or estate, the court may authorize and direct a guardian of the

8 ward's person or estate to consent, on behalf of the ward, to

9 the ward's marriage pursuant to Part II of the Illinois

10 Marriage and Dissolution of Marriage Act if the court finds by

11 clear and convincing evidence that the marriage is in the

12 ward's best interests. In making its determination, the court

13 shall consider the standards set forth in subsection (e) of

14 this Section. Upon presentation of a court order authorizing

15 and directing a guardian of the ward's person and estate to

16 consent to the ward's marriage, the county clerk shall accept

17 the guardian's application, appearance, and signature on

18 behalf of the ward for purposes of issuing a license to marry

19 under Section 203 of the Illinois Marriage and Dissolution of

20 Marriage Act.

21  (b) If the court directs, the guardian of the person shall

22 file with the court at intervals indicated by the court, a

23 report that shall state briefly: (1) the current mental,

24 physical, and social condition of the ward and the ward's

25 minor and adult dependent children; (2) their present living

26 arrangement, and a description and the address of every
    HB0862 Enrolled         - 327 - LRB104 04759 SPS 14786 b

1 residence where they lived during the reporting period and the

2 length of stay at each place; (3) a summary of the medical,

3 educational, vocational, and other professional services given

4 to them; (4) a resume of the guardian's visits with and

5 activities on behalf of the ward and the ward's minor and adult

6 dependent children; (5) a recommendation as to the need for

7 continued guardianship; (6) any other information requested by

8 the court or useful in the opinion of the guardian. The

9 Division Office of the State Guardian shall assist the

10 guardian in filing the report when requested by the guardian.

11 The court may take such action as it deems appropriate

12 pursuant to the report.

13  (c) Absent court order pursuant to the Illinois Power of

14 Attorney Act directing a guardian to exercise powers of the

15 principal under an agency that survives disability, the

16 guardian has no power, duty, or liability with respect to any

17 personal or health care matters covered by the agency. This

18 subsection (c) applies to all agencies, whenever and wherever

19 executed.

20  (d) A guardian acting as a surrogate decision maker under

21 the Health Care Surrogate Act shall have all the rights of a

22 surrogate under that Act without court order including the

23 right to make medical treatment decisions such as decisions to

24 forgo or withdraw life-sustaining treatment. Any decisions by

25 the guardian to forgo or withdraw life-sustaining treatment

26 that are not authorized under the Health Care Surrogate Act
    HB0862 Enrolled  - 328 - LRB104 04759 SPS 14786 b

1 shall require a court order. Nothing in this Section shall

2 prevent an agent acting under a power of attorney for health

3 care from exercising his or her authority under the Illinois

4 Power of Attorney Act without further court order, unless a

5 court has acted under Section 2-10 of the Illinois Power of

6 Attorney Act. If a guardian is also a health care agent for the

7 ward under a valid power of attorney for health care, the

8 guardian acting as agent may execute his or her authority

9 under that act without further court order.

10  (e) Decisions made by a guardian on behalf of a ward shall

11 be made in accordance with the following standards for

12 decision making. The guardian shall consider the ward's

13 current preferences to the extent the ward has the ability to

14 participate in decision making when those preferences are

15 known or reasonably ascertainable by the guardian. Decisions

16 by the guardian shall conform to the ward's current

17 preferences: (1) unless the guardian reasonably believes that

18 doing so would result in substantial harm to the ward's

19 welfare or personal or financial interests; and (2) so long as

20 such decisions give substantial weight to what the ward, if

21 competent, would have done or intended under the

22 circumstances, taking into account evidence that includes, but

23 is not limited to, the ward's personal, philosophical,

24 religious and moral beliefs, and ethical values relative to

25 the decision to be made by the guardian. Where possible, the

26 guardian shall determine how the ward would have made a
    HB0862 Enrolled  - 329 - LRB104 04759 SPS 14786 b

1 decision based on the ward's previously expressed preferences,

2 and make decisions in accordance with the preferences of the

3 ward. If the ward's wishes are unknown and remain unknown

4 after reasonable efforts to discern them, or if the guardian

5 reasonably believes that a decision made in conformity with

6 the ward's preferences would result in substantial harm to the

7 ward's welfare or personal or financial interests, the

8 decision shall be made on the basis of the ward's best

9 interests as determined by the guardian. In determining the

10 ward's best interests, the guardian shall weigh the reason for

11 and nature of the proposed action, the benefit or necessity of

12 the action, the possible risks and other consequences of the

13 proposed action, and any available alternatives and their

14 risks, consequences and benefits, and shall take into account

15 any other information, including the views of family and

16 friends, that the guardian believes the ward would have

17 considered if able to act for herself or himself.

18  (f) Upon petition by any interested person (including the

19 standby or short-term guardian), with such notice to

20 interested persons as the court directs and a finding by the

21 court that it is in the best interests of the person with a

22 disability, the court may terminate or limit the authority of

23 a standby or short-term guardian or may enter such other

24 orders as the court deems necessary to provide for the best

25 interests of the person with a disability. The petition for

26 termination or limitation of the authority of a standby or
    HB0862 Enrolled           - 330 - LRB104 04759 SPS 14786 b

1 short-term guardian may, but need not, be combined with a

2 petition to have another guardian appointed for the person

3 with a disability.

4   (g)(1) Unless there is a court order to the contrary, the

5 guardian, consistent with the standards set forth in

6 subsection (e) of this Section, shall use reasonable efforts

7 to notify the ward's known adult children, who have requested

8 notification and provided contact information, of the ward's

9 admission to a hospital, hospice, or palliative care program,

10 the ward's death, and the arrangements for the disposition of

11 the ward's remains.

12  (2) If a guardian unreasonably prevents an adult child,

13 spouse, adult grandchild, parent, or adult sibling of the ward

14 from visiting the ward, the court, upon a verified petition,

15 may order the guardian to permit visitation between the ward

16 and the adult child, spouse, adult grandchild, parent, or

17 adult sibling. In making its determination, the court shall

18 consider the standards set forth in subsection (e) of this

19 Section. The court shall not allow visitation if the court

20 finds that the ward has capacity to evaluate and communicate

21 decisions regarding visitation and expresses a desire not to

22 have visitation with the petitioner. This subsection (g) does

23 not apply to duly appointed public guardians or the Division

24 Office of State Guardian.

25 (Source: P.A. 101-329, eff. 8-9-19; 102-72, eff. 1-1-22;

26 102-258, eff. 8-6-21; 102-813, eff. 5-13-22.)
    HB0862 Enrolled  - 331 - LRB104 04759 SPS 14786 b

1   (755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4)

2   Sec. 12-4. When security excused or specified.)

3   (a) Except as provided in paragraph (c) of Section 6-13

4 with respect to a nonresident executor, no security is

5 required of a person who is excused by the will from giving

6 bond or security and no greater security than is specified by

7 the will is required, unless in either case the court, from its

8 own knowledge or the suggestion of any interested person, has

9 cause to suspect the representative of fraud or incompetence

10 or believes that the estate of the decedent will not be

11 sufficient to discharge all the claims against the estate, or

12 in the case of a testamentary guardian of the estate, that the

13 rights of the ward will be prejudiced by failure to give

14 security.

15  (b) If a person designates a guardian of his person or

16 estate or both to be appointed in the event he is adjudged a

17 person with a disability as provided in Section 11a-6 and

18 excuses the guardian from giving bond or security, or if the

19 guardian is the Division Office of State Guardian, the

20 guardian's bond in the amount from time to time required under

21 this Article shall be in full force and effect without

22 writing, unless the court requires the filing of a written

23 bond.

24  (c) The Division Office of State Guardian shall not be

25 required to have sureties or surety companies as security on
    HB0862 Enrolled     - 332 - LRB104 04759 SPS 14786 b

1 its bonds. The oath and bond of the representative without
2 surety shall be sufficient.
3 (Source: P.A. 99-143, eff. 7-27-15.)

4   (755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)

5   Sec. 13-1. Appointment and term of public administrator

6 and public guardian.

7   (a) Except as provided in Section 13-1.1, before the first

8 Monday of December, 1977 and every 4 years thereafter, and as

9 often as vacancies occur, the Governor, by and with the advice

10 and consent of the Senate, shall appoint in each county a

11 suitable person to serve as public administrator and a

12 suitable person to serve as public guardian of the county. The

13 Governor may designate, without the advice and consent of the

14 Senate, the Division Office of State Guardian as an interim

15 public guardian to fill a vacancy in one or more counties

16 having a population of 500,000 or less if the designation:

17  (1) is specifically designated as an interim

18  appointment for a term of the lesser of one year or until

19  the Governor appoints, with the advice and consent of the

20  Senate, a county public guardian to fill the vacancy;

21  (2) requires the Division Office of State Guardian to

22  affirm its availability to act in the county; and

23  (3) expires in a pending case of a person with a

24  disability in the county at such a time as the court

25  appoints a qualified successor guardian of the estate and
    HB0862 Enrolled          - 333 - LRB104 04759 SPS 14786 b

1   person for the person with a disability.

2   When appointed as an interim public guardian, the Division

3 of State Guardian will perform the powers and duties assigned

4 to it under the Guardianship and Advocacy Act.

5   The Governor may appoint the same person to serve as

6 public guardian and public administrator in one or more

7 counties. In considering the number of counties of service for

8 any prospective public guardian or public administrator the

9 Governor may consider the population of the county and the

10 ability of the prospective public guardian or public

11 administrator to travel to multiple counties and manage

12 estates in multiple counties. Each person so appointed holds

13 his office for 4 years from the first Monday of December, 1977

14 and every 4 years thereafter or until his successor is

15 appointed and qualified.

16  (b) Within 14 days of notification to the current public

17 guardian of the appointment by the Governor of a new public

18 guardian pursuant to this Section, the outgoing public

19 guardian shall provide the incoming successor public guardian

20 with a list of current guardianships. Within 60 days of

21 receipt of the list of guardianships, the incoming public

22 guardian may petition the court for a transfer of a

23 guardianship to the incoming public guardian. The transfer of

24 a guardianship of the person, estate, or both shall be made if

25 it is in the best interests of the ward as determined by the

26 court on a case-by-case basis.
    HB0862 Enrolled           - 334 - LRB104 04759 SPS 14786 b

1   Factors for the court to consider include, but are not

2 limited to, the following:

3   (1) the ward's preference as to the transfer of the

4   guardianship;

5   (2) the recommendation of the guardian ad litem, the

6   ward's family members, and other interested parties;

7   (3) the length of time in which the outgoing public

8   guardian has served as guardian for the ward;

9   (4) the ward's relationship with the outgoing public

10  guardian's office;

11  (5) the nature and extent of the ward's disabilities;

12  (6) the ward's current residential placement, his or

13  her current support network, and ongoing needs;

14  (7) the costs involved in the transfer of the ward's

15  estate;

16  (8) the status of pending legal matters or other

17  matters germane to the ward's care or the management of

18  the ward's estate;

19  (9) the obligation to post bond and the cost thereof;

20  (10) the guardians' status with regard to

21  certification by the Center for Guardianship

22  Certification; and

23  (11) other good causes.

24  If the court approves a transfer to the incoming public

25 guardian, the outgoing public guardian shall file a final

26 account of his or her activities on behalf of the ward within
    HB0862 Enrolled      - 335 - LRB104 04759 SPS 14786 b

1 30 days or within such other time that the court may allow. The
2 outgoing public guardian may file a petition for final fees
3 pursuant to subsection (b) of Section 13-3.1.
4 (Source: P.A. 102-72, eff. 1-1-22.)

5   (755 ILCS 5/13-1.2)

6   Sec. 13-1.2. Certification requirement. Each person

7 appointed as a public guardian by the Governor shall be

8 certified as a National Certified Guardian by the Center for

9 Guardianship Certification within 6 months after his or her

10 appointment. The Department of Disability Advocacy and

11 Guardianship and Advocacy Commission shall provide public

12 guardians with information about certification requirements

13 and procedures for testing and certification offered by the

14 Center for Guardianship Certification. The cost of

15 certification shall be considered an expense connected with

16 the operation of the public guardian's office within the

17 meaning of subsection (b) of Section 13-3.1 of this Article.

18  A public guardian shall additionally complete a one-hour

19 course regarding Alzheimer's disease and dementia within 6

20 months of appointment and annually thereafter. The training

21 program shall include, but not be limited to, the following

22 topics: effective communication strategies; best practices for

23 interacting with people with Alzheimer's disease and related

24 forms of dementia; and strategies for supporting people living

25 with Alzheimer's disease or related forms of dementia in
    HB0862 Enrolled  - 336 - LRB104 04759 SPS 14786 b

1 exercising their rights.
2 (Source: P.A. 103-64, eff. 1-1-24.)

3   Section 10-130. The Supported Decision-Making Agreement

4 Act is amended by changing Section 30 as follows:

5   (755 ILCS 9/30)

6   Sec. 30. Supporter duties.

7   (a) Except as otherwise provided by a supported

8 decision-making agreement, a supporter may:

9   (1) Assist the principal in understanding information,

10  options, responsibilities, and consequences of the life

11  decisions of the principal, including those decisions

12  related to the affairs or support services of the

13  principal.

14  (2) Help the principal access, obtain, and understand

15  any information that is relevant to any given life

16  decision, including a medical, psychological, financial,

17  or educational decision, or any treatment records or

18  records necessary to manage the affairs or support

19  services of the principal.

20  (3) Assist the principal in finding, obtaining, making

21  appointments for, and implementing the support services or

22  plans for support services of the principal.

23  (4) Help the principal monitor information about the

24  affairs or support services of the principal, including
    HB0862 Enrolled      - 337 - LRB104 04759 SPS 14786 b

1   keeping track of future necessary or recommended services.

2   (5) Ascertain the wishes and decisions of the

3   principal in order to advocate that the wishes and

4   decisions of an individual with disabilities are

5   implemented.

6   (b) A supporter shall act with the care, competence, and

7 diligence ordinarily exercised by an individual in a similar

8 circumstance, with due regard to the possession of, or lack

9 of, special skills or expertise.

10  (c) A supporter shall seek training and education

11 regarding the responsibilities and limitations of the

12 supporter role. The Department of Disability Advocacy and

13 Guardianship and Advocacy Commission shall provide public

14 information about this Act and the supporter role,

15 responsibilities, and limitations.

16  The Department of Disability Advocacy and Guardianship and

17 Advocacy Commission shall develop training and education

18 materials for both principals and supporters, including, but

19 not limited to, sample agreements that will be posted on the

20 website of the Department Commission along with public

21 awareness materials.

22 (Source: P.A. 102-614, eff. 2-27-22.)

23  Section 10-135. The Illinois Power of Attorney Act is

24 amended by changing Section 2-7 as follows:
    HB0862 Enrolled  - 338 - LRB104 04759 SPS 14786 b

1   (755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)

2   Sec. 2-7. Duty - standard of care - record-keeping -

3 exoneration.

4   (a) The agent shall be under no duty to exercise the powers

5 granted by the agency or to assume control of or

6 responsibility for any of the principal's property, care or

7 affairs, regardless of the principal's physical or mental

8 condition. Whenever a power is exercised, the agent shall act

9 in good faith for the benefit of the principal using due care,

10 competence, and diligence in accordance with the terms of the

11 agency and shall be liable for negligent exercise. An agent

12 who acts with due care for the benefit of the principal shall

13 not be liable or limited merely because the agent also

14 benefits from the act, has individual or conflicting interests

15 in relation to the property, care or affairs of the principal

16 or acts in a different manner with respect to the agency and

17 the agent's individual interests. The agent shall not be

18 affected by any amendment or termination of the agency until

19 the agent has actual knowledge thereof. The agent shall not be

20 liable for any loss due to error of judgment nor for the act or

21 default of any other person.

22  (b) An agent that has accepted appointment must act in

23 accordance with the principal's expectations to the extent

24 actually known to the agent and otherwise in the principal's

25 best interests.

26  (c) An agent shall keep a record of all receipts,
    HB0862 Enrolled            - 339 - LRB104 04759 SPS 14786 b

1 disbursements, and significant actions taken under the

2 authority of the agency and shall provide a copy of this record

3 when requested to do so by:

4   (1) the principal, a guardian, another fiduciary

5   acting on behalf of the principal, and, after the death of

6   the principal, the personal representative or successors

7   in interest of the principal's estate;

8   (2) a representative of a provider agency, as defined

9   in Section 2 of the Adult Protective Services Act, acting

10  in the course of an assessment of a complaint of elder

11  abuse or neglect under that Act;

12  (3) a representative of the Office of the State Long

13  Term Care Ombudsman, acting in the course of an

14  investigation of a complaint of financial exploitation of

15  a nursing home resident under Section 4.04 of the Illinois

16  Act on the Aging;

17  (4) a representative of the Office of Inspector

18  General for the Department of Human Services, acting in

19  the course of an assessment of a complaint of financial

20  exploitation of an adult with disabilities pursuant to

21  Section 35 of the Abuse of Adults with Disabilities

22  Intervention Act;

23  (5) a court under Section 2-10 of this Act; or

24  (6) a representative of the Division Office of State

25  Guardian or public guardian for the county in which the

26  principal resides acting in the course of investigating
    HB0862 Enrolled    - 340 - LRB104 04759 SPS 14786 b

1   whether to file a petition for guardianship of the

2   principal under Section 11a-4 or 11a-8 of the Probate Act

3   of 1975.

4   (d) If the agent fails to provide his or her record of all

5 receipts, disbursements, and significant actions within 21

6 days after a request under subsection (c), the adult abuse

7 provider agency, the Division of State Guardian, the public

8 guardian, or a representative of the Office of the State Long

9 Term Care Ombudsman may petition the court for an order

10 requiring the agent to produce his or her record of receipts,

11 disbursements, and significant actions. If the court finds

12 that the agent's failure to provide his or her record in a

13 timely manner to the adult abuse provider agency, the Division

14 of State Guardian, the public guardian, or a representative of

15 the Office of the State Long Term Care Ombudsman was without

16 good cause, the court may assess reasonable costs and

17 attorney's fees against the agent, and order such other relief

18 as is appropriate.

19  (e) An agent is not required to disclose receipts,

20 disbursements, or other significant actions conducted on

21 behalf of the principal except as otherwise provided in the

22 power of attorney or as required under subsection (c).

23  (f) An agent that violates this Act is liable to the

24 principal or the principal's successors in interest for the

25 amount required (i) to restore the value of the principal's

26 property to what it would have been had the violation not
    HB0862 Enrolled       - 341 - LRB104 04759 SPS 14786 b

1 occurred, and (ii) to reimburse the principal or the
2 principal's successors in interest for the attorney's fees and
3 costs paid on the agent's behalf. This subsection does not
4 limit any other applicable legal or equitable remedies.
5 (Source: P.A. 100-952, eff. 1-1-19.)

6                         Article 15.

7   Section 15-5. The Illinois Human Rights Act is amended by

8 changing Sections 7-101, 7A-102, 7B-102, 8-101, and 8-105 and

9 by adding Section 9-103 as follows:

10  (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)

11  Sec. 7-101. Powers and duties. In addition to other powers

12 and duties prescribed in this Act, the Department shall have

13 the following powers:

14  (A) Rules and Regulations. To adopt, promulgate, amend,

15 and rescind rules and regulations not inconsistent with the

16 provisions of this Act pursuant to the Illinois Administrative

17 Procedure Act.

18  (B) Charges. To issue, receive, investigate, conciliate,

19 settle, and dismiss charges filed in conformity with this Act.

20  (C) Compulsory Process. To issue request subpoenas as it

21 deems necessary for its investigations.

22  (D) Complaints. To file complaints with the Commission in

23 conformity with this Act and to intervene in complaints
    HB0862 Enrolled           - 342 - LRB104 04759 SPS 14786 b

1 pending before the Commission filed under Article 2, 4, 5, 5A,

2 or 6.

3   (E) Judicial Enforcement. To seek temporary relief and to

4 enforce orders of the Commission in conformity with this Act.

5   (F) Equal Employment Opportunities. To take such action as

6 may be authorized to provide for equal employment

7 opportunities and affirmative action.

8   (G) Recruitment; Research; Public Communication; Advisory

9 Councils. To engage in such recruitment, research and public

10 communication and create such advisory councils as may be

11 authorized to effectuate the purposes of this Act.

12  (H) Coordination with other Agencies. To coordinate its

13 activities with federal, state, and local agencies in

14 conformity with this Act.

15  (I) Grants; Private Gifts.

16       (1) To accept public grants and private gifts as may

17  be authorized.

18       (2) To design grant programs and award grants to

19  eligible recipients.

20  (J) Education and Training. To implement a formal and

21 unbiased program of education and training for all employees

22 assigned to investigate and conciliate charges under Articles

23 7A and 7B. The training program shall include the following:

24       (1) substantive and procedural aspects of the

25  investigation and conciliation positions;

26       (2) current issues in human rights law and practice;
    HB0862 Enrolled      - 343 - LRB104 04759 SPS 14786 b

1   (3) lectures by specialists in substantive areas

2   related to human rights matters;

3   (4) orientation to each operational unit of the

4   Department and Commission;

5   (5) observation of experienced Department

6   investigators and attorneys conducting conciliation

7   conferences, combined with the opportunity to discuss

8   evidence presented and rulings made;

9   (6) the use of hypothetical cases requiring the

10  Department investigator and conciliation conference

11  attorney to issue judgments as a means of to evaluating

12  knowledge and writing ability;

13  (7) writing skills;

14  (8) computer skills, including but not limited to word

15  processing and document management.

16  A formal, unbiased and ongoing professional development

17 program including, but not limited to, the above-noted areas

18 shall be implemented to keep Department investigators and

19 attorneys informed of recent developments and issues and to

20 assist them in maintaining and enhancing their professional

21 competence.

22  (K) Hotlines. To establish and maintain hotlines and

23 helplines to aid in effectuating the purposes of this Act

24 including the confidential reporting of discrimination,

25 harassment, and bias incidents. All communications received or

26 sent via the hotlines and helplines are exempt from disclosure
    HB0862 Enrolled    - 344 - LRB104 04759 SPS 14786 b

1 under the Freedom of Information Act.
2 (Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24;
3 103-859, eff. 1-1-25.)

4   (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)

5   Sec. 7A-102. Procedures.

6   (A) Charge.

7   (1) Within 2 years after the date that a civil rights

8   violation allegedly has been committed, a charge in

9   writing under oath or affirmation may be filed with the

10  Department by an aggrieved party or issued by the

11  Department itself under the signature of the Director.

12  (2) The charge shall be in such detail as to

13  substantially apprise any party properly concerned as to

14  the time, place, and facts surrounding the alleged civil

15  rights violation.

16  (3) Charges deemed filed with the Department pursuant

17  to subsection (A-1) of this Section shall be deemed to be

18  in compliance with this subsection.

19  (A-1) Equal Employment Opportunity Commission Charges.

20  (1) If a charge is filed with the Equal Employment

21  Opportunity Commission (EEOC) within 300 calendar days

22  after the date of the alleged civil rights violation, the

23  charge shall be deemed filed with the Department on the

24  date filed with the EEOC. If the EEOC is the governmental

25  agency designated to investigate the charge first, the
    HB0862 Enrolled  - 345 - LRB104 04759 SPS 14786 b

1   Department shall take no action until the EEOC makes a

2   determination on the charge and after the complainant

3   notifies the Department of the EEOC's determination. In

4   such cases, after receiving notice from the EEOC that a

5   charge was filed, the Department shall notify the parties

6   that (i) a charge has been received by the EEOC and has

7   been sent to the Department for dual filing purposes; (ii)

8   the EEOC is the governmental agency responsible for

9   investigating the charge and that the investigation shall

10  be conducted pursuant to the rules and procedures adopted

11  by the EEOC; (iii) it will take no action on the charge

12  until the EEOC issues its determination; (iv) the

13  complainant must submit a copy of the EEOC's determination

14  within 30 days after service of the determination by the

15  EEOC on the complainant; and (v) that the time period to

16  investigate the charge contained in subsection (G) of this

17  Section is tolled from the date on which the charge is

18  filed with the EEOC until the EEOC issues its

19  determination.

20  (2) If the EEOC finds reasonable cause to believe that

21  there has been a violation of federal law and if the

22  Department is timely notified of the EEOC's findings by

23  the complainant, the Department shall notify the

24  complainant that the Department has adopted the EEOC's

25  determination of reasonable cause and that the complainant

26  has the right, within 90 days after receipt of the
    HB0862 Enrolled  - 346 - LRB104 04759 SPS 14786 b

1   Department's notice, to either file the complainant's own

2   complaint with the Illinois Human Rights Commission or

3   commence a civil action in the appropriate circuit court

4   or other appropriate court of competent jurisdiction. This

5   notice shall be provided to the complainant within 10

6   business days after the Department's receipt of the EEOC's

7   determination. The Department's notice to the complainant

8   that the Department has adopted the EEOC's determination

9   of reasonable cause shall constitute the Department's

10  Report for purposes of subparagraph (D) of this Section.

11  (3) For those charges alleging violations within the

12  jurisdiction of both the EEOC and the Department and for

13  which the EEOC either (i) does not issue a determination,

14  but does issue the complainant a notice of a right to sue,

15  including when the right to sue is issued at the request of

16  the complainant, or (ii) determines that it is unable to

17  establish that illegal discrimination has occurred and

18  issues the complainant a right to sue notice, and if the

19  Department is timely notified of the EEOC's determination

20  by the complainant, the Department shall notify the

21  parties, within 10 business days after receipt of the

22  EEOC's determination, that the Department will adopt the

23  EEOC's determination as a dismissal for lack of

24  substantial evidence unless the complainant requests in

25  writing within 35 days after receipt of the Department's

26  notice that the Department review the EEOC's
    HB0862 Enrolled  - 347 - LRB104 04759 SPS 14786 b

1   determination.

2   (a) If the complainant does not file a written

3   request with the Department to review the EEOC's

4   determination within 35 days after receipt of the

5   Department's notice, the Department shall notify the

6   complainant, within 10 business days after the

7   expiration of the 35-day period, that the decision of

8   the EEOC has been adopted by the Department as a

9   dismissal for lack of substantial evidence and that

10  the complainant has the right, within 90 days after

11  receipt of the Department's notice, to commence a

12  civil action in the appropriate circuit court or other

13  appropriate court of competent jurisdiction. The

14  Department's notice to the complainant that the

15  Department has adopted the EEOC's determination shall

16  constitute the Department's report for purposes of

17  subparagraph (D) of this Section.

18  (b) If the complainant does file a written request

19  with the Department to review the EEOC's

20  determination, the Department shall review the EEOC's

21  determination and any evidence obtained by the EEOC

22  during its investigation. If, after reviewing the

23  EEOC's determination and any evidence obtained by the

24  EEOC, the Department determines there is no need for

25  further investigation of the charge, the Department

26  shall issue a report and the Director shall determine
    HB0862 Enrolled  - 348 - LRB104 04759 SPS 14786 b

1   whether there is substantial evidence that the alleged

2   civil rights violation has been committed pursuant to

3   subsection (D) of this Section. If, after reviewing

4   the EEOC's determination and any evidence obtained by

5   the EEOC, the Department determines there is a need

6   for further investigation of the charge, the

7   Department may conduct any further investigation it

8   deems necessary. After reviewing the EEOC's

9   determination, the evidence obtained by the EEOC, and

10  any additional investigation conducted by the

11  Department, the Department shall issue a report and

12  the Director shall determine whether there is

13  substantial evidence that the alleged civil rights

14  violation has been committed pursuant to subsection

15  (D) of this Section.

16  (4) Pursuant to this Section, if the EEOC dismisses

17  the charge or a portion of the charge of discrimination

18  because, under federal law, the EEOC lacks jurisdiction

19  over the charge, and if, under this Act, the Department

20  has jurisdiction over the charge of discrimination, the

21  Department shall investigate the charge or portion of the

22  charge dismissed by the EEOC for lack of jurisdiction

23  pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),

24  (E), (F), (G), (H), (I), (J), and (K) of this Section.

25  (5) The time limit set out in subsection (G) of this

26  Section is tolled from the date on which the charge is
   HB0862 Enrolled       - 349 - LRB104 04759 SPS 14786 b

1  filed with the EEOC to the date on which the EEOC issues

2  its determination.

3  (6) The failure of the Department to meet the

4  10-business-day notification deadlines set out in

5  paragraph (2) of this subsection shall not impair the

6  rights of any party.

7  (B) Notice and Response to Charge. The Department shall,

8 within 10 days of the date on which the charge was filed, serve

9 a copy of the charge on the respondent and provide all parties

10 with a notice of the complainant's right to opt out of the

11 investigation within 60 days as set forth in subsection (C-1).

12 This period shall not be construed to be jurisdictional. The

13 charging party and the respondent may each file a position

14 statement and other materials with the Department regarding

15 the charge of alleged discrimination within 60 days of receipt

16 of the notice of the charge. The position statements and other

17 materials filed shall remain confidential unless otherwise

18 agreed to by the party providing the information and shall not

19 be served on or made available to the other party during the

20 pendency of a charge with the Department. The Department may

21 require the respondent to file a response to the allegations

22 contained in the charge. Upon the Department's request, the

23 respondent shall file a response to the charge within 60 days

24 and shall serve a copy of its response on the complainant or

25 the complainant's representative. Notwithstanding any request

26 from the Department, the respondent may elect to file a
HB0862 Enrolled  - 350 - LRB104 04759 SPS 14786 b

 1 response to the charge within 60 days of receipt of notice of
 2 the charge, provided the respondent serves a copy of its
 3 response on the complainant or the complainant's
 4 representative. All allegations contained in the charge not
 5 denied by the respondent within 60 days of the Department's
 6 request for a response may be deemed admitted, unless the
 7 respondent states that it is without sufficient information to
 8 form a belief with respect to such allegation. The Department
 9 may issue a notice of default directed to any respondent who
10 fails to file a response to a charge within 60 days of receipt
11 of the Department's request, unless the respondent can
12 demonstrate good cause as to why such notice should not issue.
13 The term "good cause" shall be defined by rule promulgated by
14 the Department. Within 30 days of receipt of the respondent's
15 response, the complainant may file a reply to said response
16 and shall serve a copy of said reply on the respondent or the
17 respondent's representative. A party shall have the right to
18 supplement the party's response or reply at any time that the
19 investigation of the charge is pending. The Department shall,
20 within 10 days of the date on which the charge was filed, and
21 again no later than 335 days thereafter, send by certified or
22 registered mail, or electronic mail if elected by the party,
23 written notice to the complainant and to the respondent
24 informing the complainant of the complainant's rights to
25 either file a complaint with the Human Rights Commission or
26 commence a civil action in the appropriate circuit court under
    HB0862 Enrolled     - 351 - LRB104 04759 SPS 14786 b

1 subparagraph (2) of paragraph (G), including in such notice

2 the dates within which the complainant may exercise these

3 rights. In the notice the Department shall notify the

4 complainant that the charge of civil rights violation will be

5 dismissed with prejudice and with no right to further proceed

6 if a written complaint is not timely filed with the Commission

7 or with the appropriate circuit court by the complainant

8 pursuant to subparagraph (2) of paragraph (G) or by the

9 Department pursuant to subparagraph (1) of paragraph (G).

10  (B-1) Mediation. The complainant and respondent may agree

11 to voluntarily submit the charge to mediation without waiving

12 any rights that are otherwise available to either party

13 pursuant to this Act and without incurring any obligation to

14 accept the result of the mediation process. Nothing occurring

15 in mediation shall be disclosed by the Department or

16 admissible in evidence in any subsequent proceeding unless the

17 complainant and the respondent agree in writing that such

18 disclosure be made.

19  (C) Investigation.

20  (1) The Department shall conduct an investigation

21  sufficient to determine whether the allegations set forth

22  in the charge are supported by substantial evidence unless

23  the complainant elects to opt out of an investigation

24  pursuant to subsection (C-1).

25  (2) The Director or the Director's designated

26  representatives shall have authority to request any member
    HB0862 Enrolled  - 352 - LRB104 04759 SPS 14786 b

1   of the Commission to issue subpoenas to compel the

2   attendance of a witness or the production for examination

3   of any books, records or documents whatsoever as it deems

4   necessary for the Department's investigations.

5   (3) If any witness whose testimony is required for any

6   investigation resides outside the State, or through

7   illness or any other good cause as determined by the

8   Director is unable to be interviewed by the investigator

9   or appear at a fact-finding fact finding conference, the

10  witness' testimony or deposition may be taken, within or

11  without the State, in the same manner as is provided for in

12  the taking of depositions in civil cases in circuit

13  courts.

14  (4) Upon reasonable notice to the complainant and the

15  respondent, the Department in its discretion may conduct a

16  fact finding conference. If the complainant and respondent

17  both submit a written request for a fact finding

18  conference prior to 90 days after the date on which the

19  charge was filed, the Department shall conduct a fact

20  finding conference unless prior to the Department's

21  receipt of both requests, the Department has issued its

22  report. Any request for a fact finding conference must

23  include the party's written agreement to grant an

24  extension of 120 days to the time period if requested by

25  the Department to issue its report. If the Department

26  conducts a fact finding conference, a complainant or
    HB0862 Enrolled     - 353 - LRB104 04759 SPS 14786 b

1   respondent's failure to attend the conference without good

2   cause shall result in dismissal or default. The term "good

3   cause" shall be defined by rule promulgated by the

4   Department. A notice of dismissal or default shall be

5   issued by the Director. The notice of default issued by

6   the Director shall notify the respondent that a request

7   for review may be filed in writing with the Commission

8   within 30 days of receipt of notice of default. The notice

9   of dismissal issued by the Director shall give the

10  complainant notice of the complainant's right to seek

11  review of the dismissal before the Human Rights Commission

12  or commence a civil action in the appropriate circuit

13  court. If the complainant chooses to have the Human Rights

14  Commission review the dismissal order, the complainant

15  shall file a request for review with the Commission within

16  90 days after receipt of the Director's notice. If the

17  complainant chooses to file a request for review with the

18  Commission, the complainant may not later commence a civil

19  action in a circuit court. If the complainant chooses to

20  commence a civil action in a circuit court, the

21  complainant must do so within 90 days after receipt of the

22  Director's notice.

23  (C-1) Opt out of Department's investigation. At any time

24 within 60 days after receipt of notice of the right to opt out,

25 a complainant may submit a written request seeking notice from

26 the Director indicating that the complainant has opted out of
    HB0862 Enrolled  - 354 - LRB104 04759 SPS 14786 b

1 the investigation and may commence a civil action in the

2 appropriate circuit court or other appropriate court of

3 competent jurisdiction. Within 10 business days of receipt of

4 the complainant's request to opt out of the investigation, the

5 Director shall issue a notice to the parties stating that: (i)

6 the complainant has exercised the right to opt out of the

7 investigation; (ii) the complainant has 90 days after receipt

8 of the Director's notice to commence an action in the

9 appropriate circuit court or other appropriate court of

10 competent jurisdiction; and (iii) the Department has ceased

11 its investigation and is administratively closing the charge.

12 The complainant shall notify the Department that a complaint

13 has been filed with the appropriate circuit court by serving a

14 copy of the complaint on the chief legal counsel of the

15 Department within 21 days from the date that the complaint is

16 filed with the appropriate circuit court. This 21-day period

17 for service on the chief legal counsel shall not be construed

18 to be jurisdictional. Once a complainant has opted out of the

19 investigation under this subsection, the complainant may not

20 file or refile a substantially similar charge with the

21 Department arising from the same incident of unlawful

22 discrimination or harassment.

23  (D) Report.

24  (1) Each charge investigated under subsection (C)

25  shall be the subject of a report to the Director. The

26  report shall be a confidential document subject to review
    HB0862 Enrolled  - 355 - LRB104 04759 SPS 14786 b

1   by the Director, authorized Department employees, the

2   parties, and, where indicated by this Act, members of the

3   Commission or their designated hearing officers.

4   (2) Upon review of the report, the Director shall

5   determine whether there is substantial evidence that the

6   alleged civil rights violation has been committed. The

7   determination of substantial evidence is limited to

8   determining the need for further consideration of the

9   charge pursuant to this Act and includes, but is not

10  limited to, findings of fact and conclusions, as well as

11  the reasons for the determinations on all material issues.

12  Substantial evidence is evidence which a reasonable mind

13  accepts as sufficient to support a particular conclusion

14  and which consists of more than a mere scintilla but may be

15  somewhat less than a preponderance.

16  (3) If the Director determines that there is no

17  substantial evidence, the charge shall be dismissed by the

18  Director and the Director shall give the complainant

19  notice of the complainant's right to seek review of the

20  notice of dismissal before the Commission or commence a

21  civil action in the appropriate circuit court. If the

22  complainant chooses to have the Human Rights Commission

23  review the notice of dismissal, the complainant shall file

24  a request for review with the Commission within 90 days

25  after receipt of the Director's notice. If the complainant

26  chooses to file a request for review with the Commission,
    HB0862 Enrolled  - 356 - LRB104 04759 SPS 14786 b

1   the complainant may not later commence a civil action in a

2   circuit court. If the complainant chooses to commence a

3   civil action in a circuit court, the complainant must do

4   so within 90 days after receipt of the Director's notice.

5   The complainant shall notify the Department that a

6   complaint has been filed by serving a copy of the

7   complaint on the chief legal counsel of the Department

8   within 21 days from the date that the complaint is filed in

9   circuit court. This 21-day period for service on the chief

10  legal counsel shall not be construed to be jurisdictional.

11  (4) If the Director determines that there is

12  substantial evidence, the Director shall notify the

13  complainant and respondent of that determination. The

14  Director shall also notify the parties that the

15  complainant has the right to either commence a civil

16  action in the appropriate circuit court or request that

17  the Department of Human Rights file a complaint with the

18  Human Rights Commission on the complainant's behalf. Any

19  such complaint shall be filed within 90 days after receipt

20  of the Director's notice. If the complainant chooses to

21  have the Department file a complaint with the Human Rights

22  Commission on the complainant's behalf, the complainant

23  must, within 30 days after receipt of the Director's

24  notice, request in writing that the Department file the

25  complaint. If the complainant timely requests that the

26  Department file the complaint, the Department shall file
    HB0862 Enrolled        - 357 - LRB104 04759 SPS 14786 b

1   the complaint on the complainant's behalf. If the

2   complainant fails to timely request that the Department

3   file the complaint, the complainant may file the

4   complainant's complaint with the Commission or commence a

5   civil action in the appropriate circuit court. If the

6   complainant files a complaint with the Human Rights

7   Commission, the complainant shall notify the Department

8   that a complaint has been filed by serving a copy of the

9   complaint on the chief legal counsel of the Department

10  within 21 days from the date that the complaint is filed

11  with the Human Rights Commission. This 21-day period for

12  service on the chief legal counsel shall not be construed

13  to be jurisdictional.

14  (E) Conciliation.

15  (1) When there is a finding of substantial evidence,

16  the Department may designate a Department employee who is

17  an attorney licensed to practice in Illinois to endeavor

18  to eliminate the effect of the alleged civil rights

19  violation and to prevent its repetition by means of

20  conference and conciliation.

21  (2) When the Department determines that a formal

22  conciliation conference is necessary, the complainant and

23  respondent shall be notified of the time and place of the

24  conference by registered or certified mail at least 10

25  days prior thereto and either or both parties shall appear

26  at the conference in person or by attorney.
    HB0862 Enrolled       - 358 - LRB104 04759 SPS 14786 b

1   (3) The place fixed for the conference shall be within

2   35 miles of the place where the civil rights violation is

3   alleged to have been committed.

4   (4) Nothing occurring at the conference shall be

5   disclosed by the Department unless the complainant and

6   respondent agree in writing that such disclosure be made.

7   (5) The Department's efforts to conciliate the matter

8   shall not stay or extend the time for filing the complaint

9   with the Commission or the circuit court.

10  (F) Complaint.

11  (1) When the complainant requests that the Department

12  file a complaint with the Commission on the complainant's

13  behalf, the Department shall prepare a written complaint,

14  under oath or affirmation, stating the nature of the civil

15  rights violation substantially as alleged in the charge

16  previously filed and the relief sought on behalf of the

17  aggrieved party. The Department shall file the complaint

18  with the Commission.

19  (1.5) If the complainant chooses to file a complaint

20  with the Commission without the Department's assistance,

21  the complainant shall notify the Department that a

22  complaint has been filed by serving a copy of the

23  complaint on the chief legal counsel of the Department

24  within 21 days from the date that the complaint is filed

25  with the Human Rights Commission. This 21-day period for

26  service on the chief legal counsel shall not be construed
    HB0862 Enrolled        - 359 - LRB104 04759 SPS 14786 b

1   to be jurisdictional.

2   (2) If the complainant chooses to commence a civil

3   action in a circuit court:

4   (i) The complainant shall file the civil action in

5   the circuit court in the county wherein the civil

6   rights violation was allegedly committed.

7   (ii) The form of the complaint in any such civil

8   action shall be in accordance with the Code of Civil

9   Procedure.

10  (iii) The complainant shall notify the Department

11  that a complaint has been filed by serving a copy of

12  the complaint on the chief legal counsel of the

13  Department within 21 days from the date that the

14  complaint is filed in circuit court. This 21-day

15  period for service on the chief legal counsel shall

16  not be construed to be jurisdictional.

17  (G) Time Limit.

18  (1) When a charge of a civil rights violation has been

19  properly filed, the Department, within 365 days thereof or

20  within any extension of that period agreed to in writing

21  by all parties, shall issue its report as required by

22  subparagraph (D). Any such report shall be duly served

23  upon both the complainant and the respondent.

24  (2) If the Department has not issued its report within

25  365 days after the charge is filed, or any such longer

26  period agreed to in writing by all the parties, the
    HB0862 Enrolled  - 360 - LRB104 04759 SPS 14786 b

1   complainant shall have 90 days to either file the

2   complainant's own complaint with the Human Rights

3   Commission or commence a civil action in the appropriate

4   circuit court. If the complainant files a complaint with

5   the Commission, the form of the complaint shall be in

6   accordance with the provisions of paragraph (F)(1). If the

7   complainant commences a civil action in a circuit court,

8   the form of the complaint shall be in accordance with the

9   Code of Civil Procedure. The aggrieved party shall notify

10  the Department that a complaint has been filed by serving

11  a copy of the complaint on the chief legal counsel of the

12  Department within with 21 days from the date that the

13  complaint is filed with the Commission or in circuit

14  court. This 21-day period for service on the chief legal

15  counsel shall not be construed to be jurisdictional. If

16  the complainant files a complaint with the Commission, the

17  complainant may not later commence a civil action in

18  circuit court.

19  (3) If an aggrieved party files a complaint with the

20  Human Rights Commission or commences a civil action in

21  circuit court pursuant to paragraph (2) of this

22  subsection, or if the time period for filing a complaint

23  has expired, the Department shall immediately cease its

24  investigation and dismiss the charge of civil rights

25  violation. Any final order entered by the Commission under

26  this Section is appealable in accordance with paragraph
    HB0862 Enrolled           - 361 - LRB104 04759 SPS 14786 b

1   (B)(1) of Section 8-111. Failure to immediately cease an

2   investigation and dismiss the charge of civil rights

3   violation as provided in this paragraph (3) constitutes

4   grounds for entry of an order by the circuit court

5   permanently enjoining the investigation. The Department

6   may also be liable for any costs and other damages

7   incurred by the respondent as a result of the action of the

8   Department.

9   (4) (Blank).

10  (H) Public Act 89-370 applies to causes of action filed on

11 or after January 1, 1996.

12  (I) Public Act 89-520 applies to causes of action filed on

13 or after January 1, 1996.

14  (J) The changes made to this Section by Public Act 95-243

15 apply to charges filed on or after the effective date of those

16 changes.

17  (K) The changes made to this Section by Public Act 96-876

18 apply to charges filed on or after the effective date of those

19 changes.

20  (L) The changes made to this Section by Public Act

21 100-1066 apply to charges filed on or after August 24, 2018

22 (the effective date of Public Act 100-1066).

23  (M) The changes made to this Section by Public Act 104-425

24 this amendatory Act of the 104th General Assembly apply to

25 charges pending or filed on or after January 1, 2026 (the

26 effective date of Public Act 104-425) this amendatory Act of
    HB0862 Enrolled    - 362 - LRB104 04759 SPS 14786 b

1 the 104th General Assembly.
2 (Source: P.A. 103-335, eff. 1-1-24; 103-973, eff. 1-1-25;
3 104-425, eff. 1-1-26; revised 12-12-25.)

4   (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)

5   Sec. 7B-102. Procedures.

6   (A) Charge.

7   (1) Within one year after the date that a civil rights

8   violation allegedly has been committed or terminated, a

9   charge in writing under oath or affirmation may be filed

10  with the Department by an aggrieved party or issued by the

11  Department itself under the signature of the Director.

12  (2) The charge shall be in such detail as to

13  substantially apprise any party properly concerned as to

14  the time, place, and facts surrounding the alleged civil

15  rights violation.

16  (B) Notice and Response to Charge.

17  (1) The Department shall serve notice upon the

18  aggrieved party acknowledging such charge and advising the

19  aggrieved party of the time limits and choice of forums

20  provided under this Act. The Department shall, within 10

21  days of the date on which the charge was filed or the

22  identification of an additional respondent under paragraph

23  (2) of this subsection, serve on the respondent a copy of

24  the charge along with a notice identifying the alleged

25  civil rights violation and advising the respondent of the
    HB0862 Enrolled  - 363 - LRB104 04759 SPS 14786 b

1   procedural rights and obligations of respondents under

2   this Act and may require the respondent to file a response

3   to the allegations contained in the charge. Upon the

4   Department's request, the respondent shall file a response

5   to the charge within 30 days and shall serve a copy of its

6   response on the complainant or his or her representative.

7   Notwithstanding any request from the Department, the

8   respondent may elect to file a response to the charge

9   within 30 days of receipt of notice of the charge,

10  provided the respondent serves a copy of its response on

11  the complainant or his or her representative. All

12  allegations contained in the charge not denied by the

13  respondent within 30 days after the Department's request

14  for a response may be deemed admitted, unless the

15  respondent states that it is without sufficient

16  information to form a belief with respect to such

17  allegation. The Department may issue a notice of default

18  directed to any respondent who fails to file a response to

19  a charge within 30 days of the Department's request,

20  unless the respondent can demonstrate good cause as to why

21  such notice should not issue. The term "good cause" shall

22  be defined by rule promulgated by the Department. Within

23  10 days of the date he or she receives the respondent's

24  response, the complainant may file his or her reply to

25  said response. If he or she chooses to file a reply, the

26  complainant shall serve a copy of said reply on the
    HB0862 Enrolled     - 364 - LRB104 04759 SPS 14786 b

1   respondent or his or her representative. A party may

2   supplement his or her response or reply at any time that

3   the investigation of the charge is pending.

4   (2) A person who is not named as a respondent in a

5   charge, but who is identified as a respondent in the

6   course of investigation, may be joined as an additional or

7   substitute respondent upon written notice, under

8   subsection (B), to such person, from the Department. Such

9   notice, in addition to meeting the requirements of

10  subsections (A) and (B), shall explain the basis for the

11  Department's belief that a person to whom the notice is

12  addressed is properly joined as a respondent.

13  (C) Investigation.

14  (1) The Department shall conduct a full investigation

15  of the allegations set forth in the charge and complete

16  such investigation within 100 days after the filing of the

17  charge, unless it is impracticable to do so. The

18  Department's failure to complete the investigation within

19  100 days after the proper filing of the charge does not

20  deprive the Department of jurisdiction over the charge.

21  (2) If the Department is unable to complete the

22  investigation within 100 days after the charge is filed,

23  the Department shall notify the complainant and respondent

24  in writing of the reasons for not doing so. The failure of

25  the Department to notify the complainant or respondent in

26  writing of the reasons for not doing so shall not deprive
    HB0862 Enrolled  - 365 - LRB104 04759 SPS 14786 b

1   the Department of jurisdiction over the charge.

2   (3) The Director or his or her designated

3   representative shall have authority to request any member

4   of the Commission to issue subpoenas to compel the

5   attendance of a witness or the production for examination

6   of any books, records or documents whatsoever as it deems

7   necessary for the Department's investigations.

8   (4) If any witness whose testimony is required for any

9   investigation resides outside the State, or through

10  illness or any other good cause as determined by the

11  Director is unable to be interviewed by the investigator

12  or appear at a fact finding conference, his or her

13  testimony or deposition may be taken, within or without

14  the State, in the same manner as provided for in the taking

15  of depositions in civil cases in circuit courts.

16  (5) Upon reasonable notice to the complainant and the

17  respondent, the Department may conduct a fact finding

18  conference. When requested by the Department, a party's

19  failure to attend the conference without good cause may

20  result in dismissal or default. A notice of dismissal or

21  default shall be issued by the Director and shall notify

22  the relevant party that a request for review may be filed

23  in writing with the Commission within 30 days of receipt

24  of notice of dismissal or default.

25  (D) Report.

26  (1) Each charge investigated under subsection (C)
    HB0862 Enrolled  - 366 - LRB104 04759 SPS 14786 b

1   shall be the subject of a report to the Director. The

2   report shall be a confidential document subject to review

3   by the Director, authorized Department employees, the

4   parties, and, where indicated by this Act, members of the

5   Commission or their designated hearing officers.

6   The report shall contain:

7   (a) the names and dates of contacts with

8   witnesses;

9   (b) a summary and the date of correspondence and

10  other contacts with the aggrieved party and the

11  respondent;

12  (c) a summary description of other pertinent

13  records;

14  (d) a summary of witness statements; and

15  (e) answers to questionnaires.

16  A final report under this paragraph may be amended if

17  additional evidence is later discovered.

18  (2) Upon review of the report and within 100 days of

19  the filing of the charge, unless it is impracticable to do

20  so, the Director shall determine whether there is

21  substantial evidence that the alleged civil rights

22  violation has been committed or is about to be committed.

23  If the Director is unable to make the determination within

24  100 days after the filing of the charge, the Director

25  shall notify the complainant and respondent in writing of

26  the reasons for not doing so. The Director's failure to
    HB0862 Enrolled    - 367 - LRB104 04759 SPS 14786 b

1   make the determination within 100 days after the proper

2   filing of the charge does not deprive the Department of

3   jurisdiction over the charge.

4   (a) If the Director determines that there is no

5   substantial evidence, the charge shall be dismissed

6   and the aggrieved party notified that he or she may

7   seek review of the dismissal order before the

8   Commission. The aggrieved party shall have 90 days

9   from receipt of notice to file a request for review by

10  the Commission. The Director shall make public

11  disclosure of each such dismissal.

12  (b) If the Director determines that there is

13  substantial evidence, he or she shall immediately

14  issue a complaint on behalf of the aggrieved party

15  pursuant to subsection (F).

16  (E) Conciliation.

17  (1) During the period beginning with the filing of a

18  charge and ending with the filing of a complaint or a

19  dismissal by the Department, the Department shall, to the

20  extent feasible, engage in conciliation with respect to

21  such charge.

22  When the Department determines that a formal

23  conciliation conference is feasible, the aggrieved party

24  and respondent shall be notified of the time and place of

25  the conference by registered or certified mail at least 7

26  days prior thereto and either or both parties shall appear
    HB0862 Enrolled      - 368 - LRB104 04759 SPS 14786 b

1   at the conference in person or by attorney.

2   (2) The place fixed for the conference shall be within

3   35 miles of the place where the civil rights violation is

4   alleged to have been committed.

5   (3) Nothing occurring at the conference shall be made

6   public or used as evidence in a subsequent proceeding for

7   the purpose of proving a violation under this Act unless

8   the complainant and respondent agree in writing that such

9   disclosure be made.

10  (4) A conciliation agreement arising out of such

11  conciliation shall be an agreement between the respondent

12  and the complainant, and shall be subject to approval by

13  the Department and Commission.

14  (5) A conciliation agreement may provide for binding

15  arbitration of the dispute arising from the charge. Any

16  such arbitration that results from a conciliation

17  agreement may award appropriate relief, including monetary

18  relief.

19  (6) Each conciliation agreement shall be made public

20  unless the complainant and respondent otherwise agree and

21  the Department determines that disclosure is not required

22  to further the purpose of this Act.

23  (F) Complaint.

24  (1) When there is a failure to settle or adjust any

25  charge through a conciliation conference and the charge is

26  not dismissed, the Department shall prepare a written
    HB0862 Enrolled          - 369 - LRB104 04759 SPS 14786 b

1   complaint, under oath or affirmation, stating the nature

2   of the civil rights violation and the relief sought on

3   behalf of the aggrieved party. Such complaint shall be

4   based on the final investigation report and need not be

5   limited to the facts or grounds alleged in the charge

6   filed under subsection (A).

7   (2) The complaint shall be filed with the Commission.

8   (3) The Department may not issue a complaint under

9   this Section regarding an alleged civil rights violation

10  after the beginning of the trial of a civil action

11  commenced by the aggrieved party under any State or

12  federal law, seeking relief with respect to that alleged

13  civil rights violation.

14  (G) Time Limit.

15  (1) When a charge of a civil rights violation has been

16  properly filed, the Department, within 100 days thereof,

17  unless it is impracticable to do so, shall either issue

18  and file a complaint in the manner and form set forth in

19  this Section or shall order that no complaint be issued.

20  Any such order shall be duly served upon both the

21  aggrieved party and the respondent. The Department's

22  failure to either issue and file a complaint or order that

23  no complaint be issued within 100 days after the proper

24  filing of the charge does not deprive the Department of

25  jurisdiction over the charge.

26  (2) The Director shall make available to the aggrieved
    HB0862 Enrolled              - 370 - LRB104 04759 SPS 14786 b

1   party and the respondent, at any time, upon request

2   following completion of the Department's investigation,

3   information derived from an investigation and any final

4   investigative report relating to that investigation.

5   (H) This amendatory Act of 1995 applies to causes of

6 action filed on or after January 1, 1996.

7   (I) The changes made to this Section by Public Act 95-243

8 apply to charges filed on or after the effective date of those

9 changes.

10  (J) The changes made to this Section by this amendatory

11 Act of the 96th General Assembly apply to charges filed on or

12 after the effective date of those changes.

13 (Source: P.A. 101-530, eff. 1-1-20; 102-362, eff. 1-1-22.)

14  (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)

15  Sec. 8-101. Illinois Human Rights Commission.

16  (A) Creation; appointments. The Human Rights Commission is

17 created and hereby redesignated as an independent commission

18 under the Department for administrative purposes. The

19 Commission shall to consist of 7 members appointed by the

20 Governor with the advice and consent of the Senate. No more

21 than 4 members shall be of the same political party. The

22 Governor shall designate one member as chairperson. All

23 appointments shall be in writing and filed with the Secretary

24 of State as a public record.

25  Notwithstanding any provision of this Section to the
    HB0862 Enrolled       - 371 - LRB104 04759 SPS 14786 b

1 contrary, beginning on January 15, 2029, and thereafter, the

2 Commission shall consist of 5 members appointed by the

3 Governor with the advice and consent of the Senate. No more

4 than 3 members shall be of the same political party.

5   (B) Terms. Of the members first appointed, 4 shall be

6 appointed for a term to expire on the third Monday of January

7 2021, and 3 (including the Chairperson) shall be appointed for

8 a term to expire on the third Monday of January 2023.

9   Notwithstanding any provision of this Section to the

10 contrary, the term of office of each member of the Illinois

11 Human Rights Commission is abolished on January 19, 2019.

12 Incumbent members holding a position on the Commission that

13 was created by Public Act 84-115 and whose terms, if not for

14 Public Act 100-1066, would have expired January 18, 2021 shall

15 continue to exercise all of the powers and be subject to all of

16 the duties of members of the Commission until June 30, 2019 or

17 until their respective successors are appointed and qualified,

18 whichever is earlier.

19  Thereafter, each member shall serve for a term of 4 years

20 and until the member's successor is appointed and qualified;

21 except that any member chosen to fill a vacancy occurring

22 otherwise than by expiration of a term shall be appointed only

23 for the unexpired term of the member whom the member shall

24 succeed and until the member's successor is appointed and

25 qualified.

26  Notwithstanding any provision of this Section to the
    HB0862 Enrolled             - 372 - LRB104 04759 SPS 14786 b

1 contrary, for the members whose terms expire in January 2027,

2 the terms of their respective successors shall expire

3 concurrently with the members whose terms expire on January

4 15, 2029. Notwithstanding any provision of this Section to the

5 contrary, of the 5 members appointed to terms beginning in

6 January 2029, 3 members shall be appointed to a term to expire

7 on the third Monday of January 2031, and 2 members, including

8 the chairperson, shall be appointed for a term to expire on the

9 third Monday of January 2033. Thereafter, each member shall

10 serve for a term of 4 years and until the member's successor is

11 appointed and qualified; except that any member chosen to fill

12 a vacancy occurring otherwise than by expiration of a term

13 shall be appointed only for the unexpired term of the member

14 whom the member shall succeed and until the member's successor

15 is appointed and qualified.

16  (C) Vacancies.

17  (1) In the case of vacancies on the Commission during

18  a recess of the Senate, the Governor shall make a

19  temporary appointment until the next meeting of the Senate

20  when the Governor shall appoint a person to fill the

21  vacancy. Any person so nominated and confirmed by the

22  Senate shall hold office for the remainder of the term and

23  until the person's successor is appointed and qualified.

24  (2) If the Senate is not in session at the time this

25  Act takes effect, the Governor shall make temporary

26  appointments to the Commission as in the case of
    HB0862 Enrolled        - 373 - LRB104 04759 SPS 14786 b

1   vacancies.

2           (3) Vacancies in the Commission shall not impair the

3   right of the remaining members to exercise all the powers

4   of the Commission. Except when authorized by this Act to

5   proceed through a 3 member panel, a majority of the

6   members of the Commission then in office shall constitute

7   a quorum.

8   (D) Compensation. On and after January 19, 2019, the

9 Chairperson of the Commission shall be compensated at the rate

10 of $125,000 per year, or as set by the Compensation Review

11 Board, whichever is greater, during the Chairperson's service

12 as Chairperson, and each other member shall be compensated at

13 the rate of $119,000 per year, or as set by the Compensation

14 Review Board, whichever is greater. In addition, all members

15 of the Commission shall be reimbursed for expenses actually

16 and necessarily incurred by them in the performance of their

17 duties.

18  (E) (Blank).

19  (F) A formal training program for newly appointed

20 commissioners shall be implemented. The training program shall

21 include the following:

22          (1) substantive and procedural aspects of the office

23  of commissioner;

24          (2) current issues in employment and housing

25  discrimination and public accommodation law and practice;

26          (3) orientation to each operational unit of the Human
    HB0862 Enrolled     - 374 - LRB104 04759 SPS 14786 b

1   Rights Commission;

2   (4) observation of experienced hearing officers and

3   commissioners conducting hearings of cases, combined with

4   the opportunity to discuss evidence presented and rulings

5   made;

6   (5) the use of hypothetical cases requiring the newly

7   appointed commissioner to issue judgments as a means of

8   evaluating knowledge and writing ability;

9   (6) writing skills; and

10  (7) professional and ethical standards.

11  A formal and ongoing professional development program

12 including, but not limited to, the above-noted areas shall be

13 implemented to keep commissioners informed of recent

14 developments and issues and to assist them in maintaining and

15 enhancing their professional competence. Each commissioner

16 shall complete 20 hours of training in the above-noted areas

17 during every 2 years the commissioner remains in office.

18  (G) Commissioners must meet one of the following

19 qualifications:

20  (1) licensed to practice law in the State of Illinois;

21  (2) at least 3 years of experience as a hearing

22  officer at the Human Rights Commission; or

23  (3) at least 4 years of professional experience

24  working for or dealing with individuals or corporations

25  affected by this Act or similar laws in other

26  jurisdictions, including, but not limited to, experience
    HB0862 Enrolled     - 375 - LRB104 04759 SPS 14786 b

1   with a civil rights advocacy group, a fair housing group,

2   a community organization, a trade association, a union, a

3   law firm, a legal aid organization, an employer's human

4   resources department, an employment discrimination

5   consulting firm, a community affairs organization, or a

6   municipal human relations agency.

7   The Governor's appointment message, filed with the

8 Secretary of State and transmitted to the Senate, shall state

9 specifically how the experience of a nominee for commissioner

10 meets the requirement set forth in this subsection. The

11 Chairperson must have public or private sector management and

12 budget experience, as determined by the Governor.

13  Each commissioner shall devote full time to the

14 commissioner's duties and any commissioner who is an attorney

15 shall not engage in the practice of law, nor shall any

16 commissioner hold any other office or position of profit under

17 the United States or this State or any municipal corporation

18 or political subdivision of this State, nor engage in any

19 other business, employment, or vocation.

20  (H) (Blank).

21  (I) Each commissioner may engage in outreach, public

22 education, training activities, and other assignments that

23 further the purposes of the Commission and are consistent with

24 the commissioner's official duties, including as recommended

25 by the Chairperson.

26 (Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
    HB0862 Enrolled          - 376 - LRB104 04759 SPS 14786 b

1 103-605, eff. 7-1-24; 103-859, eff. 1-1-25.)

2   (775 ILCS 5/8-105) (from Ch. 68, par. 8-105)

3   Sec. 8-105. Settlement.

4   (A) Approval.

5   (1) When a proposed settlement is submitted by the

6   Department, the Commission, through a panel of 3 members,

7   shall determine whether to approve its terms and

8   conditions.

9   (2) A settlement of any complaint and its underlying

10  charge or charges may be effectuated at any time upon

11  agreement of the parties, with or without the Commission's

12  approval, and shall act as a full and final resolution of

13  the matter. If the parties desire that the Commission

14  retain jurisdiction over the matter for purposes of

15  enforcing the terms of the settlement, the terms shall be

16  reduced to writing, signed by the parties, and submitted

17  to the Commission for approval. Any settlement to which

18  the Department is a party shall be subject to approval by

19  the Commission. The Commission, through a panel of 3

20  members, shall determine whether to approve the

21  settlement.

22  (3) The Commission's determination of whether to

23  approve a settlement shall occur within 15 days after the

24  settlement is filed with the Commission. Approval of the

25  settlement shall be accomplished by an order, served on
    HB0862 Enrolled    - 377 - LRB104 04759 SPS 14786 b

1   the parties and the Department, in accord with the written

2   terms of the settlement.

3   (B) Violation. When the Department files notice of a

4 settlement order violation, the Commission, through a panel of

5 3 three members, may either order the Department to seek

6 enforcement of the settlement order pursuant to paragraph (C)

7 of Section 8-111 or remand for any type of hearing as it may

8 deem necessary pursuant to paragraph (D) of Section 8A-103.

9   (C) Dismissal for Refusal to Accept Settlement Offer. The

10 Commission shall dismiss a complaint and the underlying charge

11 or charges of the complaint if the Commission is satisfied

12 that:

13        1. the respondent has eliminated the effects of the

14  civil rights violation charged and taken steps to prevent

15  repetition of the violation; or

16        2. the respondent offers and the complainant declines

17  to accept the terms of settlement that the Commission

18  determines are sufficient to eliminate the effect of the

19  civil rights violation charged and to prevent repetition

20  of the violation.

21  In determining whether the respondent has eliminated the

22 effects of the civil rights violation charged, or has offered

23 terms of settlement sufficient to eliminate same, the

24 Commission shall consider the extent to which the respondent

25 has either fully provided, or reasonably offered by way of

26 terms of settlement, as the case may be, the relevant relief
    HB0862 Enrolled         - 378 - LRB104 04759 SPS 14786 b

1 available to the complainant under Section 8A-104 of this Act.

2   At any time after the service of a complaint pursuant to

3 Section 8A-102 of this Act, and prior to service of a decision

4 prepared pursuant to Section 8A-102(I), a respondent may move

5 for a recommended order dismissing a complaint and the

6 underlying charge or charges for complainant's refusal to

7 accept terms of settlement that are sufficient to eliminate

8 the effects of the civil rights violation charged in the

9 complaint and to eliminate repetition of the violation.

10 Respondent's motion and complainant's reply, if any, shall

11 comply with the requirements for summary decision set forth in

12 Section 8-106.1 of this Act.

13  (D) This amendatory Act of 1996 applies to causes of

14 action filed on or after January 1, 1996.

15 (Source: P.A. 101-661, eff. 4-2-21.)

16  (775 ILCS 5/9-103 new)

17  Sec. 9-103. Transfer of the Commission.

18  (a) The Commission retains all the rights, powers, duties,

19 and responsibilities vested in the Commission by law,

20 including the power to select hearing officers, except that

21 all finance, accounting, human resources, labor relations,

22 communications, purchasing, procurement, administrative

23 functions or other resources necessary to the operation of the

24 Commission shall be vested in and shall be exercised by the

25 Department in support of the Commission. The Commission and
    HB0862 Enrolled  - 379 - LRB104 04759 SPS 14786 b

1 the Department shall retain independent capacity to sue and be

2 sued.

3   (b) The personnel of the Commission responsible for the

4 administrative functions listed in subsection (a) are

5 transferred to the Department. The status and rights of

6 personnel of the Commission under the Personnel Code are not

7 affected by the transfer. The rights of the employees and the

8 State of Illinois and its agencies under the Personnel Code,

9 the Illinois Public Labor Relations Act, and applicable

10 collective bargaining agreements or under any pension,

11 retirement, or annuity plan are not affected by this

12 amendatory Act of the 104th General Assembly. The Commission

13 shall at all times operate with dedicated personnel and

14 employees qualified to execute the day-to-day powers, duties,

15 and responsibilities vested in the Commission by law.

16  (c) All books, records, papers, documents, property (real

17 and personal), contracts, causes of action, and pending

18 business pertaining to the rights, powers, duties, and

19 responsibilities transferred by this amendatory Act of the

20 104th General Assembly from the Commission to the Department,

21 including, but not limited to, material in electronic or

22 magnetic format and necessary computer hardware and software,

23 are transferred to the Department.

24  (d) Any rules that relate to the rights, powers, duties,

25 and responsibilities of the Commission and are in force on the

26 effective date of the changes made to this Section by this
    HB0862 Enrolled          - 380 - LRB104 04759 SPS 14786 b

1 Section shall continue in effect until amended or repealed.

2 This amendatory Act of the 104th General Assembly does not

3 affect the legality of any such rules.

4   (e) This amendatory Act of the 104th General Assembly does

5 not affect any act done, ratified, or canceled, any right

6 occurring or established, or any action or proceeding had or

7 commenced in an administrative, civil, or criminal cause by

8 the Commission before the effective date of this Section.

9 Those actions or proceedings shall be continued, in accordance

10 with this amendatory Act of the 104th General Assembly, by the

11 Commission.

12  (f) The appropriation for the Commission shall be separate

13 from the overall appropriation for the Department. To the

14 extent functions or personnel of the Commission are

15 transferred to the Department under this amendatory Act of the

16 104th General Assembly, all unexpended appropriations and

17 balances and other funds available for use relating to those

18 functions or personnel shall be transferred for use by the

19 Department. Unexpended balances so transferred shall be

20 expended only for the purpose for which the appropriations

21 were originally made.

22  (775 ILCS 5/8-112 rep.)

23  Section 15-10. The Illinois Human Rights Act is amended by

24 repealing Section 8-112.
         HB0862 Enrolled      - 381 - LRB104 04759 SPS 14786 b
1                          Article 20.

2   Section 20-5. The Illinois Human Rights Act is amended by

3 changing Section 2-106 as follows:

4   (775 ILCS 5/2-106)

5   Sec. 2-106. Accessibility Committee for Employees with

6 Disabilities, formerly the Interagency Committee on Employees

7 with Disabilities.

8   (A) As used in this Section:

9   "State agency" means all officers, boards, commissions,

10 and agencies created by the Constitution in the executive

11 branch; all officers, departments, boards, commissions,

12 agencies, institutions, authorities, universities, bodies

13 politic and corporate of the State; and administrative units

14 or corporate outgrowths of the State government which are

15 created by or pursuant to statute, other than units of local

16 government and their officers, school districts, and boards of

17 election commissioners; all administrative units and corporate

18 outgrowths of the above and as may be created by executive

19 order of the Governor.

20  "State employee" means an employee of a State agency.

21  (B) The Accessibility Committee for Employees with

22 Disabilities, formerly named the Interagency Committee on

23 Employees with Disabilities, created under repealed Section

24 19a of the Personnel Code, is continued as set forth in this
    HB0862 Enrolled  - 382 - LRB104 04759 SPS 14786 b

1 Section. The Committee is composed of 18 members as follows:

2 the Chairperson of the Civil Service Commission or his or her

3 designee, the Director of Veterans' Affairs or his or her

4 designee, the Director of Central Management Services or his

5 or her designee, the Secretary of Human Services or his or her

6 designee, the Director of Human Rights or his or her designee,

7 the Director of the Illinois Council on Developmental

8 Disabilities or his or her designee, the Lieutenant Governor

9 or his or her designee, the Attorney General or his or her

10 designee, the Secretary of State or his or her designee, the

11 State Comptroller or his or her designee, the State Treasurer

12 or his or her designee, and 7 State employees with

13 disabilities appointed by and serving at the pleasure of the

14 Governor.

15  (C) The Director of Human Rights and the Secretary of

16 Human Services shall serve as co-chairpersons of the

17 Committee. The Committee shall meet as often as it deems

18 necessary, but in no case less than 6 times annually at the

19 call of the co-chairpersons. Notice shall be given to the

20 members in writing in advance of a scheduled meeting.

21  (D) The Department of Human Rights shall provide

22 administrative support to the Committee.

23  (E) The purposes and functions of the Committee are: (1)

24 to provide a forum where problems of general concern to State

25 employees with disabilities can be raised and methods of their

26 resolution can be suggested to the appropriate State agencies;
    HB0862 Enrolled       - 383 - LRB104 04759 SPS 14786 b

1 (2) to provide a clearinghouse of information for State

2 employees with disabilities by working with those agencies to

3 develop and retain such information; (3) to promote

4 affirmative action efforts pertaining to the employment of

5 persons with disabilities by State agencies; and (4) to

6 recommend, where appropriate, means of strengthening the

7 affirmative action programs for employees with disabilities in

8 State agencies.

9   (F) The Committee shall annually make a complete report to

10 the General Assembly on the Committee's achievements and

11 accomplishments. Such report may also include an evaluation by

12 the Committee of the effectiveness of the hiring and

13 advancement practices in State government.

14  (G) This amendatory Act of the 99th General Assembly is

15 not intended to disqualify any current member of the Committee

16 from continued membership on the Committee in accordance with

17 the terms of this Section or the member's appointment.

18  (H) This amendatory Act of the 104th General Assembly is

19 not intended to change the operation, purpose, or function of

20 the Committee and is not intended to disqualify any current

21 member of the Committee from continued membership on the

22 Committee in accordance with the terms of this Section or the

23 member's appointment.

24 (Source: P.A. 99-314, eff. 8-7-15.)

25                        Article 25.
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1   Section 25-5. The Illinois Independent Tax Tribunal Act of

2 2012 is amended by changing Section 1-25 as follows:

3   (35 ILCS 1010/1-25)

4   Sec. 1-25. Judges; number; term of office; removal.

5   (a) The Governor shall, with the advice and consent of the

6 Senate, appoint a Chief Administrative Law Judge to be the

7 executive of the Tax Tribunal. The Chief Administrative Law

8 Judge shall serve a 5-year term. The Governor may appoint

9 additional administrative law judges, with the advice and

10 consent of the Senate, as necessary to carry out the

11 provisions of this Act, provided that no more than 4

12 administrative law judges, including the Chief Administrative

13 Law Judge, shall serve at the same time. The administrative

14 law judges, other than the Chief Administrative Law Judge,

15 shall initially be appointed to staggered terms of no greater

16 than 4 years. After the initial terms of office, all

17 administrative law judges, other than the Chief Administrative

18 Law Judge, shall be appointed for terms of 4 years. Each

19 administrative law judge is eligible for reappointment.

20  (b) Once appointed and confirmed, each administrative law

21 judge shall continue in office until his or her term expires

22 and until a successor has been appointed and confirmed,

23 subject to the provisions of Section 3A-40 of the Illinois

24 Governmental Ethics Act.
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1   (c) The office of an administrative law judge under this

2 Section shall be vacant upon the administrative law judge's

3 death, resignation, retirement, or removal, or upon the

4 conclusion of his or her term without reappointment. Within 30

5 days after such a vacancy occurs, a successor administrative

6 law judge shall be appointed by the Governor, with the advice

7 and consent of the Senate, for the remainder of the current

8 unexpired term for that vacancy. In case of vacancies during

9 the recess of the Senate, the Governor shall make a temporary

10 appointment until the next meeting of the Senate, when the

11 Governor shall nominate some person to fill the office, and

12 any person so nominated who is confirmed by the Senate shall

13 hold office during the remainder of the term and until his or

14 her successor is appointed and qualified. No person rejected

15 by the Senate for the office of an administrative law judge

16 under this Section shall, except at the Senate's request, be

17 nominated again for that office at the same session or be

18 appointed to that office during a recess of that Senate.

19  (d) The Governor may remove an administrative law judge of

20 the Tax Tribunal, after notice and an opportunity to be heard,

21 for incompetency, neglect of duty, inability to perform

22 duties, malfeasance in office, or other good cause.

23  (e) Each administrative law judge of the Tax Tribunal,

24 including the Chief Administrative Law Judge, shall receive an

25 annual salary equal to that of the Director of the Department

26 of Revenue. The Chief Administrative Law Judge shall receive
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1 an additional $15,000 annual stipend. Beginning with the term

2 of the successor Chief Administrative Law Judge in 2029, the

3 Chief Administrative Law Judge shall no longer receive an

4 additional $15,000 annual stipend.

5   (f) The Chief Administrative Law Judge shall have sole

6 charge of the administration of the Tax Tribunal and shall

7 apportion among the judges all causes, matters, and

8 proceedings coming before the Tax Tribunal. Each

9 administrative law judge shall exercise the power of the Tax

10 Tribunal.

11  (g) An administrative law judge may disqualify himself or

12 herself on his or her own motion in any matter, and may be

13 disqualified for any of the causes specified in the Illinois

14 Code of Judicial Conduct.

15 (Source: P.A. 97-1129, eff. 8-28-12.)

16                            Article 40.

17  Section 40-5. The Illinois Holocaust and Genocide

18 Commission Act is amended by changing Section 30 as follows:

19  (20 ILCS 5010/30)

20  (Section scheduled to be repealed on January 1, 2032)

21  Sec. 30. Term of public member.

22  (a) A public member of the Commission serves a term of 4

23 years, except that the terms of the initial members shall
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1 expire on February 1, 2015. Following the expiration of the

2 terms of the initial members of the Commission, the Governor

3 may re-appoint initial members as follows:

4          (1) five members to terms that expire February 1,

5   2016;

6          (2) five members to terms that expire February 1,

7   2017; and

8          (3) five members to terms that expire February 1,

9   2018.

10 Notwithstanding subsection (c) of this Section, initial

11 members re-appointed to terms that expire on February 1, 2016

12 or February 1, 2017 may be appointed to a 4-year term following

13 expiration of their re-appointment.

14  (a-5) Public members of the Commission added under this

15 amendatory Act of the 98th General Assembly shall serve 4-year

16 terms.

17  (b) A public member is eligible for reappointment to

18 another term or part of a term.

19  (c) (Blank). A public member may not serve more than 2

20 consecutive full terms. For purposes of this prohibition, a

21 member is considered to have served a full term only if the

22 member has served more than half of a 4-year term.

23 (Source: P.A. 98-793, eff. 7-28-14.)

24                   Article 99.
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1   Section 99-95. No acceleration or delay. Where this Act

2 makes changes in a statute that is represented in this Act by

3 text that is not yet or no longer in effect (for example, a

4 Section represented by multiple versions), the use of that

5 text does not accelerate or delay the taking effect of (i) the

6 changes made by this Act or (ii) provisions derived from any

7 other Public Act.

8   Section 99-97. Severability. The provisions of this Act

9 are severable under Section 1.31 of the Statute on Statutes.

10  Section 99-99. Effective date. This Act takes effect upon

11 becoming law, except that Articles 15 and 20 take effect July

12 1, 2026 and Article 10 takes effect July 1, 2027.
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